[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR92.27]

[Page 371-372]
 
                       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

[[Page 372]]

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 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]