Backdating contract english law
Because in the latter situation the Notary was authorized to make the instrument is what gives them the lesser sentence.
Remember, those who lie under oath or affirmation will receive a perjury charge in addition to what they are being convicted of.
- Secretary of State in conjunction with the County Clerk serve as your official process server.
Therefore, if they need to serve you with papers requesting a court appearance for a document you notarized and you no longer reside at the location they have on file, you cannot assert that as a defense as to why you did not show up at court.
Sometimes people elect to file their signatures in other counties so that it makes verification easier.
For example, if most of your notarizations occur in a Suffolk County, but you were originally qualified in Nassau County (your place of residence), an individual seeking a certificate of authentication wouldn't have to go to the Nassau County Clerk's Office to obtain one.
(The attestation clause is the statement at the end of the will wherein the witnesses certify that the document was executed before them (NPLL, Professional Conduct, Restrictions and Violations)or has an affect (such as the transferring, terminating, legal right, interest, obligation or status) of any written instrument which represents a legal document, commercial paper, public record (including those to be filed in or with a public office or servant) or official instrument created by a public office, servant or government.
A notary public who has qualified and filed a certificate of official character in an additional county, must also affix to each notarizing instrument their second official number and County in black ink.[Fact #46]Acts performed by notaries public and commissioners of deeds dealing with official certificate & other acts, shall not be deemed invalid, impaired or defective if they are questioned for defects under the following circumstances: The term conveyance includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of power, although the power be one of revocation only, and an instrument postponing or subordinating a mortgage lien; except a will, a lease for a term not exceeding three years, an executor contract for: postponement or subordination of a mortgage lien, lease less than or equal to three years, executory contract to sell or purchase land and an instrument allowing an agent or attorney to convey real property on behalf of the owner.The custodian makes a photocopy of the original document; makes a written statement about the trueness, correctness and completeness of the copy; signs that statement before a Notary; and takes an oath or affirmation regarding the truth of the statement The first time you are appointed everything goes to the Secretary of State, thereafter your re-appointment will go to the County Clerk where you reside.Both places will always have your commission on file (Checks and Balance System).This is the subsection that tells you this is no longer the case In the absence of the actual document Signer, the Subscribing Witness presents a document before a Notary Public to wit they have previously witnessed the signature of the document signer.Proof must not be taken unless the officer is personally acquainted with such witness, or has satisfactory evidence that he is the same person, who was a subscribing witness to the conveyance. [see Fact #44] Although a subscribing witness is mentioned in this section, it will most likely not be allowed in any transaction that involves real estate.
This is why it is so important to administer the oath or affirmation with an Affidavit form.