Notary · Types of Notarial Acts

What is an 'affidavit' and what notarial act does it typically require?

A A type of contract requiring acknowledgment
B A written statement of fact made under oath or affirmation — typically requires a jurat, where the affiant swears or affirms the statements are true and signs in the notary's presence
C A criminal complaint
D A type of identification

Why this is the answer

An affidavit is a written statement of fact (the 'affiant' is the person making the statement) signed under oath or affirmation before a notary. Common uses: affidavits of identity, residence, debt, single status, lost stock certificate, military service. The notarial act for an affidavit is a jurat: (1) The affiant appears before the notary; (2) Presents ID; (3) The notary administers an oath or affirmation: 'Do you solemnly swear/affirm that the contents of this affidavit are true to the best of your knowledge?' (4) The affiant answers 'I do' or similar affirmative; (5) The affiant signs the affidavit in the notary's presence; (6) The notary completes the jurat certificate. Oath vs. affirmation: an oath invokes a deity ('so help me God'); an affirmation does not (for those who decline to swear religiously). Both have the same legal effect. False statements in an affidavit constitute perjury — a serious crime — which is why the oath/affirmation is required.

Source: NNA Affidavits

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What is an 'affidavit' and what notarial act does it typically require?

Why this is the answer

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