3.4 Oaths, Affirmations & Other Acts
Key Takeaways
- An oath or affirmation is a vow on penalty of perjury that can stand alone, with no document required
- An affirmation carries the same legal force as an oath but makes no reference to a deity
- Signature witnessing certifies the notary watched the signing — identity required, but no oath
- Copy certification attests a photocopy is accurate, and is limited to documents that are neither public records nor publicly recorded
- Copy certification may NOT be used for vital records (birth/death/marriage), recorded deeds, or court records
Oaths, Affirmations, and Other Notarial Acts
Three remaining acts round out a Utah notary's authority: oaths/affirmations, signature witnessing, and copy certification. Each is narrow, and the exam loves the boundaries — especially what a copy certification may and may not cover.
Oaths and Affirmations
Definition (46-1-2): an oath or affirmation is a notarial act in which the notary certifies that a person made a vow or affirmation, in the notary's presence, on penalty of perjury. Unlike a jurat, no document is required — an oath can be purely verbal.
| Feature | Oath | Affirmation |
|---|---|---|
| Reference to deity | May include ("so help you God") | Never |
| Legal effect | Binding on penalty of perjury | Identical — binding on penalty of perjury |
| Chosen by | Signer's preference | Signer's preference |
Standalone oaths arise when, for example, the notary swears in a witness before a deposition, administers an oath of office, or places a person under oath to give verbal testimony. The notary must ensure the person understands that a false statement exposes them to perjury liability. The notary still confirms the person's identity and journals the act.
Signature Witnessing
Signature witnessing certifies that a signer, whose identity is verified, signed a document in the notary's presence. There is no oath and the notary makes no statement about the truth of the contents — only that the signing occurred.
| Act | Oath? | Pre-signing? | What is certified |
|---|---|---|---|
| Acknowledgment | No | Allowed | Voluntary signing |
| Jurat | Yes | Not allowed | Sworn truth of contents |
| Signature witnessing | No | Not allowed | Signing was observed |
The practical use is a document that needs proof the right person signed it live, but no sworn statement — for example, certain banking or transfer forms.
Copy Certification
Definition (46-1-2): a notarial act certifying that a photocopy is an accurate copy of a document that is neither a public record nor publicly recorded. The notary compares the copy to the original and attests they match.
What CAN be certified
- Diplomas, transcripts, and academic certificates
- Privately held contracts, corporate minutes, and bylaws
- A signer's passport or driver license (a copy, not the vital record behind it)
What CANNOT be certified
| Document | Why prohibited |
|---|---|
| Birth / death / marriage certificate | Vital record — only the issuing agency may certify |
| Recorded deed or trust deed | Publicly recorded |
| Court order, judgment, decree | Public/court record |
| Divorce decree | Court record |
Trap: A signer asks you to certify a copy of their birth certificate for an embassy. You must decline — vital records are certified only by the issuing vital-records office, never by a notary. Steer them to the Utah Office of Vital Records and Statistics.
Procedure
- Signer presents the original non-public document.
- The notary makes or reviews the photocopy.
- The notary compares the copy page-by-page to the original.
- The notary completes the copy-certification certificate, affixes seal/signature, journals it, and returns the original.
Fee Summary (Utah Code 46-1-12)
| Act | Maximum in-person fee | Remote (RON) cap |
|---|---|---|
| Acknowledgment | $10 per signature | $25 |
| Jurat | $10 per signature | $25 |
| Oath/affirmation (no signature) | $10 per person | $25 |
| Signature witnessing | $10 per signature | $25 |
| Copy certification | $10 per page certified | $25 |
Distinguishing the Three Witnessed Acts
Students routinely confuse signature witnessing, jurats, and acknowledgments because all three can involve a person signing in front of the notary. The fastest way to separate them is to ask two questions: Is there an oath? and Could the document have been pre-signed? A jurat answers yes-oath and no-pre-signing. Signature witnessing answers no-oath and no-pre-signing. An acknowledgment answers no-oath and yes-pre-signing. Only the jurat makes any claim about the truth of the contents; the other two say nothing about whether the document is accurate.
Copy Certification Limits in Practice
The "neither a public record nor publicly recorded" rule exists because public agencies maintain official certified-copy procedures of their own, and allowing notaries to duplicate them would undermine the chain of authenticity. When a requester insists, the correct script is: "I can't certify a copy of a vital or recorded record, but the issuing office can provide a certified copy." If the underlying document is a private record, the notary must work from the original in hand — certifying a copy of a copy is not permitted, because the notary cannot vouch that an intermediate copy was faithful.
Standalone Oath Scenarios
| Situation | Act |
|---|---|
| Swearing a witness before recorded testimony | Oath/affirmation (no document) |
| Administering an oath of office to an appointee | Oath/affirmation |
| Affidavit that must be sworn and signed | Jurat |
| Form needing live proof of signing, no oath | Signature witnessing |
For a standalone oath, there is no certificate attached to a document; the notary still records the person's name, date, identity method, and the fact that an oath was administered in the journal.
On the Exam
- Oath vs. affirmation: same legal effect; affirmation never mentions a deity.
- Two questions separate witnessed acts: oath? and pre-signing allowed?
- Signature witnessing: witnessed signing, no oath, no statement on contents.
- Copy certification: non-public, non-recorded only — never birth/death/marriage certificates, recorded deeds, or court records; work from the original, not a copy of a copy.
What is the primary difference between an oath and an affirmation?
A client asks a Utah notary to certify a photocopy of which document. Which one MAY the notary certify?
In a signature witnessing, what exactly does the notary certify?