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Filling out an affidavit - does your state req. signer name?
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Filling out an affidavit - does your state req. signer name?
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Posted by SharonMN on 1/24/11 9:15am
Msg #369824

Filling out an affidavit - does your state req. signer name?

Does anyone else find it odd that preprinted jurats almost never include a spot for the signer's (affiant's) name? I always have to print at the end "by Jane A. Doe." Do other states not require the affiant's name to be in the certificate?

Reply by CopperheadVA on 1/24/11 9:50am
Msg #369828

In Virginia, the affiant's name is only required in the notary certificate IF the notary certificate is on a separate page from the signer's signature.

I always print the affiant's name(s) in my certificate, whether on the same page or a separate page.

Reply by Dave_CA on 1/24/11 9:57am
Msg #369831

CA has very specific requirements for Jurats and yes it does include the name.

Reply by Mary Ellen Elmore on 1/24/11 8:30pm
Msg #369953

TN does not. The name is printed in the Aff itself.

Reply by PAW on 1/24/11 10:24am
Msg #369838

Florida does require the signer to be named ...

... in the certificate. BUT, the FL notary manual states, "The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. Absent such specific notation, the law presumes that all signatures were notarized. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific." (F.S. 117.05(4)(e))



Reply by FlaNotary2 on 1/24/11 11:44am
Msg #369848

There is debate amongst Florida notaries as to whether or

not the name is actually required.

The law lists the name of the affiant as one of the elements required in a notarial certificate. But, as Paul stated above, it also states that if this element is left out, it is presumed that all signatures on the document were notarized. A lot of government forms (including our state-wide Oath of Office form http://election.dos.state.fl.us/forms/pdf/dsde56.pdf) do not include the signer's name in the certificate.

My personal opinion is that the name may be omitted if all signatures on the document are being notarized, or if there is only one signature being notarized. However, my circumstances are sometimes different, in that I often have possession of the document - as a paralegal - until I file it with the court... so I *know* that no one will alter it or add any signatures to it. But for general notary work and/or loan signings, I would suggest that the name be added to prevent anyone else from signing the document at a later time.


 
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