An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
What is a signature by mark? A signature by mark is an alternative to writing a full signature. The signer instead makes a mark (such as an “X”) or other symbols on the document. Under the laws of many states, a mark is considered a signature and is treated as such.
Are there restrictions on the way an instrument is signed? A notary must sign the notarial certificate using the same name that is listed on the commission issued by the secretary of state. However, as long as the name matches, the signature of the notary may be printed, written, typed, stamped, etc.
No. If the signer is not personally known by the Notary Public or identified by a credible witness, the Notary Public must use an identification card issued by a governmental agency or a passport issued by the United States to identify the signer.
Given under my hand and seal of office this day of , (year). This instrument was acknowledged before me on (date) by (name or names of person or persons acknowledging). This instrument was acknowledged before me on (date) by (name of attorney-in- fact) as attorney-in-fact on behalf of (name of principal).
Underneath the signature line and underneath the person's mark write “his/her mark.” A witness should be present to sign as well. A specific notarial certificate will be used to document the nature of the signing.
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
In Texas, an electronic notarization (i.e., affixing an electronic or digital signature and seal to an electronic document) may be performed by a traditional notary.
No. A Texas notary CANNOT notarize his or her own signature.
In California, for instance, a notary must witness the signature for it to be valid. In Texas, however, signers may acknowledge they signed a document previously rather than executing it again in the notary's presence. In Florida, notarization requires a signer's presence unless specific statutory exceptions apply.
