A Notary's guide to oaths and affirmations (2023)

thank you very good

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When notarizing a 4 page document (for example), is it legal to also put your stamp on the back side of all 4 pages (spaced out a little so the stamp is shown a little bit on each page). This then helps to ensure no additional pages have been added, or a page has been removed. When I was st sea I did this to cargo manifests and documents.

Hello. To help ensure we provide you with the correct information for your state, can you please tell us what state you are commissioned in?

This is great information. I am keeping in my file for future reference.

Can I return this course for a refund

Hi Regina. If you have questions regarding a refund for an NNA course or product, please contact our Customer Care team at 1-800-876-6827 or services@nationalnotary.org and they can help you.

Very good information, and very timely. There is a civil litigation case currently ongoing in Seminole County, Florida in which the court declined to rule on judgment due to the fact that the plaintiff did not take, and the notary did not administer, an oath while executing an affidavit central to the case. A very real consequence of not having the oath/affirmation properly administered.

So when you're doing a Jurat, do you have ask the client if they want to take an Oaths or an Affirmations?

Hello Memo. Yes, you should ask the signer if they have a preference between an oath or affirmation and let the signer choose which they prefer.

I just became a Notary in the state of Maryland. Are affirmations and/or oaths only required for Affidavit's?

Hello. No, Notaries in Maryland are also authorized to administer oaths and affirmations for other situations that require a person to make a promise to tell the truth, such as a person giving oral testimony for a deposition.

California- I've been asked to perform an oath on paperwork on a divorce decree from another country. I don't think I can performOaths on alternate paperwork. Do I attach a jurat?

Hello Rebecca. This article has some information that may be helpful to you: https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notarizing-documents-from-other-countries. The signer must tell you what type of notarization they want-if unsure, the signer may need to contact the document's issuing agency for instructions.

It may be simpler to look at this in religious terms. If a person does not believe in god they can use an affirmation instead of swearing to a god they don't believe in. In the practical world that notaries live in, you don't ask if they want an oath or affirmation. If a person objects to swearing an oath administer an affirmation. Just that simple.

Luckily, here in NJ, there is a law that specifically states that the "oath ceremony" that is, the uplifting of the hand and asking the signer to confirm "yes" or "no" isn't necessary to the validity of an oath or affirmation. However, I always like to ask because it gives them a sense of, "This is a serious thing. I should tell the truth here."

Can anyone suggest language for dealing with the "mhmm" response? Do you advise before hand that now you will now administer the oath/affirmation and need a clear verbal answer in response?

I would include the words "Please respond with a verbal yes or no" after asking do you swear or affirm.....

I am a NSA, most of my notorrial acts are with in the context of a loan closing. There are up to 20 different documents within the packet that need to be notarized. When entering the info into my journal is it necessary to note each and every document or is one entry enough for the closing?

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

I love this information from NNA 😎

As usual, this information is very helpful - thank you!

I wrote a blog article on the History of the Oath. The affirmation was created to accommodate Quakers, Mennonites and Moravians, who were religious, but believed that passages in the Bible prohibited taking an oath.In the past, oaths were also taken on sacred objects including stones, weapons, and even bear heads by Siberian hunters. Ancient oaths sometimes included a curse as a penalty for making false statements. See http://abclegaldocs.com/blog-Colorado-Notary/history-of-the-oath-930-ad/

I'm a little confused in the course it says you can not notarize any kind of marriage certificate but doesn't say about an application for a marriage licence

When is an oath or affirmation necessary? Will he paper I'm notarizing say if we need to perform this? Is it only to be done when requested by a customer? I am a notary in Greene County, Missouri. Thank you!

Hello. The Notary cannot choose what kind of notarization is needed-if the signer wishes to take an oath or affirmation, the signer must tell you that is the type of notarization they want. If the signer is unsure, the signer may need to contact the agency that issued the document to ask if an oath or affirmation is required. Please see this article for more information: https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

When completing a Jurat and Oath or Affirmation, do I need two separate journal entries or can I just include everything on the one Journal entry?

Hello. If you are administering the oath or affirmation as part of a jurat notarization, you only need one journal entry.

Here in NJ, the law states that the uplifting of the hand is not required when administering the oath as part of a jurat. The only requirement is that the person who is under oath, knows they are under oath, and that they consent to it (if not in open court) and that they understand that lying while under oath is perjury.

I need a notary at 1pm tomorrow to swear me in over the phone over a contempt of court and modification of alimony. All I need is 40 second s to a minute of your time. Please help me!!!

When recording a Jurat and oath or affirmation in our journal, does the oath or affirmation require its own line entry?

Hello. If the oath or affirmation was administered as part of the jurat process, then no. However, if the oath or affirmation was administered verbally as a separate notarization apart from the jurat, then it would require its own journal entry.

My boyfriend has to participate in a phone hearing out of state and needs a notary to administer an oath. I am a notary, can I administer the oath as his girlfriend?

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Just became a Notary in California... How much is the usual fee if any to administer and Oath or Affirmation?

Hello. The maximum fee you may charge for a jurat, or for administering an oath or affirmation apart from a jurat is $15 per person (GC 8211 [a] and [b]).

Rule No. 1 flew right out the window with the national acceptance of Remote Notarizarions. What that tells me is that if you let that rule dissolve, why even worry about the rest of it.

