[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: 22CFR92.27]



[Page 367-368]

 

                       TITLE 22--FOREIGN RELATIONS

 

                     CHAPTER I--DEPARTMENT OF STATE

 

PART 92_NOTARIAL AND RELATED SERVICES--Table of Contents

 

Sec.  92.27  Affiant's allegations in affidavit.



    (a) Substance of allegations. Although a notarizing officer is 

generally not responsible for the correctness of the form of an 

affidavit or the manner in which the allegations therein are set forth 

(see Sec.  92.11(a) regarding the preparation of legal documents by 

attorneys; Sec.  92.11(b) regarding the preparation of legal documents 

by notarizing officers; and Sec.  92.24 regarding the form of an 

affidavit), he may, in appropriate instances, draw the affiant's 

attention to the following generally accepted criteria as regards the 

substance of the allegations:

    (1) Material facts within the personal knowledge of the affiant 

should be alleged directly and positively. Facts are not to be inferred 

where the affiant has it in his power to state them positively and 

fully.

    (2) If the matters stated in the affiant's affidavit rest upon 

information derived from others rather than on facts within his personal 

knowledge, he should aver that such matters are true to the best of his 

knowledge and belief.

    (3) If the allegations made on information and belief are material, 

the sources of information and grounds of belief should be set out and a 

good reason given why a positive statement could not be made.

    (4) If the conclusions of the affiant are drawn from the contents of 

documents, such contents should be set out or exhibited, so that the 

authority to whom the affidavit is presented may determine whether the 

affiant's deductions are well founded.

    (b) Veracity of allegations. Notarizing officers are not required to 

examine into the truth of the affiant's allegations or to pass upon any 

contentious



[[Page 368]]



questions involved. In many instances the matters referred to in an 

affidavit will be of a technical or special nature beyond the officer's 

general knowledge or experience. However, he may, in certain 

circumstances, refuse to take an affidavit. (See Sec.  92.9 regarding 

the types of situations in which an officer might properly refuse to 

perform a notarial service; also see Sec.  92.10 regarding the waiver 

and other statements which may be included in a notarial certificate 

where evidence exists of falsity in the affiant's declaration.)



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