1.4 Oaths and Affirmations

Notary Public Certification Exam

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1 Introduction: The Notary Public Profession

What Is a Notary Public? Becoming a Notary Public: Requirements Overview

2 Chapter 1: Notarial Acts — Fundamentals

1.1 Overview of Notarial Acts 1.2 Acknowledgments 1.3 Jurats (Verification on Oath or Affirmation) 1.4 Oaths and Affirmations

3 Chapter 2: Notarial Acts — Advanced Types

2.1 Copy Certifications 2.2 Signature Witnessing 2.3 Protests of Negotiable Instruments 2.4 Depositions and Affidavits

4 Chapter 3: Signer Identification & Verification

3.1 Satisfactory Evidence of Identity 3.2 Handling Name Discrepancies 3.3 Assessing Willingness and Awareness

5 Chapter 4: Journal Keeping & Record Requirements

4.1 Notary Journal Requirements 4.2 Electronic Journals 4.3 Record Retention and Disposal

6 Chapter 5: Notary Seal & Certificate Requirements

5.1 Notary Seal and Stamp Specifications 5.2 Notarial Certificates and Wording

7 Chapter 6: Prohibited Acts & Ethical Obligations

6.1 Unauthorized Practice of Law (UPL) 6.2 Conflicts of Interest and Impartiality 6.3 When and How to Refuse Notarizations

8 Chapter 7: Fees, Bonds & Insurance

7.1 Notary Fee Schedules 7.2 Surety Bonds 7.3 Errors and Omissions (E&O) Insurance

9 Chapter 8: Remote Online Notarization (RON)

8.1 RON Fundamentals and History 8.2 RON Identity Verification Methods 8.3 RON Procedures, Recording, and State Compliance

10 Chapter 9: Special Situations & Accommodations

9.1 Foreign Language Signers 9.2 Signers with Disabilities 9.3 Elderly Signers and Diminished Capacity 9.4 Power of Attorney and Representative Signers

11 Chapter 10: Notary Signing Agent (NSA) Specialty

10.1 What Is a Notary Signing Agent? 10.2 Key Loan Documents

12 Chapter 11: State Variations & Compliance

11.1 Key State Variations Overview 11.2 Apostilles and Authentication 11.3 Commission Changes, Renewal, and Revocation

13 Chapter 12: Liability, Penalties & Best Practices

12.1 Notary Liability and Legal Consequences 12.2 Notary Best Practices Checklist 12.3 Exam Preparation Strategies

1.4 Oaths and Affirmations

Key Takeaways Explain This Topic AI

Oaths and affirmations are spoken pledges of truthfulness that can be standalone notarial acts with no document

An oath invokes a supreme being; an affirmation does not — and they carry identical legal weight

Common standalone uses include swearing in witnesses, jurors, deponents, and public officials

The pledge must be administered verbally and answered verbally — a nod or written statement is not enough

Refusing to offer an affirmation can violate the signer's First Amendment rights
Last updated: June 2026

What Oaths and Affirmations Are

An oath and an affirmation are notarial acts in which a person makes a solemn, spoken pledge to tell the truth. They are the truthfulness step inside every jurat, but they can also be performed standalone — as a complete notarial act with no document attached. The Revised Uniform Law on Notarial Acts lists "administering an oath or affirmation" as its own authorized act for exactly this reason.

Oath

A pledge made with reference to a supreme being or higher power:

"Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"

Affirmation

A pledge of equal solemnity made with no religious reference :

"Do you solemnly affirm, under penalty of perjury, that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

Legal Equivalency and Its Constitutional Basis

Oaths and affirmations carry identical legal weight . This is not a courtesy — it is rooted in the First Amendment , which protects religious freedom, and is reinforced by Article VI of the Constitution, which permits "oath or affirmation" for federal officeholders. No one may be compelled to invoke a deity to give sworn testimony.

Aspect Oath Affirmation
Legal weight Full force of law Full force of law
Religious reference Yes No
Penalty for falsehood Perjury Perjury
Constitutional protection — First Amendment / Article VI
Signer's right to choose Yes Yes

Key principle: a notary must never refuse to administer an affirmation in place of an oath. Doing so risks violating the person's constitutional rights and breaches the notary's duty of impartiality.

Standalone Uses

When there is no document, oaths and affirmations are commonly administered to:

Swear in witnesses at depositions, hearings, or trials
Administer an oath of office to elected or appointed officials
Swear in jurors for grand jury or trial service
Take verbal sworn testimony when nothing is in writing
Place a person under oath in an insurance investigation before a recorded statement
Procedure for a standalone oath or affirmation

The person appears before the notary.

The notary identifies the person (if state law requires it).

The notary administers the oath or affirmation verbally .

The person answers aloud — "I do" or "I swear/affirm."

The notary records the act in the journal where required.

No seal is affixed. Because there is no document to stamp, the journal entry is the official record of a standalone oath. This is a frequent exam trap — there is nothing to seal.

Elements of a Proper Oath or Affirmation

A validly administered pledge has four elements:

Solemnity — delivered seriously and formally, not casually.

Verbal administration — the notary speaks the pledge aloud.

Verbal response — the person answers aloud and affirmatively.

Specificity — the pledge identifies what is being sworn to (the document, the testimony about to be given, the duties of an office).

What is NOT sufficient
A silent nod, thumbs-up, or other gesture
A written statement that the person "agrees to tell the truth"
Stamping a document without ever speaking the oath
A vague "You swear?" without the full, formal wording

The exchange must be a real, two-way verbal act. If a signer cannot speak, state law and accommodation rules (e.g., a sign-language interpreter the signer selects) govern — but the notary may not simply skip the verbal element.

Sample Wording by Situation
For a jurat (truth of a document's contents)

Oath: "Do you solemnly swear that the statements in this document are true and correct, so help you God?" Affirmation: "Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?"

For witness or deposition testimony

Oath: "Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?" Affirmation: "Do you solemnly affirm that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

For an oath of office

Oath: "Do you solemnly swear that you will faithfully discharge the duties of the office of [title], so help you God?" Affirmation: "Do you solemnly affirm that you will faithfully discharge the duties of the office of [title]?"

Oath Inside a Jurat vs. Standalone Oath

Feature Oath inside a jurat Standalone oath/affirmation
Document involved Yes No
Signer signs in your presence Yes Not applicable
Seal affixed Yes (on the certificate) No (journal only)
Typical setting Affidavit, sworn statement Witness, juror, oath of office
Perjury exposure Yes Yes
On the Exam

Remember: oaths and affirmations are legally equal ; the pledge must be spoken and answered aloud ; the signer chooses between oath and affirmation; the right to affirm has a First Amendment basis; the act can be standalone with no document; no seal is used when there is no document (the journal records it); and a false statement under either is perjury .