Posted by Paul/FL Therefore, when you have a document (usually an affidavit or an instrument containing a set of facts), the signers are swearing to, you must use a jurat certificate. If the document has the words, "duly sworn and deposes","under oath", "affiant", "swears to", etc., you, the notary, are directed by statute, to issue an oath to the signer. The confirmation that the oath was given and accepted by the signer, is the use of the jurat certificate. In the case where the document has a prepared acknowledgment that contradicts the statute, you need to strike out the acknowledgment and attach a loose jurat, or at least modify the existing wording in the certificate to make it a jurat. On my loose jurats, I have the following paragraph: [ ] Loose jurat certificate attached, pursuant to Florida Statutes s. 117.03 Administration of oaths - The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required. Therefore there is no question as to why a jurat was attached instead of using the existing acknowledgment.
Link: PAW Notary Services
on 6/23/2005, 11:00 pm
Message modified by board administrator 6/23/2005, 11:16 pm
Pursuant to Florida Statutes s.117.03 Administration of oaths - The notary public may not take an acknowledgment of execution in lieu of an oath if an oath is required. 
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