American Samoa § 31.0320 - Powers and prohibitions.

§ 31.0320. Powers and prohibitions.

(a) A notary who is a United States National is empowered to perform the following notarial acts: (1) acknowledgments; (2) oaths and affirmations; (3) jurats; (4) signature witnessings; (5) copy certifications; (b) A notary who is not a United States National is empowered only to perform the following notarial acts: (1) acknowledgments; (2) signature witnessing; and (3) copy certifications. (c) A notary shall not perform a notarial act if the principal: (1) is not in the notary’s presence at the time of notarization; (2) is not personally known to the notary or identified by the notary through satisfactory evidence; (3) shows a demeanor which causes the notary to have a compelling doubt about whether the principal knows the consequences of the transaction requiring a notarial act; or (4) in the notary’s judgment, is not acting of his or her own free will. (d) A notary may certify the affixation of a signature by mark on a document presented for notarization if: (1) the mark is affixed in the presence of the notary and of 2 witnesses unaffected by the document; (2) both witnesses sign their own names beside the mark; (3) the notary writes below the mark: “Mark affixed by (name of signer of mark) in presence of (names and addresses of witnesses) and undersigned notary under section 31.0320(d) of the Notarial Act of 2007”; and (4) the notary notarizes the signature by mark through an acknowledgment, jurat, or signature witnessing. (e) A notary may sign the name of a person physically unable to sign or make a mark on a document presented for notarization if: (1) the person directs the notary to do so in the presence of 2 witnesses unaffected by the document; (2) the notary signs the person’s name in the presence of the person and the witnesses; (3) both witnesses sign their own names beside the signature; (4) the notary writes below the signature: “Signature affixed by notary in the presence of (names and addresses of person and 2 witnesses) under section 31.0320(e) of the Notarial Act of 2007”; and (5) the notary notarizes the signature through an acknowledgment, jurat, or signature witnessing.