Mar 15, 2016 9:52 PM

A notary public/commissioner of affidavits thread.

I suspect that a number of you are having difficulty getting documents notarized. I know I am.

I recall (hopefully correctly - i can't find the thread) Scott saying something to the effect that a corporation can appoint a notary if it does business between provinces. I haven't had much success figuring out how to get that title recognized, or exactly how I/we would go about establishing a notary public within a corporation. I do have some ideas, but, they are on shaky unsure ground.

I am hoping that within this thread we can clear some, if not all of this up.

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I have been researching (with my chimp brain) to figure some of this out. This was interesting:

"Effective December 31, 2012, the Commissioners and Other Persons Who May Take Affidavits regulation will replace the current statutory designations of commissioners for taking affidavits by virtue of office. Commissioners by virtue of office may take affidavits without applying to the Ministry of the Attorney General for a commissioner appointment."

Hmmm. So if I have a "COMMISSION by VIRTUE of OFFICE, I can "take" affidavits.

That lead me back to Black's Law Dictionary and it's definition of commission. The word reminds me of Scott and his navy and commissioning officers. Here's what Black's Law says about COMMISSION:

commission, n. (l4c) 1. A warrant or authority, from the government or a court, that empowers the person named to execute official acts <the student received his commission to the U.S. Navy after graduation>. 2. The authority under which a person transacts business for another <the client gave her attorney express commission to sign the contract>. 3. A body of persons acting under lawful authority to perform certain public services <the Federal Communications Com�mission>.

#2 above seems like the appropriate path to resolve this affidavit business, but I am still somewhat unsure.

Here's my thoughts so far:

1) My corporation has the AUTHORITY to create an office and to appoint someone to that office.

2) My corporation can grant the AUTHORITY for that person to "take" affidavits.

3) Although a SEAL is not required, it is preferred.

Having said that, i know, from being here that there are no homonyms or synonyms in law and that a commissioner for taking affidavits is not the same as a notary public. Yet, I wonder if they have the same effect, at least for my/our purposes (taking affidavits).