How to fill out a Substitute Declaration of a Notarial Act

A Substitute Declaration of a Notarial Act is a crucial document used in situations where a notary public is unable to physically witness a signature or verify a person’s identity during a act. This ensures that the notarial act can still be carried out and provides legal validity to the document. If you find yourself in a situation where a Substitute Declaration of a Notarial Act is required, here is a step-by-step guide on how to fill it out correctly.

Step 1: Obtain the Official Form
Start by obtaining the official form for the Substitute Declaration of a Notarial Act. This form can usually be obtained from your state’s notary public website or from an authorized printing service. Ensure that you are using the latest version of the form to comply with all the necessary legal requirements.

Step 2: Provide the Basic Information
Fill out the basic information section at the top of the form. This includes the date of the declaration, the name of the notary public, the county where the notarial act is to be performed, and the name of the person who will provide the declaration.

Step 3: Describe the Notarial Act
Describe the notarial act that is being substituted. This includes providing details such as the type of document being notarized, whether it is an acknowledgment or an oath/affirmation, and the date of the original notarial act.

Step 4: Explain Why a Substitute Declaration is Required
In this section, explain the reasons why a substitute declaration is necessary. Common reasons include the unavailability of the notary public, the document signatory being physically unable to appear before the notary public due to illness or disability, or the signatory being located at a distant location.

Step 5: Include the Substitute Declaration
The core of the form is the actual substitute declaration. This is where the person making the declaration affirms, under penalties of perjury, that the facts stated in the document are true and correct. The substitute declaration should be clear, concise, and in the proper legal format, adhering to the requirements outlined by your state’s notary laws.

Step 6: Attach Supporting Documents
If required by your state, attach any supporting documents that prove the necessity for a substitute declaration. This may include medical certificates, affidavits, or any other relevant documents that support the reasons stated in the declaration.

Step 7: Sign and Notarize the Form
Both the person making the substitute declaration and the notary public need to sign the form. The person making the declaration should sign in the presence of a notary public, and the notary public should then complete the notarial certificate section of the form.

Step 8: Keep a Copy of the Form
Make sure to keep a copy of the Substitute Declaration of a Notarial Act for your records. This will serve as proof that the substitute declaration was provided, in case it needs to be referenced in the future.

By following these steps, you can accurately fill out a Substitute Declaration of a Notarial Act and ensure that the notarial act is valid and legally binding. Remember to consult your state’s notary public laws and guidelines for any specific requirements or variations in the process.