Key Takeaways
- Oaths invoke a deity; affirmations are secular alternatives
- Both have the same legal effect and consequences for perjury
- The person must verbally respond "I do" or equivalent
- Oaths/affirmations are required for verifications on oath
- The notary must use appropriate verbal ceremony
Administering Oaths and Affirmations
Administering oaths and affirmations is one of the six notarial acts under RULONA. Understanding the difference and proper administration is essential for exam success.
Oath vs. Affirmation
| Feature | Oath | Affirmation |
|---|---|---|
| Reference to deity | Yes ("So help you God") | No |
| Legal effect | Binding | Same - equally binding |
| Perjury consequence | Applies | Same - applies |
| Who chooses | The person taking it | The person taking it |
| When used | Religious preference | Secular preference or conscience |
Administering an Oath
Standard oath language:
"Do you solemnly swear that [the contents of this document are true / you will tell the truth], so help you God?"
The person must respond: "I do" or equivalent affirmation.
Administering an Affirmation
Standard affirmation language:
"Do you solemnly, sincerely, and truly affirm, under the penalties of perjury, that [the contents of this document are true / you will tell the truth]?"
The person must respond: "I do" or equivalent affirmation.
When Oaths/Affirmations Are Required
| Notarial Act | Oath/Affirmation Required? |
|---|---|
| Acknowledgment | NO |
| Verification on Oath | YES |
| Witnessing Signature | NO |
| Certifying Copy | NO |
| Administering Oath/Affirmation | YES (this IS the act) |
| Credible Witness Identification | YES |
Key Requirements
| Requirement | Explanation |
|---|---|
| Verbal ceremony | Must be spoken aloud |
| Response required | Person must say "I do" or equivalent |
| Person's choice | They choose oath or affirmation |
| Solemnity | Must be serious, not casual |
| Standing/raising hand | Traditional but not required |
Common Mistakes to Avoid
| Mistake | Problem |
|---|---|
| Skipping verbal ceremony | Invalid notarization |
| Not getting verbal response | Oath not properly administered |
| Forcing oath on objector | Violates person's rights |
| Casual/joking manner | Undermines solemnity |
On the Exam
- Oath vs. affirmation: Same legal effect
- Person's choice: They decide which
- Verbal response: Required ("I do")
- Verification on oath: Requires oath/affirmation
- Acknowledgment: No oath required
What is the legal difference between an oath and an affirmation?
A person refuses to take an oath due to religious beliefs. What should the notary do?