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A Notary's Guide to Oaths and Affirmations
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- Опубліковано 18 сер 2024
- An oath or affirmation is a solemn declaration with legal consequences that can be made before a Notary. If one of your customers wishes to take an oath or affirmation, this video details the steps to take and helpful hints to assure the act is completed correctly.
What is the difference between an Oath and an Affirmation?
While both oaths and affirmations are notarial acts that compel a person to tell the truth, an oath is a solemn, spoken pledge to God or a Supreme Being, while an affirmation is a spoken pledge made on the signer’s personal honor with no reference to a higher power. Either is considered acceptable, and the choice is left to the signer.
Steps for Completing an Oath or an Affirmation
1. Require the person taking the oath or affirmation to physically appear before you. Unless expressly authorized by law, oaths and affirmations may not be administered remotely.
2. Ask the person for acceptable proof of identification if prescribed by state law.
3. Ask the person to raise their right hand or make another ceremonial gesture before responding, to emphasize the seriousness of the process.
4. Administer the oath or affirmation by asking if the person swears or affirms the truthfulness of their statement. The wording may be formulated as a question or a statement depending on your state. Some states require a question be asked, others a statement be made. Others allow either choice..
5. Require the person taking the oath or affirmation to answers "Yes" or "I do" if the oath or affirmation is a question. If the form is a statement, have the person repeat the oath or affirmation after you. It's important that the signer's response be clearly understood by the Notary.
Tips for Taking an Oath or Affirmation
Never take shortcuts: You must verbally administer the act when the document being notarized requires an oath or affirmation.
Ask, don't advise: If a signer is unclear about the difference between an oath and affirmation, you may describe the process for each, but you cannot legally advise the signer which one to choose.
Honor your signer's choice: Since oaths and affirmations are equally legal and acceptable, the Notary should honor the signer’s choice and use the appropriate wording and gestures.
Record it in your Notary journal: Carefully make note in you journal of every oath and affirmation you administer.
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Great information thank you!🙂
Very helpful. Thanks
Thanks for tuning in!
Hello I'm new here and studying for the test. Does one ask the client to take the oath first before they sign the paperwork? or the other way round. Thanks
Hello Joe. What state are you located in?
@@NationalNotary New York State
Question what is the requirements for New Jersey
Whenever I watch y’all videos y’all never speak about New Jersey
Because they're the "national" notary association
Hello. Our videos cover general notary best practices that can be applied by any notary in all states. More information can be found here: www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations
Hi, it depends in the wording... check with your state's division that governs and issues notary commissions... they may be a book of example notarial certificates for your state. My state provides example notarial certificates by category on the state's website in the notary statutes.
I’m in Texas. Is it required for the signer sign the document or is the notarial statement sufficient?
Hello! By "document," are you referring to the notarial certificate or notarial wording? If so, that part is filled out by the Notary. The notarial certificate does not require a signer's signature. Take a look at our TX Jurat Certificate as an example www.nationalnotary.org/jurat
@@NationalNotary No, I meant the document being notorized. If the document does not have a signature line is it ok just to perform the oath and complete the notarial statement?
Do you have to administer and Oath or Affirmation during every notary you sign?
for jurats yes, for acknowledgments no.
Do only documents that say "I swear or affirm" require an oath?
Hello. In some cases, a client may simply need you to administer an oath or affirmation orally, rather than as part of a jurat, affidavit or other written document. The purpose of administering a verbal oath or affirmation is, again, to compel a client to truthfulness.
An oath is a solemn pledge to a Supreme Being. An affirmation is a solemn pledge on the individual's personal honor. Again, the choice should be made by the signer. More information can be found here: www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations
Here's my interpretation:
The text "I swear or affirm" is a combo certificate where the signer is given to cover either preference on giving an oath (swearing to/before a Supreme Being) or making affirmation (swearing on their honor). In this scenario, the verbal oath is still required if the certificate text read as listed and should be answered "I do" or "I will"
Also: since the text reads, "I swear or affirm" --It indicates that the signer should read the certificate aloud with right hand in their appropriate lifted position.
However, always check with your state's notary division and NNA may be able help with your state specific notary laws on this matter.
How do I know if they need to say one? How do I know which one they need to say?
Hi Jenny. Thank you for your question. In some cases, a client may simply need you to administer an oath or affirmation orally, rather than as part of a jurat, affidavit or other written document. The purpose of administering a verbal oath or affirmation is, again, to compel a client to truthfulness.
An oath is a solemn pledge to a Supreme Being. An affirmation is a solemn pledge on the individual's personal honor. Again, the choice should be made by the signer. More information can be found here: www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations
Hi, it depends in the wording... check with your state's division that governs and issues notary commissions... they may be a book of example notarial certificates for your state. My state provides example notarial certificates by category on the state's website in the notary statutes.