PA Notary Oaths & Affirmations 1 — Questions and Answers
Question 1: What distinguishes an oath from an affirmation under Pennsylvania notary law?
- An oath requires the signer to appear in person; an affirmation does not
- An oath invokes a divine being or sacred reference; an affirmation is a solemn pledge without religious reference (Correct answer)
- An oath is only used for real estate documents; an affirmation is used for court documents
- An oath must be written; an affirmation may be verbal only
Correct answer: An oath invokes a divine being or sacred reference; an affirmation is a solemn pledge without religious reference
An oath involves a pledge invoking a divine being or sacred obligation, while an affirmation is a solemn pledge that carries the same legal weight but omits any religious reference.
Question 2: Under Pennsylvania law, when must a notary public offer an affirmation instead of an oath?
- When the document is a property deed
- When the signer is under the age of 18
- When the signer objects to taking an oath on religious or conscientious grounds (Correct answer)
- When the notary is also a justice of the peace
Correct answer: When the signer objects to taking an oath on religious or conscientious grounds
Pennsylvania law requires that a notary offer an affirmation to any person who objects to taking an oath due to religious beliefs or matters of conscience.
Question 3: What notarial certificate is attached to a document to show that the signer swore or affirmed the truth of its contents before a notary?
- Acknowledgment certificate
- Jurat (Correct answer)
- Apostille
- Venue clause
Correct answer: Jurat
A jurat is the notarial certificate used when the signer takes an oath or affirmation before the notary, confirming the signer swore to the truthfulness of the document.
Question 4: What is an 'affiant' in the context of Pennsylvania notarial practice?
- A notary who administers oaths
- A person who swears or affirms the truth of an affidavit before a notary (Correct answer)
- A witness who signs a document without taking an oath
- A court officer who certifies depositions
Correct answer: A person who swears or affirms the truth of an affidavit before a notary
An affiant is the individual who swears or affirms that the statements in an affidavit are true, doing so before a notary or other authorized officer.
Question 5: When administering an oath, what action MUST a Pennsylvania notary take beyond simply having the signer sign the document?
- Apply the notary seal before the oath is spoken
- Verbally administer the oath with appropriate ceremony (Correct answer)
- Record the oath text in the county courthouse
- File the completed affidavit with the Secretary of State
Correct answer: Verbally administer the oath with appropriate ceremony
A PA notary must actually and verbally administer the oath with appropriate ceremony—the signer cannot merely sign; the oath words must be spoken aloud.
Question 6: Can a Pennsylvania notary public legally administer an oath to themselves?
- Yes, if no other notary is available in the area
- Yes, as long as they record it in their journal
- No, a notary cannot administer an oath to themselves (Correct answer)
- Yes, but only for real estate transactions
Correct answer: No, a notary cannot administer an oath to themselves
A notary cannot notarize any act in which they have a personal interest, including administering an oath to themselves, as this creates a prohibited conflict of interest.
Question 7: Under Pennsylvania law, what legal consequence applies to a person who makes a false statement under oath or affirmation administered by a notary?
- A civil fine payable directly to the notary
- The notarial act is automatically voided with no further consequence
- The person may be subject to perjury charges (Correct answer)
- The notary's commission is immediately revoked
Correct answer: The person may be subject to perjury charges
Making a false statement under oath or affirmation constitutes perjury under Pennsylvania law, which is a criminal offense subject to prosecution.
PA Notary Oaths & Affirmations 1
What distinguishes an oath from an affirmation under Pennsylvania notary law?