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Notary · Types of Notarial Acts

What is required to administer an oath or affirmation as a notarial act?

Correct answer

The signer must be present, identified, and must verbally make an affirmative response (e.g., 'I do' or 'I swear') to the notary's oath/affirmation; the notary then completes the notarial certificate documenting the act

  1. A Just say the word 'oath'
  2. B The signer must be present, identified, and must verbally make an affirmative response (e.g., 'I do' or 'I swear') to the notary's oath/affirmation; the notary then completes the notarial certificate documenting the act
  3. C Written agreement only
  4. D Notary signs alone

Why this is the answer

Administering an oath or affirmation is itself a notarial act (distinct from jurats, which include both an oath and a signed document). Common uses: oaths for testimony at depositions, swearing in officials, oaths required for licensing applications, sworn statements without a written document. Procedure: (1) The person taking the oath appears before the notary; (2) The notary verifies identity; (3) The notary administers the oath using standard language: 'Do you solemnly swear that the statements you are about to make (or testimony you are about to give) are true to the best of your knowledge, so help you God?' For affirmation, omit 'so help you God' and substitute 'affirm' for 'swear'; (4) The person responds affirmatively: 'I do' or 'I swear' or 'I affirm'; (5) The notary completes a notarial certificate documenting the oath/affirmation. The verbal affirmative response is essential — silence is not an oath. The notary makes the choice between oath (religious) and affirmation (secular) available to the person; some people decline to swear for religious reasons. Both have equal legal effect.
Source: NNA Oaths and Affirmations

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