5. Read the following definitions of the main notarial acts performed by a common law notary and find answers to the following questions:
1. What is a certificate of acknowledgement?
2. What is the difference between an acknowledgement and a certificate of acknowledgement?
3. What other written statements are performed by a notary public?
instrument документ, що становить правовий акт
jurat засвідчення письмових показань під присягою
oath of office присяга при вступі на посаду
An acknowledgment is a formal oral declaration before an authorized public officer. It is made by a person signing an instrument who states that it was his or her free act and deed.
A certificate of acknowledgment is a written statement signed (and in some jurisdictions, sealed) by the notary or other authorized official that serves to prove that the acknowledgment occurred. The form of the certificate varies from jurisdiction to jurisdiction, but will be similar to the following:
On the ....day of .... in the year...before me, the undersigned, personally appeared ...personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.
A jurat is an official statement written by a notary public that he or she has administered and witnessed an oath or affirmation for an oath of office, or on an affidavit – i.e., that a person has sworn to or affirmed the truth of information contained in a document.
Oathandaffirmationhave the same legal effects. Both legal terms meana solemn promise to tell the truth while giving evidence or when making an affidavit in court. The difference is that an oath is usually appealed to God to witness the truth. Those who object to swearing an oath (because of their religious beliefs) may instead affirm.
Affidavitis a written statement of evidence used as proof in a court of law.
The simplest forms of jurat, oath or affirmation administered by a notary are:
· Jurat: "Sworn to before me this ........ day of ........, 20 ......"
· Oath: "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?"
· Affirmation: "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct?"