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.
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If an individual is completing an Affidavit, then in most cases, the document must be signed in the presence of a solicitor or other person commissioned to receive oaths (eg a notary public or another judicial officer who has administered the oath).
Notaries cannot notarize any documents in which they are a party to or stand to benefit from. The law does not automatically restrict performing services for family members but notaries should exercise caution.
Title 26, Chapter 1 of S.C. Code of Laws defines the duties and acts performed by notaries public in the state of South Carolina. The Secretary of State commissions notaries public for South Carolina and keeps their oaths of office on file.
Requirements to be a Notary in South CarolinaBe at least 18 years old.Be a resident of South Carolina.Be a registered voter in South Carolina.Be able to read and write English.Not be under a court order declaring mental incompetence.Not be serving a term of imprisonment for conviction of a crime.More items...?
Do I Need to Have My Will Notarized? No, in South Carolina, you do not need to notarize your will to make it legal. However, South Carolina allows you to make your will "self-proving" and you'll need to go to a notary if you want to do that.
After the process server serves the papers, he or she must prepare an affidavit that they completed service of process. This affidavit must be notarized. File the affidavit with the Clerk of Court's office where the case is filed.
A notary public shall have a seal of office, which must be affixed to his notarial acts. He shall indicate below his signature the date of expiration of his commission. The absence of the seal of office or date of expiration does not render his notarial acts invalid if his official title is affixed to it.
Please Note: Affidavit should be notarized by Notary only (Code of Civil Procedure, 1908) and same should not be attested either by Chartered Accountant or Company Secretary or Cost Accountant.
An affidavit is a document written statement filed by an affiant as evidence in court. In order to be admissible, affidavits must be notarized by a notary public.
