Introduction: What is an affidavit and why is it notarized (commissioned)?
An affidavit is a written statement that is sworn or affirmed to be true, and affidavit notarization refers to the process of having the affidavit witnessed and signed by a Notary Public or Commissioner of Oaths. The notary public verifies the identity of the person signing the document, asks the person who is going to sign the affidavit to swear or affirm the contents of the affidavit are true, and then commissions or notarizes the document by affixing the notary seal and signature.
Affidavit notarization includes a few important aspects, such as:
- Verifying the identity of the affiant
- Swearing or affirming the content of the affidavit is true
- Signing the Affidavit or Declaration in the presence of the Notary Public or Commissioner of Oaths
- Affixing an official signature, seal or stamp to the affidavit by the Notary Public
The person making the statement (affiant) must sign the affidavit in the presence of a notary or commissioner of oath. The affiant must ensure they do not sign the affidavit prior to meeting the Notary Public. The notary must also verify the identity of the affiant before notarizing the affidavit, which is either done by checking a government-issued ID (driver’s license, passport, or any other government ID).
The notary will also affix their official seal, signature, or stamp onto the affidavit to indicate that the statement has been notarized.
Affidavits are notarized for a myriad of reasons, such as for use in legal proceedings, immigration, real estate transactions and so on. They may be required by courts or government agencies. It is important to note, making false statements in affidavits is a criminal offence and it may result in serious legal consequences.
Depending on the purpose of your affidavit, the notary public may require additional information or documentation to ensure that the statement is ‘legally sufficient’.
What should an Affidavit include to make Notarization acceptable?
An affidavit needs to include the following before it can be notarized or commissioned:
- The affiant’s name, city, province, and/or country of residence
- A statement that he/she swears or affirms the contents of the affidavit to be true
- Point form facts that are being declared or sworn by the affiant
As mentioned earlier, it is important to keep in mind that making false statements in an affidavit may result in serious legal consequences. Once your affidavit is properly prepared, you may wish to schedule an appointment with our Notary Public in Brampton or Notary Public in Mississauga to have your affidavit commissioned or notarized.
The Elements of an ‘Affidavit of Documents’?
An affidavit of documents is a written statement that lists and describes the documents that are relevant to legal proceedings or a case. It is affirmed to be true by the person providing the affidavit, known as the ‘deponent’.
This ‘type’ of affidavit is used in legal proceedings to establish the authenticity of certain documents-such as contracts, emails, financial records and other types of evidence.
An affidavit of documents includes the following elements:
- The deponent’s name, address and their occupation
- A statement that he/she affirms that the content of the affidavit are true
- A description of the documents being produced, including their date/author/recipient/relevance to the legal proceeding
- A statement that the deponent is the custodian of these documents or has the authority to produce them
- A statement that the documents are true copies of the original documents
- Signature of the deponent, and the date the affidavit was signed
- Signature of the notary public and the date the affidavit was notarized
Note: The affidavit of documents is not a substitute for producing the actual documents, but may be used in court as evidence of the existence of the documents. The notary public verifies the identity of the deponent, ensuring that the statement was made without any duress.
How is an Affidavit notarized?
An affidavit is notarized by a notary public or commissioner of oaths, an official who is authorized by the province to administer oaths, affirmations, and certify the execution of documents.
The steps involved include writing an affidavit, which means including all information (name, date, and statement of the facts you are attesting to), signing the affidavit in front of a notary public, presenting a valid form of identification to the notary public, and affirming that the information is true and valid. After the affidavit is completed, the notary public will stamp and sign it, indicating that it has been ‘notarized’ or ‘commissioned’.
If you need assistance in drafting your affidavit or if you wish to have your affidavit notarized or commissioned, seek the assistance of a legal professional.
As a leading Notary Public and Commissioner of Oaths in Mississauga and Brampton, The Notary Guy consists of a team of professionals dedicated to providing quick, affordable, and reliable notary services. Our experienced notaries will handle your documentation with the utmost care and efficiency, ensuring that your process is seamless and secure. Start your notarization process with us today.