[Code of Federal Regulations]

[Title 22, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 22CFR92.10]



[Page 364-365]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents

 

Sec.  92.10  Specific waiver in notarial certificate.



    If the notarizing officer has reason to believe that material 

statements in a document presented for notarization are false, and if no 

basis exists for refusing the notarial service in accordance with Sec.  

92.9, he may consider the advisability of informing the applicant



[[Page 365]]



that he will perform the service only with a specific waiver of 

responsibility included in the notarial certificate. Furthermore, a 

notarizing officer may, in his discretion, add to the specific waiver in 

the notarial certificate a statement of verifiable facts known to him, 

which will reveal the falsity of material in the document. However, 

normally a notarizing officer shall exercise great caution not to limit 

the general privilege of a United States citizen while abroad to execute 

under oath any statement he sees fit to make, including mistaken, 

unnecessary, and even frivolous statements: Provided, That substantial 

and compelling reasons do not exist which impel restraining action on 

the part of the notarizing officer. On the other hand, experience has 

shown the desirability of including, as standard practice, a specific 

waiver of responsibility in all authentications (Sec.  92.38) executed 

in connection with divorce proceedings.



[22 FR 10858, Dec. 27, 1957, as amended at 60 FR 51723, Oct. 3, 1995]