Don't Forget The Oath When Notarizing Motor Vehicle Forms
Motor vehicle forms that require notarization usually contain affidavits, which are statements by the customer that the information he or she gives on the form is true and correct. For example, the odometer disclosure statement the seller is required to sign on the back of a certificate of title is an affidavit. To notarize an affidavit properly, including affidavits on motor vehicle forms - you must administer an oath to the customer.
An oath is a solumn declaration, usually accompanied by a swearing to God or a supreme being, that one's statement is true or that one will be bound to a duty. A pledge that is equivalent to an oath - but without reference to God or a supreme being - is called an affirmation. In situations where a pledge or promise is required, persons whose religious beliefs prohibit them from swearing, or persons who have no particular religious beliefs, may make an affirmation.
A person is guilty of perjury if he or she makes a false statement under oath or affirmation, or swears or affirms the truth of a statement previously made when he or she does not believe it to be true. Further, a person is guilty of false swearing if the false statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.
As with all notarial acts, the customer must appear before you and be properly identified. There are no exceptions to the requirement for personal appearance. Also, you must identify your customer using one of the required methods of identification. Never let yourself be coerced or pressured into performing a notarial act for someone you have not properly identified.
The easiest way to administer an oath is in the form of a question. For example, you ask, "Do you, James Robert Green, solemnly swear that the information you provided on this form is true and correct to the best of your knowledge and belief?" You may add the words "so help you God" or not. If the customer has religious objections to the act of swearing, substitute the word "affirm" for "swear" in the oath.
You must be sure that the customer replies positively. Individuals who cannot speak may reply positively in writing or through other gestures. However, you should not administer an oath or affirmation to anyone whose physical or mental disposition shows that they are not taking the act seriously, or that they do not understand the purpose of the act.
An oath is a solumn declaration, usually accompanied by a swearing to God or a supreme being, that one's statement is true or that one will be bound to a duty. A pledge that is equivalent to an oath - but without reference to God or a supreme being - is called an affirmation. In situations where a pledge or promise is required, persons whose religious beliefs prohibit them from swearing, or persons who have no particular religious beliefs, may make an affirmation.
A person is guilty of perjury if he or she makes a false statement under oath or affirmation, or swears or affirms the truth of a statement previously made when he or she does not believe it to be true. Further, a person is guilty of false swearing if the false statement is one which is required by law to be sworn or affirmed before a notary or other person authorized to administer oaths.
As with all notarial acts, the customer must appear before you and be properly identified. There are no exceptions to the requirement for personal appearance. Also, you must identify your customer using one of the required methods of identification. Never let yourself be coerced or pressured into performing a notarial act for someone you have not properly identified.
The easiest way to administer an oath is in the form of a question. For example, you ask, "Do you, James Robert Green, solemnly swear that the information you provided on this form is true and correct to the best of your knowledge and belief?" You may add the words "so help you God" or not. If the customer has religious objections to the act of swearing, substitute the word "affirm" for "swear" in the oath.
You must be sure that the customer replies positively. Individuals who cannot speak may reply positively in writing or through other gestures. However, you should not administer an oath or affirmation to anyone whose physical or mental disposition shows that they are not taking the act seriously, or that they do not understand the purpose of the act.
