Posted by Jamie Leigh on 4/7/08 5:27pm
Msg #242545

domestic Partnership

has anyone notarized a Domestic Partnership agreement for the state of California? does it require anything special?

Reply by BrendaTx on 4/7/08 6:18pm
Msg #242562

No notary act requires "anything special".

You just follow your rules, notarize the signatures and leave the content of the documents to the lawyers.

A notary act is a notary act. The type of document it is attached to isn't a notary's concern. If you know what's in your notary handbook that's all that matters.

Reply by Dave_CA on 4/7/08 6:45pm
Msg #242566

Unless performed by Cirque du Soleil... n/m

Reply by Sylvia_FL on 4/7/08 6:52pm
Msg #242568

Oh I love the Cirque du Soleil... n/m

Reply by Leon_CO on 4/7/08 6:40pm
Msg #242564

Here is an 'Affidavit of Domestic Partnership' for a city in California.

http://www.oaklandnet.com/cityclerk/pdf/DPFormNotarized.pdf

The form contains the notarial certificate.

This is just one example.

Good luck.

Reply by christiSocal on 4/7/08 9:48pm
Msg #242599

Except

That's not the 2008 verbiage for a Calif Ack anymore.

Reply by christiSocal on 4/7/08 9:53pm
Msg #242600

Bad sentence structure, sorry, I'm tired... n/m

Reply by LKT/CA on 4/7/08 11:02pm
Msg #242605

Wrong type of certificate - jurat required

8202. Execution of jurat; administration of oath or affirmation to affiant; attachment to affidavit
(b) To any affidavit subscribed and sworn to before a notary, there shall be attached a jurat
in the following form: <jurat wording>

I'm understanding this to mean that if the doc is not an affidavit, the signer or originator can choose acknowledgment or jurat. If the doc is an affidavit, the jurat wins.

Notice the rule says there "shall" be....not there "may" be.

Reply by Dave_CA on 4/8/08 9:49am
Msg #242634

Re: poorly written certificate - NO jurat required

There is nothing in the certificate about swearing an oath or affirmation. They are just acknowledging the statements under penalty of perjury.
The ack. language is out of date so a new 2008 compliant certificate would be required but I believe it should be an acknowledgment.
JMOO

Reply by Ernest__CT on 4/8/08 10:15am
Msg #242637

Yes, the Certificate is poorly written.

Instead of "... both of us reside together ..." it should say "... we reside together ...".

It should say "Neither of us IS married"; the subject is not "us", but "Neither".

"We declare under penalty of perjury ..." smells like a jurat. The fact that the form is labeled "Affidavit of Domestic Partnership" encourages jurat-hood.

Why is there only one line for one cell phone number?r When was the last time you saw a couple who had only ONE cell phone?r

If it is supposed to be signed by two people, why are the "person(s)", "name(s)", "is/are", et cetera, constructs used as if it might be one person or two people?r Elsewhere the word "we" is used consistently. In fact, on page 2 it says "... of two persons ...."

California may be different in several respects, but the form should still be written in correct English (or Spanish!), make sense and be internally consistent.

Reply by Dave_CA on 4/8/08 11:05am
Msg #242649

Re: Yes, the Certificate is poorly written.

While I agree with all the grammar comments and that :"We declare under penalty of perjury ..." smells like a jurat. The fact that the form is labeled "Affidavit of Domestic Partnership" encourages jurat-hood."
Absent any reference to being sworn or affirmed I would not change the supplied ack. to a jurat but would just use the CA 2008 language.

California is indeed different in several respects and even here Oakland is "special"

Reply by LKT/CA on 4/8/08 11:55am
Msg #242663

Jurat IS required

<<<There is nothing in the certificate about swearing an oath or affirmation.>>>>

The first sentence of the affidavit says "We, the Undersigned, do DECLARE that:
At the end it says "We DECLARE under penalty of perjury, and under the laws of the State of California that THE STATEMENTS HEREIN ARE TRUE AND CORRECT to the best of our knowledge and belief. THEN they sign their name to this DECLARATION

So what do you mean there is nothing in the certificate about swearing an oath or affirmation? Is this confusing because the "penalty of perjury" statement is part of the Ack certificate wording? That's for the Notary to swear under penalty of perjury that the signer ID was proven basis of satisfactory evidence, etc. That has nothing to do with the signer. When that statement is before the signer's signature, THEY are swearing or affirming the statements above their signature are true and correct, etc.

According to 8202 of the government code, page 25, this affidavit (and all other affidavits) REQUIRE a jurat.

Reply by LKT/CA on 4/8/08 11:58am
Msg #242664

Re: Jurat IS required

Capitalizations are for emphasis only, not shouting. There is no option to make bold, italicize or change colors to the text so we're reduced to using quotations marks, stars or capitalizing.

Reply by Ernest__CT on 4/8/08 12:32pm
Msg #242680

Using underscores for _emphasis_ is an option. n/m

Reply by LKT/CA on 4/8/08 12:48pm
Msg #242689

I'll try that...thanks. n/m