Last updated November 1, 2023
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What is a Certificate of Proof of Execution?
A Certificate of Proof of Execution is a sworn statement by subscribing witnesses of a contract. It verifies two things:
- They were present at the signing of a legal document
- The legal document was properly executed
Typically, documents that require proof of execution will include a section for a notary’s acknowledgment.
However, if your document lacks this specific section, you can attach a Certificate of Proof of Execution to the document to serve the same purpose. In this case, witnesses must sign the certificate in front of a notary public or commissioner of oaths.
A Proof of Execution is also known as:
- Sworn statement of execution
- Notary affirmation
What does it mean to execute a document?
The specific steps for executing a document can vary depending on its type and jurisdiction.
However, most documents are executed when all the parties involved record their signatures. This signifies their intent to enter into a legally binding agreement.
Certain documents may require notarization to be valid. This can include Powers of Attorney and property deeds.
Consult with a lawyer if you need guidance on executing a certain document in your state.
What is a subscribing witness?
A subscribing witness is a person who observes the execution of a document and affixes their signature to the document as evidence of doing so.
The specific requirements for a subscribing witness vary depending on a document’s type and jurisdiction. However, key points to consider are:
- More than one witness may be required.
- Witnesses should be neutral parties (i.e., they should not have a direct interest in the document).
- Witnesses may need to testify in court if the document’s validity is ever challenged.
Read more: Common Questions About Notaries and Witnesses
What happens if a notary does not witness a signature?
It’s a notary public’s job to:
- Verify the identity of someone signing a contract
- Ensure they’re legally and mentally capable of signing
Failing to sign a document in front of a notary would prevent them from doing their job and render the notarization invalid.
As a result, the legal status of the document would likely be in jeopardy as well.
How long is a notarized document valid?
In most cases, a notarized document does not have an expiration date.
Once it’s been properly notarized, it’s considered valid indefinitely—unless there’s a specific legal requirement or expiration date mentioned within the document itself. For example, a Power of Attorney may be set to expire on a certain date or once the principal is incapacitated.
What’s more, third parties such as banks, government authorities, and other institutions may have their own policies regarding notarized documents. As such, it’s crucial to confirm any requirements for your paperwork before submitting it.
