Notary Public Exam Oaths & Affirmations 2 — Questions and Answers
Question 1: What is the legal effect of making a false statement under oath administered by a notary?
- A civil penalty equal to the notary's fee
- Potential criminal liability for perjury or false swearing (Correct answer)
- The document becomes automatically void
- The notary is held liable for the false statement
Correct answer: Potential criminal liability for perjury or false swearing
Making a knowingly false statement under oath administered by a notary can constitute perjury or false swearing—a criminal offense that can result in fines and imprisonment.
When a notary administers an oath or affirmation and a person swears to information they know to be false, that person may be criminally liable for perjury (if in a judicial proceeding) or false swearing (in other contexts). The notary's act of administering the oath is what elevates the legal significance of the statement.
Question 2: When administering an oath, what is the notary certifying in the jurat certificate?
- That the document's contents are true
- That the signer personally appeared, was identified, and swore or affirmed to the truth of the document's contents (Correct answer)
- That the notary agrees with the statements in the document
- That the signer is legally competent to make the sworn statement
Correct answer: That the signer personally appeared, was identified, and swore or affirmed to the truth of the document's contents
The jurat certificate certifies that the identified signer personally appeared before the notary, signed the document in the notary's presence, and swore or affirmed to the truthfulness of the document's contents.
A jurat certificate certifies the procedural facts of the notarial act: (1) the named individual personally appeared, (2) was identified, (3) signed the document in the notary's presence, and (4) swore or affirmed to the document's truth and accuracy. Critically, the notary is NOT certifying that the contents are actually true—only that the signer swore they are.
Question 3: What is the proper wording for a verbal oath administered by a notary for a jurat?
- I certify that this document is true
- 'Do you solemnly swear that the contents of this document are true and correct, to the best of your knowledge and belief, so help you God?' (or equivalent) (Correct answer)
- 'By signing this document, you acknowledge its truth and accuracy'
- 'I declare the contents of this document to be accurate under penalty of law'
Correct answer: 'Do you solemnly swear that the contents of this document are true and correct, to the best of your knowledge and belief, so help you God?' (or equivalent)
The traditional oath wording asks the signer to solemnly swear to the truth of the document's contents. Notaries must actually administer this oral oath—it cannot be implied or replaced with written language alone.
For a jurat, the notary must verbally administer the oath—it is not sufficient for the signer to simply read the printed oath language on the document and sign. The notary asks the signer to raise their right hand and verbally respond to the oath question. An affirmation version replaces 'so help you God' with 'under penalty of perjury' or similar secular language.
Question 4: What is a 'deposition' and what role does an oath administered by a notary play?
- A legal summary of a notarized document
- Out-of-court sworn testimony by a witness, with the oath typically administered by a notary or other authorized official (Correct answer)
- A type of acknowledgment used in court proceedings
- A written summary of a court hearing notarized for the record
Correct answer: Out-of-court sworn testimony by a witness, with the oath typically administered by a notary or other authorized official
A deposition is out-of-court testimony given under oath by a witness in a legal proceeding. The oath is administered by a notary or court reporter with oath-administering authority before the testimony begins.
A deposition is a form of pre-trial discovery in which a witness provides sworn testimony outside of court. Before the witness testifies, they must take an oath or affirmation administered by a notary public, court reporter, or other authorized official. The oath creates the same legal accountability as in-court testimony—false statements in a deposition can constitute perjury.
Question 5: Can a notary administer an oath to themselves for a document they are a party to?
- Yes, as long as they can objectively verify their own identity
- No, a notary cannot perform any notarial act for themselves or a document in which they have an interest (Correct answer)
- Yes, if another notary is present as a witness
- Only for affirmations, not oaths
Correct answer: No, a notary cannot perform any notarial act for themselves or a document in which they have an interest
A notary cannot perform notarial acts—including administering oaths—for documents in which they have a personal interest or to which they are a party. This is a fundamental conflict of interest.
The requirement of impartiality prohibits a notary from performing any notarial act in a transaction where they are a party or have a personal financial interest. This includes administering an oath to themselves—a clear impossibility from both a practical and legal standpoint. If a notary needs to execute a sworn document, they must appear before another notary who has no interest in the transaction.
Question 6: What is the difference between a 'sworn statement' and an 'unsworn declaration'?
- There is no legal difference between the two
- A sworn statement is made under oath before an authorized official; an unsworn declaration declares truth under penalty of perjury without a formal oath (Correct answer)
- An unsworn declaration has no legal validity
- A sworn statement is used only in federal courts
Correct answer: A sworn statement is made under oath before an authorized official; an unsworn declaration declares truth under penalty of perjury without a formal oath
A sworn statement requires an oath administered by an authorized official (like a notary); an unsworn declaration—authorized by federal law and many state laws—allows a person to declare the truth of a statement under penalty of perjury without an official oath.
Federal law (28 U.S.C. § 1746) and many state statutes authorize 'unsworn declarations' as alternatives to sworn affidavits for many purposes. An unsworn declaration includes language such as 'I declare under penalty of perjury that the foregoing is true and correct' and is signed by the declarant—but no notary or oath is required. Where accepted, it has the same legal effect as a notarized affidavit.
Notary Public Exam Oaths & Affirmations 2
What is the legal effect of making a false statement under oath administered by a notary?