Notarial

Definitions

Notarial Definitions

Acknowledgment: A formal declaration before an authorized official, such as a notary public, by someone who signs a document and confirms that the signature is authentic. Also, the certificate of the officer on such instrument indicating that the document has been so acknowledged.

Affidavit: A voluntary declaration of facts, written down and sworn to or affirmed by the declarant (“affiant”) before a Notary Public or other officer having the authority to administer an oath.

Affirmation: The act of affirming the truth of a document, not an oath. "I solemnly affirm and declare the foregoing to be a true statement...” Note that an affidavit may appear in two forms: a sworn affidavit with oath, or an affirmed affidavit with affirmation. Each has the same legal import.

Jurat: A certification added to an affidavit or document stating when, where and before whom such affidavit was made.

Notary: A Texas Notary Public is a public servant with statewide jurisdiction who is authorized to take acknowledgments, protest instruments permitted by law to be protested (primarily negotiable instruments and bills and notes), administer oaths, take depositions, and certify copies of documents not recordable in the public records.

Oath: A solemn declaration, accompanied by a swearing to God or a revered person or thing, that one’s statement is true or that one will be bound to a promise. The person making the oath implicitly invites punishment if the statement is untrue or the promise is broken.

Protest: A Notary Public’s written statement that, upon presentment for payment or acceptance, a negotiable instrument was neither paid nor accepted.

Verification: A formal declaration by which one swears to or affirms the truth of the statements in a document. Also, the statement of a Notary Public that the person appearing before the notary has been properly identified as being the person purported to be appearing.