Identifying details
Full legal name, entity type, jurisdiction of formation, and registration number where applicable.
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Affidavit of Existence
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What an Affidavit of Existence Is and when it’s used
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
Use by these groups helps avoid execution errors, supports recordkeeping, and provides a notarized statement that can be relied on across jurisdictions subject to local notarial rules.
Core elements to include in a professional Affidavit of Existence
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
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01Draft the affidavit: Populate identification, existence, and authority language clearly and attach supporting exhibits.
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02Review internal records: Confirm formation documents, good standing, and board minutes support the stated authority.
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03Sign before notary: Affiant signs in the notary’s physical presence or via authorized remote online notarization where permitted.
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04Distribute 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
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Requesting party: Deliver notarized original or certified copy as the requester specifies.
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Title or escrow: Supply notarized affidavit when clearing title or confirming corporate authority at closing.
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Bank or financial institution: Provide notarized document to open or update accounts requiring verified signatory information.
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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
| 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
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
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
| 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
| 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
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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.
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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.
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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.
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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.
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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.
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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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