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13 Cards in this Set

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A formal declaration before a duly authorized officer by a person who has executed an instrument that such execution is his act and deed.
Requisites of acknowledments
An acknowlegment must not be taken by any officer unless he knows or has satisfactory evidence, that the person making it, is the person described in and who executed such instrument.
The thing to be known is the identity of the person making the acknowlegment with the person described in the instrument and the person who executed the same.
Interest as a disqualification
A Notary Public should not take an acknowledgment to a legal instrument to which the notary is a party of interest.
Fraudulent certificates of acknowledgment
A notary public who knowingly makes a false certificate that a deed or other written instrument was acknowledged by a party thereto is guilty of forgery in the second degree, which is punishable by imprisonment for a term of not exceeding 7 years.
Damages recoverable from notary for false certificate.
Action for damages sustained where notary certified that mortgagor had appeared and acknowleged a mortgage.
A person appointed by the court to manage the estate of a deceased person who left no will.
The person who makes and subscribes his signature to an affidavit.
An affidavit is a signed statement, duly sworn to, by the maker thereof, before a notary public or other officer authorized to administer oaths. The venue, or county wherein the affidavit was sworn to should be accurately stated.
What is the distinction between the taking of an acknowledgment and an affidavit?
In the acknowledgment, the notary public certifies as to the identity and execution of a document.

The affidavit involves the administration of an oath to the affiant.
A solemn declaration made by a person who conscientiously declines taking an oath. It is equivalent to an oath and is just as binding. If a person has religious or conscientious scruples against taking an oath, the notary public should have the person affirm.
State an Affirmation:
"Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?"
Department of State authentication attached to a notarized and county-certified document for possible international use.
To witness an execution of a written instrument, at the request of the person who makes it, and subscribe the same as witness.