7 fAM 840
ACKNOWLEDGMENTS AND ATTESTATION OF WITNESS TO
ACKNOWLEDGMENT OF EXECUTION OF AN INSTRUMENT
(CT:CON-804; 04-30-2018)
(Office of Origin: CA/OCS)
7 FAM 841 CERTiFICATE OF ACKNOWLEDGMENT
(CT:CON-771; 01-02-2018)
a. The proper form of a certificate of acknowledgment
depends on the laws of the jurisdiction where the acknowledged document is to
be used and the intended purpose of the document.
b. If the person who requests the certificate of
acknowledgment gives you a specific form of notarial certificate to be used,
you should comply with the request, making such amendments to the form as are
necessary to show the venue and your name, title, and authority.
c. If the requester does not provide a certificate,
use Form DS-1986, Individual Acknowledgment Certificate.
d. If in doubt as to the legality of the certificate of
acknowledgment under the laws of the jurisdiction where the instrument is to be
used, see the Martindale-Hubbell Law Digest volume or consult the State Notary
Public Administrator. If no information is available, you should inform the
acknowledger that the certificate may or may not be admissible in the state
where it is to be used and that he or she may wish to ask an attorney in that
state about the states requirements.
7 FAM 842 CORPORATE ACKNOWLEDGMENTS
(CT:CON-110; 09-13-2005)
Officials of U.S. corporations traveling abroad frequently
desire to execute an instrument in their capacity as corporate officials.
7 FAM 842.1 Language
(CT:CON-110; 09-13-2005)
The notarial certificate presented by the corporate
official to the notarizing officer generally contains clauses such as,
____________, known to me personally and known to be the President of Jones,
Inc., Boise, Idaho. The notarizing officer who executes such a certificate is
attesting not only to the personal identity of the individual but also to the
persons corporate position. It is usually difficult to establish the corporate
identity of the business representative because documents such as business
cards and letterhead can be fraudulent. Therefore, you should not to execute a
preprinted corporate acknowledgment certificate if you cannot attest personally
to the business identity of the requesting party. You frequently can
circumvent the corporate acknowledgment problem by changing the known to me to
be language to read, who acknowledged himself to be the President of
Alliance, Inc..
7 FAM 842.2 Format
(CT:CON-110; 09-13-2005)
Each state of the United States has a different form for
corporate acknowledgments. Requesters should consult legal counsel to confirm
language in the document is appropriate.
7 FAM 842.3 Identification of The
Person Making The Acknowledgment
(CT:CON-110; 09-13-2005)
Some states of the United States only require that a
notary be assured of the personal identity of the corporate representative who
is to sign the instrument. Other states require a notary to verify not only
the corporate representatives personal identity, but also the legal or business
identity. Some of these permit the corporate representatives legal or
business identity to be proved by the oath of a third party, other than the
notarizing officer, who has personal knowledge of the representatives identity
and who accompanies the representative.
7 FAM 842.4 Identification by Third
Party
(CT:CON-110; 09-13-2005)
Where the relevant state permits a third party to verify
the grantors legal or business identity, you may take a an affidavit from the
third party. In such a case, you should change the language of the certificate
of acknowledgment from known to be to proved on oath of John Roberts (see
attached affidavit) to be ....
7 FAM 842.5 Notarizing Officer
Verification of Grantor's Identity
(CT:CON-110; 09-13-2005)
For States that require a notary to attest to the
corporate representatives personal and business identity or when there is no
third person who can swear to this, the notarizing officer must be satisfied of
the representatives legal or business identity before executing the
acknowledgments. You should do your utmost to verify that the representative
is, for example, president of Jones, Inc. There are few foolproof ways of doing
so, as corporate letterhead, business cards, legal papers, even articles of
incorporation, partnership agreements, or letters of guardianship or
administration can easily be forged. Taken together, however, these documents
may have some weight in establishing an individuals legal or business
identity.
7 FAM 842.6 Verification Procedures
(CT:CON-449; 03-25-2013)
If you are not satisfied that the documents presented
establish corporate representative's legal or business identity, the three
recommended ways to verify the legal or business identity are to:
(1) Explain the problem to the corporate
representative and say that you cannot execute the acknowledgment unless you
have solid evidence of his or her status in the corporation. Ask permission to
telephone collect to the corporate office and ask for the name of its
president, vice president, or other officer, as the case may be. According to
the Better Business Bureau, this is the recommended solution for use by U.S. notaries public.
