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When the Notary asks: “Do you Swear or Affirm…..”
When the Notary asks: “Do you Swear or Affirm…..”
It’s a part of every notarization that http://kenneth-a-edelstein.com does. It is a legal requirement in New York State for a notary to give the notary oath. And without a positive reply, it’s improper for me to put my notary seal and signature to the document. It is an unfortunate truth that many notaries do not “bother” with this requirement. They seem to rely on the fact that the affiant signed the document. But that is not enough. The code requires that an oath be given and for the affiant to explicitly respond affirmatively. Obviously, this requires direct communication between the signer of the document and the notary. It sounds so simple, direct, and reasonable; but often leads to difficult situations for all involved.
As the notary is required to communicate the oath to the affiant, they must share a common language. The use of an interpreter in not permitted. Nor can a friend “explain” the issue to the person signing the document. Direct notary to affiant communications is required. Fortunately, here in New York City, there are notaries who speak a wide variety of languages. As an interesting aside, this problem does not exist ... more

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