Jurat Flashcards
What is a Jurat?
A jurat is the notarial certificate attached to a document when a person signs a document and swears under oath or affirms that the contents of the document are true and correct.
A document containing statements sworn or affirmed by the signer to be true and correct typically is referred to as an “affidavit” or a “declaration,” and the signer will be said to be “subscribing and swearing (or affirming) to” the contents of the affidavit.
A jurat must be attached to, or located at the end of, all affidavits subscribed and sworn (or affirmed) before the notary public. A notary public cannot attach or complete a jurat if the signer of a document does not swear or affirm to the truth of the contents of the document.
How do you complete a Jurat?
By completing a jurat, the notary public certifies:
• that the signer personally appeared before the notary public on the date indicated and in the county indicated;
• to the identity of the signer by satisfactory evidence;
• that the notary public administered the oath or affirmation; and
• that the signer signed the document in the presence of the notary public.
To perform an oath or affirmation and jurat, a notary public must:
• confirm the identity (by satisfactory evidence) of the person signing and swearing (or affirming) to the affidavit;
• administer an oath or affirmation;
• watch the signer sign the affidavit;
• complete a journal entry for the transaction; and
• complete and attach a jurat to the affidavit or complete the jurat at the end of the affidavit.
What is Proof of Execution?
If a person, (the “principal”), has signed a document but cannot personally appear before a notary public, another person, (the “subscribing witness”), can appear on the principal’s behalf to prove the principal signed (or “executed”) the document.
This method of proving the person who signed a document is the person described as the signer in it is called a “proof of execution by a subscribing witness,” or simply “proof of execution.” A proof of execution proves the identity of the principal, i.e., the person who has signed a document. A principal cannot swear to the truth of the contents of a document by means of a proof of execution.
A proof of execution by a subscribing witness cannot be used in conjunction with:
• any power of attorney;
• quitclaim deed; grant deed (other than a trustee’s deed or deed of reconveyance);
• mortgage;
• deed of trust;
• security agreement;
• any instrument affecting real property; or
• any document requiring a notary public to obtain a thumbprint from the party signing the document in the notary public’s journal.
By completing a proof of execution, the notary public certifies:
• the subscribing witness personally appeared before the notary public on the date indicated and in the county indicated;
• the identity of the subscribing witness was established by the oath or affirmation of a credible witness whom the notary public personally knows and who personally knows the subscribing witness;
• the credible witness presented an identification document satisfying the requirements described in California Civil Code sections 1185(b)(3) and (b)(4); and
• the subscribing witness proved the identity of the principal by stating, under oath or affirmation, (1) the person who signed the document as a party, the principal, is the person described in the document, (2) the subscribing witness personally knows the principal, (3) the subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document and, (4) the subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so.
How to confirm identity of a Credible Witness?
A notary public must personally know the credible witness who is proving the identity of a subscribing witness. Also, the credible witness must personally know the subscribing witness who is proving the identity of a principal signer to a document.
“Personally known” in California is interpreted to mean having an acquaintance with a person that establishes the person’s identity with at least reasonable certainty. An acquaintance substantial enough to establish personal knowledge includes multiple, recent meetings with a person, including meetings during which the person is identified by other people.
A chain of circumstances that would lead a reasonable person to believe an acquaintance is who they say they are forms the basis for personal knowledge.
For example, co-workers have personal knowledge of each other if they meet frequently at their workplace and colleagues and customers have identified them in the presence of others. A person will not likely personally know a social acquaintance whom the person sees infrequently.
Even though the notary public will personally know the credible witness, the notary public must still confirm the identity of the credible witness by examining an identification document described in California Civil Code sections 1185(b)(3) and (b)(4).
Administer the Oaths or Affirmations - After the notary public has established the identity of the credible witness, the notary public must administer an oath or affirmation to the credible witness for the credible witness to establish the identity of the subscribing witness. Under oath or affirmation the credible witness must swear or affirm that each of the following statements is true:
• The individual appearing before the notary public claiming to have subscribed their name to a document as a subscribing witness is the person named as subscribing witness in the document;
• The credible witness personally knows the subscribing witness; and
• The credible witness does not have a financial interest in the document and is not named in the document.
After the credible witness has sworn or affirmed to the identity of the subscribing witness, the subscribing witness must prove the identity of the document signer.
What is a Subscribing Witness?
If a person, (the “principal”), has signed a document but cannot personally appear before a notary public, another person, (the “subscribing witness”), can appear on the principal’s behalf to prove the principal signed (or “executed”) the document. This method of proving the person who signed a document is the person described as the signer in it is called a “proof of execution by a subscribing witness,” or simply “proof of execution.” A proof of execution proves the identity of the principal, i.e., the person who has signed a document. A principal cannot swear to the truth of the contents of a document by means of a proof of execution.
After the notary public has established the identity of the credible witness, the notary public must administer an oath or affirmation to the credible witness for the credible witness to establish the identity of the subscribing witness. Under oath or affirmation the credible witness must swear or affirm that each of the following statements is true:
• The individual appearing before the notary public claiming to have subscribed their name to a document as a subscribing witness is the person named as subscribing witness in the document;
• The credible witness personally knows the subscribing witness; and
• The credible witness does not have a financial interest in the document and is not named in the document.
After the credible witness has sworn or affirmed to the identity of the subscribing witness, the subscribing witness must prove the identity of the document signer. To prove the identity of the document signer or principal, the notary public must administer an oath or affirmation to the subscribing witness. The subscribing witness must swear or affirm that each of the following statements is true:
• The person who signed the document as a party, the principal, is the person described in the document;
• The subscribing witness personally knows the principal;
• The subscribing witness saw the principal sign the document or in the presence of the principal heard the principal acknowledge that the principal signed the document; and
• The subscribing witness was requested by the principal to sign the document as a witness and that the subscribing witness did so.