(2) Seek the assistance of the commercial officer who
may have been alerted to the arrival of a U.S. citizen corporate officer. For
confirmation, refer to Standard and Poors or Dun & Bradstreets registers
of corporations, directors, and executives, which should be available in the
posts commercial section.
(3) Consult the Department (CA/OCS/ACS in consultation
with CA/OCS/L (Ask-OCS-L@state.gov).
7 FAM 843 EXECUTION OF SELF-PROVING
WILLS
7 FAM 843.1 Prohibitions Against
Consular Action
(CT:CON-449; 03-25-2013)
a. The role of U.S. Department of State officers in
connection with the execution of wills is limited. 22 CFR 92.81 prohibits
notarizing officers from writing wills or accepting a will for safekeeping.
b. Do Not Witness Wills: Notarizing officers also are
prohibited from witnessing wills or obtaining witnesses for a person desiring
to have a will executed at a Foreign Service post. See 22 CFR 92.81.
Notarizing officers may, however, acknowledge the signatures of testators and
or witnesses to self proving wills, as provided for under the Uniform Probate
Code, Article II, Part 10.
b. International Wills Act: U.S. consular officers and
other notarizing officers cannot execute the certificate under the Uniform
International Wills Act (1977) (Uniform Probate Code, as enacted in the
individual U.S. state (see National Conference of Commissioners on Uniform
State Laws (NCCUSL) NCCUSL A Few Facts About the International Will Act),
because the United States has not, to date, become a party to the Convention
Providing a Uniform Law on the Form of an International Will of October 26,
1973. Address your questions about this to CA/OCS/L at Ask-OCS-L@state.gov.
7 FAM 843.2 Execution of
Self-Proving Wills
(CT:CON-110; 09-13-2005)
a. The testator and all the witnesses (who have already
witnessed the will) appear together before the notarizing officer.
b. You first verify their identities.
c. You then place the testator and witnesses under
oath. The testator executes an affidavit affirming that the document is the
testators last will and that the testator has signed it freely and knowingly.
The witnesses execute affidavits attesting that the testator appeared to be of
sound mind and made the will voluntarily.
d. The testator and the witnesses then acknowledge
their signatures on the will.
e. If it appears to you at any time that the testator
is unable to understand the significance of the affidavit and acknowledgment,
or that the testator is acting under undue influence or duress, you should not
proceed
7 FAM 844 ATTESTATIONS
7 FAM 844.1 Attestation as Alternative
to Acknowledgment
(CT:CON-110; 09-13-2005)
a. Not all states use the acknowledgment procedure to
prove that a document has been properly executed. As an alternative, some
states require that one or more witnesses appear before a consular officer and
attest that the person signing it executed and acknowledged the document in the
presence of the witnesses.
b. A notarizing officer may not act as an attesting
witness to the execution of an instrument in connection with any private party
matter, such as powers of attorney, wills, or contracts. The function of a
witness is to be available to testify in the event a dispute arises at a later
date concerning the circumstances surrounding the execution of a document, and
is not compatible with the function of a notarizing officer. If a document
needs witnessing, the person requesting the notarial service must provide the
witness(es).
c. While either attestations or acknowledgments are
generally required by jurisdictions in the United States, the execution of both
an attestation and an acknowledgment on the same instrument is rarely required.
When a notarizing officer is called upon to administer an oath to an attesting
witness and to take an acknowledgment from the persons signing the instrument,
two separate notarial acts are performed and you should collect two separate
fees.
d. If in doubt as to the legality of the attestation
under the laws of the jurisdiction where the instrument is to be used, see the
Martindale-Hubbell Law Digest volume or consult the State Notary Public
Administrator. If no information is available, you should inform the grantor
and/or witness that the attestation may or may not be admissible in the state
where it is to be used and that the grantor/witness may wish to ask an attorney
in that state about the states requirements.
7 FAM 844.2 Oath by Attesting
Witness
(CT:CON-110; 09-13-2005)
The attesting witness must swear or affirm to knowing the
signer of the instrument and to being present when the document was signed.
Some states may have more specific requirements. Mere acknowledgment by the
witness of having seen the instrument signed by the grantor is not always
sufficient.
7 FAM 845 through 849 Unassigned