| This happens all too frequently, from companies that don't have clue about notarial procedures, or the difference between an ack and a jurat, An Affidavit is, by definition, a sworn statement. The notarial certificate is YOUR sole domain, and you are responsible for ensuring that your certificate reflects the notarial act you are performing. The document language is REQUIRING that the signer be administered an oath/affirmation; so you should do so, then replace the incorrect ack certificate with your own state-compliant jurat certificate, that shows you gave the required oath. In my state, failure to administer the oath/affirmation can result in loss of commission for 3 years, a fine and even imprisonment. It's their call what type of notarization they want, except in this case when the document itself is requiring an oath be given; so you have to provide the proper jurat certificate. You can't put a signer under oath with an acknowledgement certificate. |
