Oath vs. Affirmation
When executing a jurat, many notaries fail to ask signers if they prefer to swear or affirm to the truthfulness of the contents within the documents they are signing. The reason is simple: many notaries are not aware that some signers, who have religious convictions against swearing to G-d, may object to do so and prefer making a promise made on one’s own conscience without addressing a Supreme Being.
This is why notary understanding the difference between an oath and affirmation is important. An oath is a declaration made to G-d or a Supreme Being. In contrast, an affirmation is a solemn vow by the signer that has no pledge to a higher power but to the signer’s personal honor. Since both have the same legal effect, it is up to the signer to choose to make an oath or affirmation.
Knowing this enables the notary to take into consideration the personal preferences of the signer. It is also essential to know that oaths and affirmations are legally binding and are equivalent in the eyes of the law. Making a false statement under either one is a criminal offense called perjury.
At the beginning of the notarial act, a notary can ask the signer if he or she wants to swear or affirm to the truthfulness of the document’s content. If the individual does not know the difference, the notary can explain what each is (without getting into the unauthorized practice of law) and let the signer choose which one. Once a choice has been made, it is advisable to ask the signer to raise his or her hand, or to make some other gesture such as putting the hand on the heart, to underscore the importance of the act.
The signer must speak up loudly when swearing or affirming. Nodding one’s head is unacceptable. The notary then completes the jurat, which on paper is a notarial certificate usually located at the bottom of a document.
Like all notarial acts, the notary and signer must take performing oaths and affirmations seriously. Having to make an oral pledge may seem awkward or insignificant, but it is a critical part of the notarial act and is legally binding. Completing a jurat without an oral ceremony invalidates the notarial act. It is also crucial to have the signer sign the document again in your presence if he or she did so before meeting you to perform the jurat. Write an entry in your record book stating you requested a duplicate signature. Please note – an attorney-in-fact cannot take an oath and swear to facts on behalf of a principal signer.
