Key Takeaways

  • Oaths and affirmations are legally equivalent
  • Oaths invoke a higher power; affirmations do not
  • The principal must appear in person before the notary
  • Used for affidavits, depositions, and sworn statements
  • False statements under oath can be prosecuted as perjury
Last updated: January 2026

Oaths and Affirmations

Under G.S. 10B-3, oaths and affirmations are legally equivalent notarial acts. The choice between them depends on the principal's preference.

Definitions

Oath

A notarial act in which a notary certifies that at a single time and place:

  • An individual appeared in person before the notary
  • The individual was identified by personal knowledge or satisfactory evidence
  • The individual made a vow in the presence of the notary on penalty of perjury
  • The vow was made with reference to a Supreme Being

Affirmation

A notarial act legally equivalent to an oath in which:

  • An individual appeared in person before the notary
  • The individual was identified by personal knowledge or satisfactory evidence
  • The individual made a vow on penalty of perjury
  • NO reference to a Supreme Being

Key Differences

AspectOathAffirmation
Reference to God/Supreme BeingYesNo
Legal EffectBindingEqually binding
Perjury LiabilityYesYes
Principal's ChoiceReligious preferenceNon-religious preference

Administering an Oath

When administering an oath, the notary may say:

"Do you solemnly swear that the statements in this document are true and correct, so help you God?"

The principal responds: "I do" or "Yes"

Administering an Affirmation

When administering an affirmation, the notary may say:

"Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?"

The principal responds: "I do" or "Yes"

Jurat Certificate

A jurat is the certificate attached to a document when an oath or affirmation is administered. It certifies that the person appeared before the notary and swore or affirmed to the truth of the document's contents.

Standard Jurat Certificate

State of North Carolina
County of ________________

Sworn to (or affirmed) and subscribed before me this ____ day of
____________, 20___.

________________________
Notary Public
My Commission Expires: ____________

Common Uses of Oaths/Affirmations

Document TypePurpose
AffidavitsSworn written statements
DepositionsSworn testimony outside court
Verified PleadingsSworn court documents
Financial StatementsSworn accuracy of finances
Immigration FormsSworn applications

Important Requirements

RequirementDetail
Personal AppearancePrincipal must be physically present
IdentificationPersonal knowledge or satisfactory evidence
Verbal ResponsePrincipal must respond to oath/affirmation
Document SigningPrincipal signs in notary's presence (for jurat)

Key Points for the Exam

  • Oaths: Reference a Supreme Being
  • Affirmations: No religious reference, equally binding
  • Jurat: Certificate for sworn/affirmed documents
  • Perjury: False statements are criminal offense
  • Principal's choice: Notary must offer either oath or affirmation
Test Your Knowledge

What is the primary difference between an oath and an affirmation?

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Test Your Knowledge

What type of notarial certificate is used when a person swears to the truth of a document?

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D