Is notarization always required?

Most third parties require a notarized affidavit for acceptance, especially banks and title companies. Check the requester’s requirements; where RON is permitted, an electronically notarized affidavit may be acceptable.

Can I use an electronic signature?

Yes, under the ESIGN Act (15 U.S.C. ch. 96) and UETA, electronic signatures are valid if intent, consent, attribution, and retention are satisfied. Confirm state notary rules for RON where a notary acknowledgement is required.

What happens if names differ?

If the affiant’s name does not match official records, provide supporting documentation or corrected forms. Mismatched names can lead to rejection or requests for additional proof.

Is attorney review necessary?

Attorney review is not mandatory for routine affidavits but may be advisable when statements could create legal risk or when authority is contested.

How should I store notarized affidavits?

Retain originals in a secure physical location and encrypted electronic copies in an access-controlled record system. Tag records with retention metadata tied to relevant regulatory periods.

Are remote notarizations accepted?

Many states permit RON with identity proofing and audio-video records; a minority restrict or prohibit RON. Confirm the notary rules in the state where notarization is required before relying on remote options.

Electronic Signature
Templates
Legal
Affidavit of Existence

Affidavit of Existence

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

What an Affidavit of Existence Is and when it’s used

An Affidavit of Existence is a sworn written statement used to confirm that an individual, business entity, trust, or other legal party exists and that a named representative or officer is authorized to act on its behalf. It is typically signed under oath before a notary public and becomes a formal record for banks, title companies, government agencies, or third parties that require proof of current status or authorized signatory. The affidavit can be limited to identity and authority or expanded to list formation dates, registration numbers, and related documentary evidence.

Why a clear Affidavit of Existence matters

A precise affidavit reduces delays, supports due diligence, and provides a notarized legal record that third parties can rely on when confirming authority, opening accounts, or completing real estate and contract transactions.

Who commonly prepares and requests an Affidavit of Existence

Typical requesters and preparers include corporate officers, in-house counsel, title companies, banks, contracting parties, and government units that need formal proof of existence or authority.

Title companies verifying entity existence before closing
Banks and financial institutions opening accounts or verifying signatory authority
Corporate officers or registered agents providing proof for countersignatures or filings

Core elements to include in a professional Affidavit of Existence

A reliable affidavit contains clear identification, a statement of existence, authority language, references to formation or registration records, notarization details, and any attachments that substantiate the claims. Each element should be concise and unambiguous so third parties can verify the facts quickly.

Identifying details

Full legal name, entity type, jurisdiction of formation, and registration number where applicable.

Existence statement

A dated, sworn declaration that the entity currently exists under law and is in good standing, if applicable.

Authority clause

Language stating the affiant’s role and authority to represent or bind the entity.

Supporting exhibits

Attach formation documents, certificates of good standing, or meeting minutes when required.

Notarial block

Notary acknowledgement with signature, commission number, and notarization date.

Signature and date

Affiant signs and dates; include printed name and title beneath signature.

Step-by-step: completing and notarizing the affidavit

Follow these sequential steps to prepare a complete and notarized affidavit that third parties can accept without additional clarification.

01

Draft the affidavit: Populate identification, existence, and authority language clearly and attach supporting exhibits.
02

Review internal records: Confirm formation documents, good standing, and board minutes support the stated authority.
03

Sign before notary: Affiant signs in the notary’s physical presence or via authorized remote online notarization where permitted.
04

Distribute copies: Provide notarized original or certified copy to requesting parties and retain the record per retention rules.

Where to file or send a completed Affidavit of Existence

Destination depends on the requestor’s needs: some require a notarized original, others accept an electronic notarized copy. Route copies to the requesting party and retain a certified record.

Requesting party: Deliver notarized original or certified copy as the requester specifies.
Title or escrow: Supply notarized affidavit when clearing title or confirming corporate authority at closing.
Bank or financial institution: Provide notarized document to open or update accounts requiring verified signatory information.
Internal records: Store a scanned notarized copy within compliance-controlled systems for retrieval.

Options for electronic completion and notarization

Electronic preparation and e-notarization are available in many jurisdictions; ensure the chosen platform supports required authentication, audit trails, and any remote notarization rules.

Document formats: PDF or Word DOCX supported; signed PDF recommended for audit trail.
Authentication: Email, SMS, or KBA options; stronger identity proofing for notarization.
Audit and storage: Tamper-evident audit trail and encrypted at-rest storage.

