5.2 Oaths and Affirmations

Definitions and Legal Effect

Administering oaths and affirmations is one of the four common notarial powers granted to every Colorado notary under RULONA. An oath is a solemn spoken pledge that appeals to a deity or higher power. An affirmation is the secular equivalent — a solemn spoken declaration on one's personal honor, with no religious reference. The two are legally interchangeable: both place the declarant under the penalty of perjury for a false statement.

Colorado treats first-degree perjury as a felony when a person knowingly makes a materially false statement under oath or affirmation in an official proceeding. Because the penalties are identical, a notary must never pressure a signer toward one form or treat an affirmation as weaker. The signer chooses, and the notary respects the choice.

The Verbal Ceremony Is Mandatory

Unlike an acknowledgment, an oath or affirmation is a spoken act. The notary must say the words and the signer must audibly answer ("I do," "I solemnly affirm," or similar). A signature on a jurat certificate does not substitute for the ceremony. If the notary completes a "sworn to" certificate but never voiced the oath, the verification is defective and the document can be challenged in court.

Sample wording

Oath: "Do you solemnly swear that the statements contained in this document are true and correct, so help you God?"

Affirmation: "Do you solemnly affirm, under penalty of perjury under the laws of the State of Colorado, that the statements in this document are true and correct?"

When Oaths and Affirmations Are Used

Step-by-Step Procedure

1. Confirm the signer's identity by personal knowledge or satisfactory evidence.
2. Ask whether the signer prefers to swear (oath) or affirm (affirmation).
3. Administer the chosen ceremony aloud, in the first person to the signer.
4. Wait for an audible affirmative response.
5. Watch the signer sign the document (this verification is a jurat — signing occurs in your presence).
6. Complete the jurat certificate, apply your stamp, sign, and journal the act.

Worked Example

A contractor needs an affidavit of lien notarized. He objects on religious grounds to swearing to God. You offer an affirmation: "Do you solemnly affirm, under penalty of perjury under the laws of Colorado, that the statements in this affidavit are true and correct?" He answers "I do." You watch him sign, complete the "subscribed and sworn to (or affirmed) before me" certificate, stamp, and journal it. The affirmation is fully as binding as an oath would have been.

Oaths of Office vs. Oaths Verifying Documents

Colorado notaries administer two related but distinct kinds of oaths, and the exam sometimes blurs them. The first is the oath verifying a written statement, which is the oath component of a jurat — the declarant swears the contents of an affidavit are true. The second is an oath of office or loyalty oath, a freestanding spoken oath unattached to a document, such as the oath a newly appointed deputy or board member takes. A notary may administer either. In both cases the ceremony is verbal and the declarant must respond aloud, but only the document-verifying oath produces a notarial certificate to be stamped and attached.

A standalone oath of office is still journaled as a notarial act even though there is no certificate fastened to a record.

Why the Distinction Matters in Practice

Because an affirmation carries the identical perjury exposure as an oath, courts and agencies accept either without question. A notary who refuses to offer an affirmation, or who tells a signer that an affirmation is "weaker," risks a complaint to the Secretary of State and possible liability if the signer is harmed. Colorado law also forbids the notary from charging a different fee based on which form is used. The notary's job is administrative and neutral: present the choice, deliver the chosen ceremony in clear words, confirm an audible response, and document it.

Common Traps

• Skipping the spoken ceremony — the top exam answer for "most common jurat mistake."
• Telling a signer an affirmation "won't hold up" — false; it is legally equal.
• Forcing a religious oath on a signer who objects — you must offer the affirmation.
• Charging more for one form than the other — prohibited.
• Confusing the oath (a pledge of truth) with an acknowledgment (a declaration of voluntary signing); only the oath/affirmation carries perjury exposure.