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Powers & Duties of Notary

A signer quietly drops off a previously signed affidavit and asks the notary to complete the jurat later. No oath is administered and the signer says nothing in the notary’s presence. What is the safer exam answer?

A

The affidavit is valid because the signature already appears on the paper.

B

The affidavit is valid if the notary personally knows the signer.

C

The affidavit is not validly sworn because there was no unequivocal and present act by which the affiant took on the obligation of an oath.

D

The affidavit becomes valid once the county clerk authenticates the notary’s signature.

Correct Answer

C. The affidavit is not validly sworn because there was no unequivocal and present act by which the affiant took on the obligation of an oath.

AI Explanation

Affidavits require a real oath-taking act, not just paper delivery. In the booklet definition of “Affidavit,” silent delivery of a signed affidavit is not enough; there must be an unequivocal and present act before an officer authorized to administer oaths. For contrast, acknowledgments concern identity and execution of a document, not the sworn truth of a statement.

Powers & Duties of Notary Question #490
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