2.2 Verifications upon Oath or Affirmation (Jurats & Affidavits)

2.2 Jurats, Verifications, and Affidavits

An affidavit is a sworn written statement of facts. The person making it is the affiant. The Arkansas handbook says the affidavit must clearly identify the person who swears or affirms that the statements are true and complete, and the notary witnesses both the affiant's identity and signature.

“Jurat” is the common name for the notarial certificate used for a verification on oath or affirmation. Typical wording is “Subscribed and sworn to before me.” “Subscribed” reports that the person signed before the notary; “sworn” reports that the notary administered the oath or affirmation.

Elements of a jurat ceremony

If any required event does not occur, the notary cannot truthfully sign the jurat. A telephone call, an emailed scan, or an assurance from a coworker does not replace appearance. A previously applied signature should not be represented as “subscribed before” the notary; the current handbook emphasizes witnessing the signature.

Jurat versus acknowledgment

A jurat concerns the truth of a written statement under oath or affirmation. An acknowledgment concerns the signer's declaration that the instrument is the signer's act and was executed for its stated purposes. Arkansas's handbook also directs the notary to witness the signature for an acknowledgment, but the verbal acts remain different.

Do not silently switch certificate types. If a document requires a jurat, adding an acknowledgment does not administer an oath. If no certificate is supplied and the signer does not know what the receiving party requires, the notary may explain the neutral differences but should not make a legal choice for the signer.

Certificate completion

The certificate is the notary's statement. Fill in the venue where the act occurs, the actual date, the affiant's name if the form requests it, and every other blank. Sign using the official signature on file in blue or black ink and place the compliant blue or black seal under or near the signature.

Never sign or seal a blank certificate for later use. Never backdate the certificate to the date printed on the affidavit if the person appears on a later day. The certificate date records the notarial act, even when the document bears a different drafting or effective date.

Scope of the notary's statement

The notary does not guarantee the affiant's statements. For example, if an affiant swears that a vehicle was purchased on a particular date, the notary certifies that the identified affiant made that sworn statement and signed in the required ceremony. The notary does not certify that the purchase actually occurred unless the notary has a separate lawful basis and the certificate asks for that fact.

This limited role is not a license to ignore obvious problems. The notary should refuse if the affiant does not understand the document, appears coerced, cannot communicate directly with the notary in a mutually understood language, or will not swear or affirm. The notary may refuse an act for any reason under A.C.A. § 21-14-107, and should never certify an event that did not happen.

Scenario

An affiant brings a signed statement and asks for a jurat dated yesterday because the filing deadline was yesterday. The proper response is to use today's date and conduct today's oath and signing ceremony. If the form requires a signature made before the notary, the affiant can sign again in the notary's presence if the document permits. The notary cannot make the certificate report yesterday's nonexistent ceremony.

For multiple affiants, each person must appear and complete the required oath and signing. If they appear separately, the certificates should accurately identify who appeared for each act; one certificate should not imply simultaneous appearance that did not occur.

Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “Affidavits” and certificate examples; Act 1047 of 2021 for online verifications.

Make the verbal act unmistakable

A jurat fails if the notary merely watches a signature and assumes the affidavit is sworn. Ask a direct question that binds the affiant to the written statements, such as whether the person swears or affirms that they are true and complete, and receive the affiant's own clear response. The notary should not let a lawyer, relative, or employer answer for the affiant. If the affiant corrects the document before signing, the affiant should make or approve the correction under the document's rules before the oath; the notary does not rewrite the facts. If the affiant refuses the oath, cannot communicate the commitment, or asks the notary to certify an earlier ceremony, stop without signing or sealing. The certificate must memorialize the ceremony that actually occurred in the notary's presence.