Key Takeaways
- An oath or affirmation is a vow made on penalty of perjury, with or without a signed document
- An affirmation has the same legal effect as an oath but does not reference a deity
- Signature witnessing certifies the notary saw the signing but involves no oath
- Copy certification attests that a photocopy is a true copy of a non-public document
- Copy certification may NOT be used for vital records, public records, or publicly recorded documents
Oaths, Affirmations, and Other Notarial Acts
Beyond acknowledgments and jurats, Utah notaries may perform three additional notarial acts: oaths/affirmations, signature witnessing, and copy certifications.
Oaths and Affirmations
Definition (Utah Code 46-1-2)
"Oath" or "affirmation" means a notarial act in which a notary certifies that a person made a vow or affirmation in the presence of the notary on penalty of perjury.
Key Points
| Element | Oath | Affirmation |
|---|---|---|
| Religious Reference | May include reference to deity | No religious reference |
| Legal Effect | Binding vow on penalty of perjury | Binding vow on penalty of perjury |
| When Used | For those comfortable with religious reference | For those preferring secular option |
Standalone Oaths
Notaries may administer oaths or affirmations without a document being signed. Examples include:
- Swearing in a witness at a deposition
- Administering an oath of office
- Verifying verbal testimony
Important: The person taking the oath must understand they are making a vow on penalty of perjury and that false statements may have legal consequences.
Signature Witnessing
Definition
A signature witnessing is a notarial act in which a notary certifies that a signer, whose identity is verified, has signed a document in the notary's presence.
Key Characteristics
| Element | Requirement |
|---|---|
| Identity Verification | Required |
| Signer's Presence | Required - must sign before notary |
| Oath Required | NO |
| What Notary Certifies | Witnessed the signature being made |
Difference from Other Acts
| Act | Oath | Pre-Signing | What's Certified |
|---|---|---|---|
| Acknowledgment | No | Yes (allowed) | Signer acknowledges signature |
| Jurat | Yes | No (must witness) | Signer swears to truthfulness |
| Signature Witnessing | No | No (must witness) | Notary saw signing occur |
Copy Certification
Definition (Utah Code 46-1-2)
"Copy certification" means a notarial act in which a notary certifies that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded.
What CAN Be Certified
- Personal documents (diplomas, transcripts, contracts)
- Business documents (corporate minutes, articles)
- Immigration documents (when allowed)
- Personal identification documents (passports, driver's licenses)
What CANNOT Be Certified
| Document Type | Reason |
|---|---|
| Birth certificates | Vital records - only issuing agency can certify |
| Death certificates | Vital records |
| Marriage certificates | Vital records |
| Divorce decrees | Court records |
| Recorded deeds | Publicly recorded documents |
| Court orders | Public records |
Copy Certification Process
- Signer presents the original document
- Notary makes or reviews the photocopy
- Notary compares copy to original for accuracy
- Notary completes the copy certification certificate
- Notary returns original to the signer
Notarial Act Fees Summary
| Act | Maximum Fee |
|---|---|
| Acknowledgment | $10 per signature |
| Jurat | $10 per signature |
| Oath or Affirmation (without signature) | $10 per person |
| Signature Witnessing | $10 per signature |
| Copy Certification | $10 per page certified |
On the Exam
- Oath vs. Affirmation: Same legal effect; affirmation is secular alternative
- Signature witnessing: No oath, but must witness signing
- Copy certification: Only for non-public, non-recorded documents
- Cannot certify: Birth certificates, death certificates, court records
What is the primary difference between an oath and an affirmation?
Which of the following documents may a Utah notary certify as a true copy?
In a signature witnessing, what does the notary certify?