Section 6 says in part "If a notarial act relates to a statement made in or a signature executed on a record"
It doesn't say "a statement made" or "a statement made in a record, during a hearing, during testimony...." It says "made IN or a signature executed on a record". So what's a record?
In Section 2, "DEFINITIONS", it says
'(10 ) “Record” means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.'
So if there is no video recording of the hearing, there certainly is no record. Even if there is video recording, the information in it is made after the notarial act is performed. Traditionally, a verification is considered to be the same thing as an affidavit; first it gets written down, then it gets signed, and then it gets sworn to. When the oath is to speak the truth in the future, that's testimony, not an affidavit or verification. |
