5.3 Oaths, Affirmations, and Copy Certifications

Oaths, Affirmations, and Copy Certifications

A.R.S. § 41-251(6) includes six act types: acknowledgments, oaths or affirmations, verifications on oath or affirmation (jurats), signature witnessing or attestation, copy certification or attestation, and protests of negotiable instruments. This section concentrates on oaths and copy certification; the four fee categories in AAC R2-12-1102(E) are not an exhaustive list of statutory acts.

Oaths vs. Affirmations

An oath is a solemn spoken vow that calls upon a supreme being ("so help you God"). An affirmation is a secular vow made under penalty of perjury, offered to people whose conscience or religion forbids swearing. The two are legally equivalent: an affirmation is just as binding as an oath, and a false statement under either exposes the declarant to a perjury charge. The choice belongs to the person taking the vow, not to the notary — you should offer the affirmation alternative rather than assume everyone will swear.

Sample Wording

• Oath: "Do you solemnly swear that the testimony you are about to give is the truth, the whole truth, and nothing but the truth, so help you God?"
• Affirmation: "Do you solemnly affirm, under penalty of perjury under the laws of the State of Arizona, that the testimony you are about to give is the truth, the whole truth, and nothing but the truth?"

Standalone Oaths and Affirmations

An oath or affirmation can stand entirely on its own, with no document to sign. The vow is spoken, the notary witnesses it, and the act is recorded. Common standalone uses include:

• Swearing in a witness before testimony
• Administering an oath of office to a public official
• A verbal declaration that a person will faithfully perform a duty

Even though nothing is signed, you must still record a standalone oath/affirmation in your journal: date and time, the act type, the person's name and identification, and the fee.

Copy Certification

A copy certification is a notarial act in which the notary certifies that a photocopy is a true, complete, and accurate reproduction of an original document presented to the notary. Arizona imposes a procedural rule that surprises new notaries: the notary must personally make the photocopy. You cannot let the customer hand you a copy they made and merely stamp it; you also cannot delegate the copying to an assistant. You make the copy, compare it to the original, and certify it.

What May and May Not Be Copy-Certified

The most heavily tested point is the exclusion list. Arizona notaries may copy-certify only documents that are neither a public record nor publicly recordable.

Why the exclusion? Vital records and public records can only be certified by the government agency that issued or holds them — the county recorder, the vital-records office, or the court. Letting a notary certify a copy of a birth certificate would invite fraud and bypass the official custodian. When a customer asks you to certify a copy of a birth or marriage certificate, refuse and direct them to the issuing agency (in Arizona, vital records come from the Department of Health Services).

Four Fee Categories and Journaling

These are maximums — you may charge less or nothing. The fee rule lists these four categories; do not assume it sets a fee for signature witnessing or noting a protest. Record tangible notarial acts in the paper journal, including standalone oaths and copy certifications; authorized RON uses a separate electronic journal.

Worked Example: The Birth Certificate Request

Example: A customer in Mesa hands you a birth certificate and an academic transcript. "Can you certify copies of both so I can apply to a university abroad?"

Birth certificate — REFUSE. A birth certificate is a vital record and a public record. Arizona notaries may not copy-certify it. You explain that only the issuing agency — the Arizona Department of Health Services, Bureau of Vital Records — can provide a certified copy, and you direct the customer there.

Transcript — PROCEED. A transcript is a private document, neither a public record nor publicly recordable, so it qualifies for copy certification.

1. You personally make the photocopy (you do not accept the customer's pre-made copy).
2. You compare the copy to the original, line by line.
3. You complete the copy-certification certificate stating the copy is a true and accurate reproduction of the original presented to you.
4. You sign, seal, and record the act in your journal, charging according to the posted fee schedule, up to $10 for each page certified.

Result: One refusal (birth certificate) and one valid copy certification (transcript) — a classic exam fact pattern.