2.4 Administering Oaths and Affirmations

Oath Versus Affirmation

Administering an oath or affirmation is one of the six notarial acts, and it is also a component of taking a verification on oath or affirmation. An oath is a solemn pledge that appeals to a supreme being ("so help you God"). An affirmation is the secular equivalent: an identical pledge made without any reference to a deity, for individuals who prefer not to swear for religious or conscience reasons. Pennsylvania law treats an affirmation as fully interchangeable with an oath.

The core exam point: there is no legal difference in weight between them. A notary must never pressure a person to swear; offering an affirmation is the correct accommodation.

Administering the Ceremony

An oath or affirmation is a real step, not an empty formality. Pennsylvania lets it be given orally or in writing (4 Pa. Code § 167.62(a)); if it is in writing, the person must personally appear before the notary when signing it. The notary first establishes identity from personal knowledge or satisfactory evidence, then requires the person to swear or affirm that the statements are true. For an oral oath that means a clear answer — usually "I do"; a nod or silence is not an oath.

Sample oath:

"Do you solemnly swear that the statements in this document are true, so help you God?"

Sample affirmation:

"Do you solemnly, sincerely, and truly declare and affirm that the statements in this document are true, under the penalties of perjury?"

Skipping the oath or affirmation, or failing to get the person's clear assent, means no valid oath was administered.

Perjury and the Verification on Oath

The legal force of an oath or affirmation comes from the penalty for falsehood. A verification on oath or affirmation is a voluntary, sworn written statement — an affidavit — in which an individual declares, on oath or affirmation before the notary, that a statement in a record is true. The affiant must sign in the notary's presence, and the notary then completes a jurat reading "Signed and sworn to (or affirmed) before me."

A person who makes a false sworn statement is exposed to criminal liability. Pennsylvania's 18 Pa.C.S. § 4904 (unsworn falsification to authorities) and the perjury statutes attach the same consequences whether the person swore an oath or made an affirmation. This is why the notary's job is procedural: confirm identity, administer the oath or affirmation, witness the signature, and complete the certificate — never to judge whether the contents are actually true.

A classic trap distinguishes an acknowledgment from a verification on oath. An acknowledgment merely confirms the signature is the signer's own and requires no oath. A verification (jurat) requires the oath or affirmation and signing in the notary's presence.

When an Oath or Affirmation Is Required

Not every notarization involves an oath. Knowing which acts require one prevents both over-swearing and under-swearing.

Common mistakes to avoid: skipping the oath or affirmation, failing to obtain a clear response, pressuring an objector to swear instead of offering an affirmation, or treating the ceremony casually. Each undermines the solemnity that gives a sworn statement its legal weight and can expose the notary to discipline.

Putting the Act Together Step by Step

For a verification on oath or affirmation — the act that most often trips up new notaries — follow a fixed sequence so nothing is skipped:

1. Establish identity from personal knowledge or satisfactory evidence (typically a current government photo ID).
2. Confirm the act is a sworn statement, not an acknowledgment, by reading the document's certificate language.
3. Administer the oath or affirmation (orally or in writing), letting the affiant choose between swearing and affirming.
4. Obtain the affiant's clear assent (for example, "I do") — without it, the act is not complete.
5. Watch the affiant sign the statement in your presence.
6. Complete the jurat with venue, date, and name, then sign and seal.

The notary's role is purely procedural: the notary does not vouch for the truth of the statement and does not read or approve its contents for accuracy. That responsibility falls on the affiant, who bears the perjury risk. A notary who properly administers the ceremony but later learns the statement was false has done nothing wrong, provided the notary had no knowledge of the falsity at the time.

Finally, note that a credible witness used to identify a signer must themselves be placed under oath or affirmation before vouching for the signer's identity. This links the oath act back to identity verification: even identity can rest on a sworn statement when documentary ID is unavailable.