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19, 2024
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Definition: “‘Verification on oath or affirmation’ means a declaration, made by an individual on oath or affirmation before a notarial officer, that a statement in a record is true” (MCA 1-5-602[36]).
Requirements
Identity of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and making the verification has the identity claimed….” (MCA 1-5-603[2]).
Signature of Principal: “A notarial officer who takes a verification on oath or affirmation of a statement shall determine that the signature on the statement verified is the signature of the individual and was made knowingly and willingly for the purposes intended” (MCA 1-5-603[2]).
Oath of Principal:/Affirmation: The certificate of notarial act for a verification on oath or affirmation reads, his record was signed and sworn to (or affirmed) before me on _______________ (date) by _______________ (name[s] of individual[s])” (MCA 1-5-610[3]). The notarial officer must witness the principal execute their signature.
“A notary is not responsible for the truthfulness or accuracy of the document, and the person who takes the oath may, in fact, not be telling the truth. As long as you have administered an oath, you have done your job” (NPH).Form of Oath: “Suggested oath (or affirmation) to be administered when performing a jurat notarization: ‘Do you swear (or affirm) that the information contained in this document is true and complete to the best of your knowledge and ability?’” (NPH).
“Certification (Verification) by Document Custodian”: One form of jurat is “certification by a document custodian,” or the certification of a copy of a document by the custodian (owner) of that document. Montana Notaries may only certify a copy of a document when the original is presented by the document’s custodian and the Notary personally makes the copy (website, “Apostilles and Authentication”).
“A customer may bring you a copy of a document and request that it be certified. In this situation, the notary should:
“● Require the customer to certify that the copy is a true and accurate copy of the original and sign the statement of certification
“● Place the customer under oath and perform a jurat notarization of the customer’s signature
“● Complete the journal entry and the notarial certificate” (NPH).
“‘Certification by a document custodian’ should not be used to certify copies of those public records that cannot be certified by a notary public” (NPH).
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Definition: “‘Signature witnessing’ means the notarial act in which a notarial officer witnesses a principal execute a record knowingly and willingly for the purposes intended while appearing before the notarial officer” (MCA 1-5-602[31]).
“Witnessing a signature is exactly that: You watch the signer sign the document. Occasionally someone will bring a document to you that has already been signed, although the preprinted form calls for you to witness the person sign the document. In situations like that, you must have the person sign the document again in your presence. It is not necessary for the signer to cross out the first signature; he or she should just sign again as close to the original signature as possible” (NPH).Requirements
Identity of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record has the identity claimed….” (MCA 1-5-603[3]).
Willing Signature of Principal: “A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the notarial officer and signing the record … has executed the record knowingly and willingly for the purposes intended” (MCA 1-5-603[3]).
Witness Signature: The certificate of notarial act for a signature witnessing reads, “This record was signed before me on _______________ (date) by _______________ (name[s] of individuals[s]) as (title or capacity) of or for (name of party on behalf of whom the record was executed)” (MCA 1-5-610[4]). The notarial officer must witness the principal execute their signature.
Representative Capacity: “A notarial officer who … witnesses a signature of an individual who signs a record in a representative capacity shall determine … from the record, personal knowledge, or presentment of an official record that the individual holds the title or capacity claimed….” (MCA 1-5-603[4][a][ii]).
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