Typical online workflow settings for the affidavit

Configure fields and signer steps to match the required sequence and authentication levels before sending for signature and notarization.

Field	Configuration
Signature field	Required for affiant; date bound to signature
Notary block	Reserved for notary acknowledgement; fill after notarization
Attachment field	Include formation documents or good-standing certificates
Authentication	SMS or KBA if RON notarization required

Risks and consequences of an incorrect or improperly notarized affidavit

Invalid proof: Document may be rejected without valid notarization.

Delay in transactions: Closings or account openings may be postponed.

Legal exposure: False statements can trigger perjury or civil liability.

Tax risk: Insufficient records may complicate IRS inquiries.

Authentication failures: Weak signer identity methods may be contested.

Retention gaps: Poor storage may prevent later verification.

Common preparation mistakes to avoid

Using informal or trade names instead of the registered legal name can invalidate reliance on the affidavit.
Failing to attach supporting formation or good-standing documents when requested creates avoidable verification delays.
Signing before notarization or omitting the notary acknowledgement leads to document rejection by banks or title companies.
Relying on weak signer authentication for remote notarization without following state-specific RON rules risks non-acceptance.

Practical tips for accurate, efficient affidavit completion

Adopt standard templates, verify identification, and keep clear records to speed acceptance and reduce follow-up requests.

Use a standard template

Start with a version that includes identity, authority, exhibits, and a dedicated notary block to avoid omissions.

Verify identity

Confirm the affiant’s government ID and, for RON, use approved identity proofing methods per state rules.

Attach evidence

Include formation certificates or good-standing letters to support statements of existence.

Store securely

Keep notarized originals and encrypted electronic copies with a clear retention tag for audits.

Real-world examples of when an Affidavit of Existence is used

Two brief examples illustrate common use cases where a notarized affidavit prevents transactional delays.

Title Closing

A title company requested proof the LLC existed and that the listed manager could sign

The manager provided a notarized affidavit plus formation certificate
The notarized affidavit and exhibit satisfied underwriting requirements and closing proceeded without a board minutes request, preventing a multi-day delay.

Bank Account Opening

A financial institution required confirmation of signatory authority for wire transfer privileges

The officer presented a notarized affidavit with corporate resolution attached
Bank accepted the affidavit and activated account privileges after internal verification, avoiding suspension of services.

How an Affidavit of Existence differs from related documents

Compare similar documents to choose the correct tool: an affidavit is a sworn factual statement, while certificates or corporate resolutions serve different verification purposes.

Document type	Affidavit	Certificate	Corporate Resolution
Primary purpose	sworn statement	status confirmation	authorization record
Notarization typical		sometimes	sometimes
Best when used	third-party reliance	registrar requests	internal approvals
Attachments common	formation docs	formation docs	minutes or resolutions

Representative eSignature platform pricing and key features

Comparative pricing and features for common eSignature providers. Confirm vendor pages for the latest plan details and available notarization or RON integrations.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	7-day free trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Frequently asked questions about Affidavits of Existence

Answers to common questions about form validity, notarization, electronic signing, and storage when creating an Affidavit of Existence.

Need help? Contact support

Is notarization always required?
Most third parties require a notarized affidavit for acceptance, especially banks and title companies. Check the requester’s requirements; where RON is permitted, an electronically notarized affidavit may be acceptable.
Can I use an electronic signature?
Yes, under the ESIGN Act (15 U.S.C. ch. 96) and UETA, electronic signatures are valid if intent, consent, attribution, and retention are satisfied. Confirm state notary rules for RON where a notary acknowledgement is required.
What happens if names differ?
If the affiant’s name does not match official records, provide supporting documentation or corrected forms. Mismatched names can lead to rejection or requests for additional proof.
Is attorney review necessary?
Attorney review is not mandatory for routine affidavits but may be advisable when statements could create legal risk or when authority is contested.
How should I store notarized affidavits?
Retain originals in a secure physical location and encrypted electronic copies in an access-controlled record system. Tag records with retention metadata tied to relevant regulatory periods.
Are remote notarizations accepted?
Many states permit RON with identity proofing and audio-video records; a minority restrict or prohibit RON. Confirm the notary rules in the state where notarization is required before relying on remote options.

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