1031).

(a) Oath of enlistment (10 USC 501 and

(b) Oath required for appointment of any commissioned or warrant officer grade (10 USC 1031).

(c) Any other oath required by law in connection with enlistment or appointment of any person in any U.S. Armed Force (10 USC 1031).

b. Legal effectiveness. Oaths administered under these authorities are proper and legally effective for the purposes stated.

2503 FEDERAL AUTHORITY TO

PERFORM OTHER NOTARIAL ACTS,
AND THE LEGAL EFFECTIVENESS OF
SUCH ACTS

a. Federal authority. In addition to administering oaths for the purposes described in 2502a above, U.S. Armed Force members listed in 2502a(1) have general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by members of any of the Armed Forces, wherever they may be, by persons serving with, employed by, or accompanying the Armed Forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to the UCMJ outside the United States.

b. Legal effectiveness for Federal purposes. Federal notarial acts performed under this authority are proper and legally effective for matters wholly connected with military administration, and are generally considered to be legally effective for all other Federal purposes.

c. Legal effectiveness for non-Federal purposes. The legal effectiveness of any notarial act generally is dependent on the laws of the jurisdiction in which the instrument is to be used or presented. This jurisdiction determines who may perform notarial acts, and the conditions under which they may be performed. Federal authority contained in Article 136, UCMJ (10 USC 936) for the performance of notarial acts by certain U.S. Armed Force members may or may not be accepted as adequate compliance

with the requirements of the jurisdiction in which the instrument is to be used or presented.

d. Formats. For most Federal purposes the formats for acknowledgments and sworn instruments should be as set forth in Appendix section 25(a) and (b) respectively.

2504 NON-FEDERAL AUTHORITY TO PERFORM NOTARIAL ACTS,

AND THE LEGAL EFFECTIVENESS
OF SUCH ACTS

a. Non-Federal authority. Laws of almost all States, the District of Columbia, and U.S. possessions, territories, and commonwealths authorize certain U.S. Armed Force members to perform one or more of the following notarial acts for U.S. Armed Force members, their dependents, and accompanying civilians:

(1) Administer oaths.

(2) Take affidavits.

(3) Take sworn statements.

(4) Take depositions.

(5) Take acknowledgments.

b. Before exercising notarial authority, U.S. Armed Force members should determine:

(1) The State or States where the instrument is to be used or presented.

(2) Who has authority to perform the particular notarial function (consult the listing in section 2510).

(3) For whom the particular notarial act may be performed under the laws of the jurisdiction or jurisdictions involved (consult the listing in section 2510).

c. Legal effectiveness. This must be tested by the statutory requirements of the State or States in which the instrument is to be used. When a single instrument requiring acknowledgment is to be used in more

than one jurisdiction, the acknowledgment must comply with the laws of every jurisdiction in which it is to be used. Although notarial functions performed by U.S. Armed Force members are valid when authorized by the jurisdiction in which the instru

ment is to be used, it is advisable in the United States to use a locally appointed notary public with seal and when abroad to use a U.S. consul.

2505 Reserved.

2506 INTRODUCTION

This part explains who is authorized to execute notarial acts, for whom, and how they may be accomplished for use in each State, the District of Columbia, and U.S. possessions, territories, and commonwealths. U.S. Armed Force members should use the formats contained in Appendix section 25 to avoid the ineffective execution of legal instruments. When available, a legal assistance officer should be consulted. Any instruction from a civilian attorney who prepares and forwards an instrument for execution should be followed carefully.

2507 GENERAL INSTRUCTIONS FOR

ACKNOWLEDGMENTS AND SWORN
INSTRUMENTS

a. Seal of person executing document. Some State statutes require that instruments conveying real or personal property be executed under seal. Therefore, it is recommended that, immediately preceding the signature of the person selling property or appointing an attorney in fact to do so, there should appear the statement "Witness my hand and seal," or words to that effect. In most jurisdictions, the typing, printing, or writing of the word "(SEAL)" or the symbol "(LS)" after the signature will complete the sealing of the instrument. However, in two States (Maine and New Hampshire), a seal, to be legally effective, must be impressed on the instrument or affixed thereto by adhesive wafer (paper seal) or wax.

b. Witnesses. All instruments which may affect title to real estate must be acknowledged, and since some States also require witnesses, they should also be witnessed by three persons (see Appendix section. 25a). The name, grade or rate, branch of service, Armed Force service number, and permanent home address of each witness should be typed or printed below his signature.

c. By whom acknowledgments or sworn instruments may be taken. The majority of State statutes authorize any commissioned officer with the grade of ensign (or second lieutenant) or higher to take acknowledgments and sworn instruments. Therefore, in the alphabetical listing of States contained in section 2510, the words "commissioned officer" are used to denote officers of the grade of ensign, second lieutenant, or higher. Where these statutes require that the commissioned officer have a higher grade, or where they permit commissioned, non-commissioned, or petty officers of a lower grade or rate, to perform these acts, or where they restrict the authority to officers to perform certain functions, such facts are stated under the alphabetical listing of States in section 2510.

d. When, where, and for whom acknowledgments and sworn instruments may be taken. Non-Federal statutes vary to such an extent that it is necessary to consult the alphabetical listing of States contained in section 2510 to determine when, where, and for whom acknowledgments and sworn instruments may be taken.

e. Seal of officer taking acknowledgments or sworn instruments. Under provisions of article 136, UCMJ (10 USC 936), and of all State statutes, the signature of the officer taking an acknowledgment or sworn instrument is prima facie evidence of his authority, and an impressed or raised seal is not required, but see section 2507 concerning the signature of the person executing the document.

f. Manner of administering oaths and taking acknowledgments. A person taking an acknowledgment or a sworn instrument should take the acknowledgment or administer the oath in person and in the presence of the person whose acknowledgment or oath is being taken. The foregoing is mandatory since both civil and criminal penalties may attach to performing these acts in absentia.