New York State Notary Practice Exam

What is the term for a clause that certifies a witness has seen an instrument executed?

1. Affirmation clause

2. Affidavit clause

3. Attestation clause

4. Certification clause

The correct answer is: Attestation clause

The correct term for a clause that certifies a witness has seen an instrument executed is indeed the attestation clause. This clause serves a crucial role in the validation of documents, as it establishes that the notary or witness has observed the signing of the document, which adds a layer of authenticity and credibility to the instrument in question. An attestation clause typically follows the signature and affirms that the execution of the document took place in the presence of the witness, who then signs the clause to confirm this fact. This is important in legal contexts where proof of execution by the parties involved is necessary to uphold the validity of the document. The other options refer to different concepts in notarization or legal documentation. For example, an affirmation clause generally involves a declaration that the signer acknowledges the truth of the statements made. An affidavit clause relates to sworn statements made by individuals, often containing facts that are affirmed under oath. A certification clause usually pertains to verifying the authenticity of the document itself but does not specifically relate to the witnessing of the signature.