2.1 Oaths and Affirmations

2.1 Oaths and Affirmations

A.C.A. §§ 21-14-104 and 21-14-105 authorize Arkansas notaries to swear witnesses and administer oaths. The handbook describes an oath as a formal statement in which the person swears or affirms that statements are true, that testimony will be true, or that duties will be faithfully performed.

Oath and affirmation

An oath and an affirmation serve the same notarial purpose: they place the speaker under a formal obligation to tell the truth or perform a duty faithfully. An oath may use “swear,” while an affirmation uses “affirm.” A person who objects to religious wording can affirm. The notary should not debate the person's beliefs or insist on a religious reference; the important event is an unmistakable, personal commitment.

The notary must administer the verbal ceremony. A signer silently signing a page and the notary adding a stamp does not create an oath. A useful neutral question is, “Do you swear or affirm that the statements in this document are true and complete?” The person must respond affirmatively while appearing before the notary through the form of appearance authorized for the act.

Three common settings

The words in the certificate must match the event. “Subscribed and sworn to before me” reports both signing and an oath. The notary should not use that wording if no oath or affirmation occurred. Conversely, if a receiving party requires sworn facts, an ordinary acknowledgment does not substitute for the oath.

A complete ceremony

1. Confirm that the person is present in the manner allowed for the transaction.
2. Establish identity to the notary's satisfaction.
3. Confirm that the person understands the nature of the document and appears to act voluntarily.
4. Ask the person to swear or affirm to the truth or faithful performance.
5. Receive an audible, unambiguous response.
6. Witness the signature when the certificate reports subscription before the notary.
7. Complete the venue, date, certificate wording, official signature, expiration information, and seal at the time of the act.

Arkansas traditional law does not publish a required hand position, a requirement to raise the right hand, or a single magic sentence. The handbook supplies sample forms, but the tested principle is that the notary actually administers the oath or affirmation and truthfully completes the certificate.

Distinguish the oath from the document

The notary does not certify that every fact in the document is objectively true. The notary certifies that the identified person appeared, made the oath or affirmation, and signed as described. If the notary personally knows a statement is false, the notary must not create a certificate implying a valid truthful ceremony. But the notary is not an investigator charged with proving every underlying assertion.

Likewise, administering an oath does not authorize legal advice. If the person asks what facts to include or whether a statement creates legal liability, pause the transaction and refer the person to the document's preparer or a licensed attorney.

Examples

A witness about to testify may be asked to swear or affirm that the testimony will be the truth. No document signature may be involved, but the notary still must identify the person and conduct the verbal act.

For an affidavit, the affiant appears, is identified, swears or affirms that the written facts are true, and signs in the notary's presence. The notary then completes the sworn certificate. If the affiant has already signed, the current handbook's witness-the-signature approach calls for a fresh signature in the notary's presence rather than pretending the earlier signing was witnessed.

If a witness declines either “swear” or “affirm,” the notary cannot certify that the ceremony occurred. Pause and let the requesting court, agency, or document preparer determine the next lawful step. A nod, assumed consent, or another person's answer cannot replace the witness's own commitment.

Source anchor: Arkansas Secretary of State, Arkansas Notary Public Handbook (rev. 1-2025), “Oaths” and “Affidavits”; A.C.A. §§ 21-14-104 and 21-14-105.