The Affidavit is part of a notarized act of notoriety authorized by a Notary to state and certify a specific fact.
Specifically, the sworn statement is a written or verbal declaration whose truthfulness is guaranteed by an oath before a Notary Public, who makes it a matter of record in a notarial act. This implies that the content of the declaration is taken as true until proven otherwise. It is essential that all facts be presented clearly and concisely.
In Guatemala, sworn statements are used for some dealings with the State or to attest to a fact, for example:
- To be able to participate in a Guatecompras event, an affidavit must be submitted, indicating that the bidder is not a delinquent debtor of the state, the bidder's commitment to the terms of the event in which they are participating, among other things.
- They are also used in procedures with the Ministry of Labor to declare that a foreign person married a Guatemalan person or has a Guatemalan child.
It is important to note that if a person makes a sworn statement with false data or malicious omissions, they may incur perjury, which consists of “declaring the truth before a competent authority and failing to do so maliciously.”
