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 The client decides what notary act to get
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jbelmont

California
2855 Posts

Posted - 01/20/2018 :  12:37:05 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
But after the "swear or affirm" the answer is "I do" which does not answer if they are swearing or affirming -- that is if you use correct grammar. That is an OathFirmation which is not a Notary act in any state.

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Lee-AR

Arkansas
570 Posts

Posted - 01/20/2018 :  04:19:59 AM  Show Profile  Reply with Quote
You did ask for our thoughts on this. The client has provided whether they want a Jurat or an Ack. In order to avoid semantics issues with a signer AND comply with the client's desires, the wording we can use is 'swear OR affirm'. Operative word here is OR. One OR the other; not both.

If you don't value your time and experience, nobody else will.
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jbelmont

California
2855 Posts

Posted - 01/19/2018 :  5:24:22 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
The issue is not whether or not the signer gets to choose to swear or affirm... The issue is if the Notary should say, "Do you swear or affirm..." rather than doing one or the other. When you mix the two acts together that is no longer a notary act but a combo kind of like an AckJuratledgment. There is no such thing.

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Lee-AR

Arkansas
570 Posts

Posted - 01/19/2018 :  5:08:11 PM  Show Profile  Reply with Quote
Have to agree with Linda on all counts. Lot of people around these days taking offense at lots of 'words'. "Swear or affirm" covers whichever they won't take offense to so that the signing can move along.

If you don't value your time and experience, nobody else will.
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LindaH

Florida
1729 Posts

Posted - 01/19/2018 :  03:03:56 AM  Show Profile  Reply with Quote
"Swear to" vs "Affirm" is a religious ideological belief/preference. Many people don't wish to "swear to" anything. If they are more comfortable "affirming" to the truth of the statements, our FL laws allow it and it's fine by me.



Linda
http://www.columbiacountynotary.webs.com
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jbelmont

California
2855 Posts

Posted - 01/18/2018 :  9:23:28 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
I have an issue with people who say, "do you swear or affirm that ..." When you get the answer, "I do" was that an Oath, Affirmation or OathFirmation? I prefer to do one or the other, but not both (or boath) as the client gets to decide to do one or the other, but not the combo, even though that's the new thing.

BTW, after they say, "I do," you can say, "I now pronounce you man and document, you may kiss the document." If they ask for a ring, tell them that is only for notarizations of large scrolls of blueprints.

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LindaH

Florida
1729 Posts

Posted - 01/18/2018 :  04:28:38 AM  Show Profile  Reply with Quote
'But, what if the client is not the same person as the signer? The client is the one paying but the signer is the one signing. Who decides what type of Notary act to give? The signer or the one paying? Hmm. Your thoughts?"

The client decides what type of notarial act they want on their particular documents; the signer is the one with the power to object to swearing to a document (which I've had happen).

Issues with this can all easily be averted by simply stating "Do you swear or affirm that the statements contained herein are true and correct to the best of your knowledge and belief?"

JMO

Linda
http://www.columbiacountynotary.webs.com

Edited by - LindaH on 01/18/2018 04:32:19 AM
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jbelmont

California
2855 Posts

Posted - 01/17/2018 :  8:03:09 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
Whenever I ask Notaries to administer an Oath for me, at least half give me an Affirmation instead since so many people are offended by Oaths. But, I am offended that I asked for one thing and was denied that service.

It is the client who decides what type of Notary act they want. The Notary cannot and may not decide for them. So, you can ask, would you like an Oath or an Affirmation? If the person asks for an Oath, then give them an Oath and stop beating around the bush giving them an Affirmation.

But, what if the client is not the same person as the signer? The client is the one paying but the signer is the one signing. Who decides what type of Notary act to give? The signer or the one paying? Hmm. Your thoughts?

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