1. The person taking the oath or affirmation must be physically present before you. Oaths and affirmations may not be administered remotely by phone or email.To answer everyone that wants to be sworn over the phone = CANT swore over the phone , has to be in person .

Where can I go and take the oath in Texas for Notary?

Hello. Upon receipt of their commission from the Secretary of State and before performing any notarial acts, applicants must take the required oath of office before an officer authorized to administer oaths. This may be another Notary, but applicants may not administer their own oaths (GC 406.010[c], [d] and [e]; EI). If you wish another Notary to administer your oath of office, you may wish to contact them in advance to confirm they are performing in-person services during COVID-19 and to ask if they require signers to use PPE such as face masks during the notarization.

This article makes it seem that California must use the questions provided which is a misrepresentation. Quoting from the Secretary of State approved WORKbook, "Although there is no prescribed wording for the oath or affirmation to be administered by a notary public OUTSIDE OF A CIVIL OR CRIMINAL PROCEEDING, an acceptable oath or affirmation would be: [the two questions in the article]" (emphasis added). To quote from the Secretary of State approved HANDbook, "There is no prescribed wording for the oath, but an acceptable oath would be “Do you swear or affrm that the statements in this document are true?” When administering the oath, the signer and notary public traditionally each raise their right hand but this is not a legal requirement."

This article was quite informative

I am in Ohio, What oaths should we be administering for real estate transactions via RON?

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation.The NNA Hotline: 1-888-876-0827Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT)Saturday: 5:00 a.m. – 5:00 p.m. (PT)If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

When filing the notarial oath of office with the county clerk by mail, as is often the only option in these troubled times it is required to have the oath taken by another notary. How should the notarial act be listed in that notary's Journal?

The journal entry for swearing in another Notary is exactly the same for any other document. No special entry procedure is required.

Hi there I'm from Florida state.Why we don't have a State I.D as a Notary.please let me know..thanks

Hello. The state of Florida does not issue identification cards to Notaries Public. It is not usual practice for states to issue Notaries with identification documents upon being commissioned.

What are the requirements for Indiana on if the wording has to be a question or statement? What is an example to be used for the correct wording?

Hello. Pages 54 and 55 of the Indiana Notary Public Guide provide examples of wording for a verification on oath or affirmation in Indiana. You can read the Guide here: https://inbiz.in.gov/Assets/NotaryGuide.pdf

Does Texas allow you to accept id's from Canada and Mexico?

Hello. For most notarizations, Texas requires a signer’s ID to be issued by the U.S. federal government or a state government, and include a photo and signature. However, Texas Notaries may accept a current foreign passport as ID if the notarization involves a deed or other instrument related to a real estate transaction.

To clarify wording in Indiana for my log book-I basically only notarize at work, so the person (co-workers) is/are always in front of me. So if I understand correctly, I do acknowledgements because I am identifying them and making sure they are voluntarily signing the documents. I write ACK in my journal under Kind/Type of Notarization/Certificate space. If the document has wording as in sworn or subscribe this is called a Jurat? What do I write in my journal. I have been writing oath. I understand the affirmation is for someone who does not want to use God to swear on and oath is if they are fine with that.I have my manual, but it is still a little confusing. Any information on this would be great.

Hello. Please see the following article for more information:https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

It would be helpful if you explained that not all oaths and affirmations are given to verify a signer. Some are to give oral testimony. Can you cover that, please?

I am a FL Notary. If I have 10 Jurats in a loan package, is it acceptable to deliver a single oath at the beginning?

No, an oath must be provide for each jurat requested because each notarization is separate.

Is there a need for a jurat oath in the state of Iowa?

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation.The NNA Hotline: 1-888-876-0827Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT)Saturday: 5:00 a.m. – 5:00 p.m. (PT)If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

I am a Florida Notary. Do I need to attach a Jurat certificate to every oath/affirmation?

Hello. You are required to complete the required statutory certificate wording any time you perform a jurat.

I have a person who is needing a document for driving school to be notarized. On the document it is asking for a ID which the signer does not have. Her witness is bringing their own ID. Would the witness ID go on the document ?

Based on what you’ve described, we think it would be best if you contacted our Hotline team by phone and provided them with a more detailed description of the situation.The NNA Hotline: 1-888-876-0827Mon – Fri: 5:00 a.m. – 7:00 p.m. (PT)Saturday: 5:00 a.m. – 5:00 p.m. (PT)If you’re not an NNA Member or Hotline Subscriber, they will provide you with a one-time courtesy call.

I am in Texas. I get so very tired of Signers exclaiming that they have never taken an Oath or Affirmation for any Notarization during a Mortgage transaction when almost 100% of those I have done over the years require at least one or more or the Signer asks if this is a new requirement. How should I respond? On the flip side, I know several Notaries who have personally told me that they do not administer Oaths or Affirmations either they feel weird asking, they don't like the process or the feel a single general oath up front or at the end is sufficient and covers their obligations. How do I encourage them to administer an individual, separate Oath or Affirmation for every document that requires it. I think it makes us all look bad.

New to the RON platform, can oaths / affirmations be administered remotely using the online platforms?

Hello. To help us answer your question, can you please tell us what state you are commissioned in?

Acknowledgement and Jurat forms. I notarize only at libraries where I work. I have never been asked to do either thing described. Sounds like I would need forms to do these. Are the forms available online? If not, now do I get one. Thanks, Fonda

Hello. To help us answer your question, can you please tell us what state you are commissioned in?