For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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The proper way to sign as an agent is to first sign the principal's full legal name, then write the word "by," and then sign your name. You may also want to show that you are signing as an agent by writing after the signature: Agent, Attorney in Fact, Power of Attorney, or POA.
Step 1: Decide what the title of your affidavit will be. Step 2: Put the name and personal background information of the person giving the information in the first paragraph. Step 3: Write an opening sentence in the first person tense. Step 4: Make an outline of the information given or state the facts of the case.
No. Because the witnesses' names appear on the same document, they cannot truthfully swear or affirm that they are not named in the document (see Civil Code Section 1185[b][1][A][v]).
In the United States, notary public cannot give legal advice and cannot prepare legal papers. A notary is only an official witness when you sign your name to papers or when papers are being copied for official use. In Oregon, a notary public who works in the Spanish language must tell you when s/he is NOT a lawyer.
The notary will then place his or her signature and notary seal on the document and make an entry in the notary journal. Except in the above circumstances, it is against the law to notarize your own signature in every state. In most states, such an act is grounds for suspension.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
State of Oregon Notary Fee Schedule A notary public shall not charge, attempt to charge, or receive a notary fee that is more than: $10 for taking an acknowledgement. $10 for taking a verification upon a oath or affirmation. $10 for certifying a copy of a document.
Employers cannot, however, restrict you from performing notarial services outside working hours, even if the employer paid for your commission and notary supplies. An employer may not restrict you from taking your notary stamp and journal home. For this reason, employed notaries should never share journals.
