Notarial Acts Flashcards
“Notarial Act” means an act that a notarial officer of this state is authorized to perform.
The term includes:
1. Taking an Acknowledgement.
2. Administering an Oath or Affirmation.
3. Executing a Jurat.
4. Certifying a Copy.
Taking a “Basic” Acknowledgment
An Acknowledgment is a declaration by a person that he or she has executed an instrument for the purposes stated therein and, if the instrument is executed in a representative capacity, that the person signed the instrument with proper authority and executed it as the act of the person or entity represented and identified therein
NRS 240.003 “In a Representative Capacity” Acknowledgments
- For and on behalf of a corporation, partnership, trust or other entity, as an authorized officer, agent, partner, trustee or other representative.
- As a public officer, personal representative, guardian or other representative, in the capacity recited in the instrument;
- As an attorney-in-fact for a principal.
- In any other capacity as an authorized representative of another.
Example
State of Nevada
County of Clark
This instrument was acknowledged before me on May 1, 2022 by Mary Marmot as CEO of Emerald Bay Trust.
“Credible Witness” Acknowledgments
State of Nevada
Clark of Clark
This instrument was acknowledged before me on September 11, 2022 by Tami Tortoise who personally appeared before me and whose identity I verified upon the oath of Cindy Crow, a credible witness personally known to me and to the person who acknowledged this instrument before me.
Credible Witness..cont
Swears or Affirms that the signer of a document is the person whom he or she claims to be AND is known personally to the signer of the document and the Notary Public.
Satisfactory Evidence for Credible Witness
A Notary Public has satisfactory evidence that a person is the person whose signature is on a document if the person is identified upon the oath or affirmation of a Credible Witness who personally appears before the Notary Public.
Completing a Journal Entry for Credible Witness
If the Notary Public verifies the identification of the person whose signature is being notarized on the basis of a credible witness, the Notary Public will need to both:
- Require the witness to sign the journal in the space provided for the description of the evidence.
- Make a notation in the journal that the witness is a credible witness.
credible witness cont..3
When using a credible witness, a Notary Public who is appointed in our Great State of Nevada shall not willfully notarize the signature of a person unless the person is in the presence of the Notary Public and provides a credible witness (who is known to the Notary Public).
In performing an Oath or Affirmation:
The individual taking the oath or affirmation raises one’s right hand while you, the Notary Public, state the words of the oath or affirmation. The oath taker must then repeat the words back to you and then, the Notary Public can complete the certificate.
In administering an Oath or Affirmation:
The Notary Public shall determine, from personal knowledge or satisfactory evidence, the identity of the person taking the oath or affirmation
Administering an Oath or Affirmation - Credible Witness-
Here we will do an Oath:
Do you, Cindy Crow, solemnly sear that you personally know Tami Tortoise, so help you God?
Administering an Oath or Affirmation -Jurat -
Here we will do an Affirmation:
Do you, Cindy Crow, affirm that the statements in this document are true?
Oath or Affirmation
The state of Nevada has specific wording for completing this act. The Notary Public and the Affidavit will state and record the wording used in the Notarial Certificate
Administering an Oath or Affirmation: If becoming a deputy
State of Nevada
County of __________
Sworn in.
Oath
State of Nevada
County of ________
I, Name of person taking oath of office, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whther domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of Title of Office, on which I am about to enter; so help me God.
Affirmation
State of Nevada
County of _________
I, Name of person taking affirmation of office, do affirm that I will support, protect and defend the constitution and Government of the United States and the Constitution and Government of the State of Nevada against all enemies, whether domestic or foreign, and that I will bear true faith, allegiance and loyalty to the same, any ordinance, resolution or law of any state notwithstanding, and that I will well and faithfully perform all the duties of the office of Title of Office, on which I am about to enter; under the pains and penalties of perjury.
Signature of Person taking affirmation of office.
Signed and affirmed before me on Date by Name of person taking affirmation of office.
Executing a Jurat
- The Notary Public will determine, from personal knowledge or satisfactory evidence, that the affiant, or individual making the sworn statement, is the person named in the document.
- The Notary Public will administer an oath (or affirmation) to the affiant.
The required oath or affirmation is given in one of the following forms.
- Do you solemly swear the statements in this document are true, so help you God?
Do you affirm that the statements in this document are true?
- The affiant will then sign the document in the presence of the Notary Public. * An individual will need to re-sign if they have already signed the statement.
- The Notary Public will then evidence the notarial act by completing a notarial certificate that meets the requiremenst of NSR 240.1655
