The "signed and sworn before you" line on a notary certificate is typically signed by the person who is being notarized, often referred to as the signer or the affiant. This individual acknowledges their identity and the truthfulness of the document in the presence of the notary public. The notary then completes the certificate by signing and applying their seal, confirming that the notarization took place.
The jurat is a statement at the end of a sworn document, such as an affidavit, in which the notary states the the person making or signing the document did so on a certain day, under oath and before the notary. It usually reads: "Sworn to and subscribed by me this 16th day of May, 2008." Under that statement the notary signs and places the appropriate seals on the document.
A notary uses the words "Subscribed and sworn before me this_____ day of______." All a notary public verifies is that the person personally appeared before them with valid ID, and signed the document in front of the notary. That is all a notary public verifies.
"Subscribed and sworn before me..."
It depends. There are two types of notarial acts - an acknowledgment and an oath. When a notary takes an acknowledgment, the signer of the document appears before the notary and declares that he/she signed the document voluntarily. It does not matter how long ago the person signed it, and it does not need to be signed in the notary's presence. However, the date on the notary's certificate must be the date that the person actually appeared before the notary and the notary signed his name and affixed his seal. When a notary administers an oath on a paper document such as an affidavit, the person must sign in the notary's presence. Therefore, the document must be dated the date that the person appeared before the notary, took the oath and signed the document. A notary can never back-date or post-date a notarial certificate. The day that the signer appears in person before the notary, and the notary affixes his/her seal or stamp, is the date that should go in the notary's certificate. If the document is being acknowledged rather than sworn to, the date the document was executed/signed by the original signer is irrelevant.
Not necessarily. An acknowledgment usually involves a signer personally appearing before a notary and acknowledging that the signature on a document is theirs. However, not all acknowledgments require a written statement to be signed. Simple acknowledgments may involve just the signer's verbal confirmation to the notary.
No! They must actually physically observe the signature being affixed to the document and see identification that the signer is who they say they are. Original ID MUST be presented, no copies. Acceptable ID varies from state to state. If the signer is swearing form should state something like sworn to and subscribed before me--must be signed before notary. If it says acknowledged before me, it can be signed without notary present but signer must say that it was their signature given of free will. In all cases signer MUST appear before notary.
There are two types of documents commonly referred to as "notarized", but which are completely different from one another. The first is a sworn statement, like an affidavit. The person signing is under oath that it is true under penalty of perjury. The notary countersigns with the satement "Sworn to and subscribed before me this __ day of ___. The other is an acknowledged document, like a deed or mortgage. Here the notary countersigns with a "acknowledgement". The exact form is usually spelled out in state statutes; however essentially it says that the person who signed it identified himself/herself to the notary and signed it in the notary's presence. It is not made under oath and is basically just a means of proving that the document was in fact signed by the person signing it.
subscribed and sworn
Any Citizen who resides in Ohio can become a notary. You only have to take the test and be sworn in.
An affidavit is a written sworn statement. It is like spoken testimony in court except that what you are going to say is written down and you sign the end of the statement. Like the statement in court you have to swear to tell the truth to a person legally entitled to take such oaths like a Notary Public. The Notary or whoever is taking the oath must attest on the affidavit (in a statement called the jurat) that the person named did appear before him, did swear that the contents of the affidavit were true and signed it. If you have an affidavit which needs to be sworn, be sure that you personally appear before the Notary, because it won't work if you just send a friend with the document.
sworn and subscribed to me this day _____ of ___ year by_______. by what?
An affiant and a notary are not the same thing. An affiant is the person who signs an affidavit or statement. The notary (often called "notary public") is an official who witnesses the affiant's signature, often by affixing a seal of the state in which the notary is licensed. Note that a notary may not notarize his/her own signature. Therefore, even if an affiant (person who is signing a statement), a separate person who is licensed as a notary must witness and stamp the first affiant's signature. What the notary is notarizing is the person's signature--not the validity of any statement. Is this now clear as mud?