Oaths and affirmations as notarial acts are verbal declarations you make before a notary promising that a statement or document is true, and the two are legally identical: a court, agency, or notary must treat an affirmation with the same force as an oath. The only real difference is wording. An oath traditionally invokes a higher power; an affirmation does not. You pick whichever you want, you say it out loud, and from that moment forward lying in the statement is perjury.
What Each One Is
An oath is a solemn pledge, traditionally religious in character, that what you are about to say or sign is true. An affirmation is the same pledge stripped of any religious reference. Federal regulations define an affirmation as “a solemn and formal declaration or asseveration in the nature of an oath” with “the same legal force and effect as an oath.”1eCFR. 22 CFR 92.18 – Oaths and Affirmations Defined You can choose an affirmation for any reason, and no one is entitled to ask why.
Both acts appear in two notarial situations. One is a written document that carries a jurat certificate: you swear or affirm the document is true, then sign in front of the notary. The other is a standalone verbal oath or affirmation with no document attached, used for depositions, witness testimony, and certain filings.
Choosing Between the Two
Tell the notary your preference before the process starts. If you choose an oath, the notary will ask something close to: “Do you solemnly swear that the information in this document is accurate and true to the best of your knowledge and belief?” If you choose an affirmation, the wording shifts: “Do you solemnly, sincerely, and truly declare and affirm that the statements in this document are true and correct?” The exact script varies by state and by notary, but those formulas are standard.
A common misconception is that oaths must end with “so help me God.” That language is traditional, not required. If a notary insists on religious wording after you’ve asked for an affirmation, the notary is wrong, and you should find another one.
When a Notarization Actually Needs One
Not every notarization involves an oath or affirmation. The distinction turns on which certificate the document uses.
A jurat requires the verbal oath or affirmation plus a signature made in the notary’s presence. The certificate language typically reads “subscribed and sworn to (or affirmed) before me.” Affidavits, sworn statements, and most court filings use jurats.
An acknowledgment is different. You’re confirming that you signed voluntarily and are who you say you are. No oath or affirmation is administered, and the notary doesn’t need to watch you sign — you can bring a document already signed. The certificate reads “acknowledged before me.” Deeds, powers of attorney, and most contracts use acknowledgments.
Using the wrong certificate can invalidate your document. The document itself usually specifies which one it needs. If it doesn’t, ask the party who requested the notarization before your appointment.
How the Act Is Administered
The sequence matters. Each step exists for a reason, and skipping a step can void the notarization.
- You appear in person before the notary. Video calls do not count for an in-person notarization.
- The notary checks your government-issued photo ID and compares it to the name on the document.
- The notary administers the oath or affirmation in your chosen form. You answer out loud — “I do” or “I so affirm.” A nod or silent gesture is not enough. Raising your right hand is traditional in many places but not legally required in most states.
- You sign the document in the notary’s full view. For a jurat, this step cannot be skipped; the notary must witness the signature.
- In states that require a notary journal, the notary records the date, the type of act, and the identification used. Some states also ask you to sign the journal.
- The notary completes the certificate, signs it, and applies the official seal or stamp.
One practical point worth repeating: if the document needs a jurat, bring it unsigned. People lose more appointments to this than to any other preparation mistake. A notary administering a jurat must see the signature happen in real time.
A notary who stamps the jurat without actually administering the verbal oath or affirmation has committed misconduct. The verbal component is the whole point. Some states treat skipping it as grounds for suspending or revoking the commission.
When a Notary Must Refuse
A notary has a legal duty to refuse in certain situations. You can’t be notarized without acceptable ID. The document can’t be blank or incomplete. The notary can’t have a personal or financial stake in the transaction, and can’t be a party to it. In most states, a notary must also refuse if the signer has been legally declared mentally incapacitated.
Beyond those fixed rules, notaries watch for pressure. If you appear distraught or fearful, a careful notary may ask companions to step out and speak with you alone. If the notary believes you’re being coerced or manipulated, the notary is expected to refuse. The refusal is a safeguard, not a judgment.
Doing It Remotely
More than 40 states and the District of Columbia authorize remote online notarization, where you appear before the notary over a live audio-video connection instead of in person. The notary still administers the oath or affirmation out loud, you still answer out loud, and you still sign — but through a secure platform using electronic signatures.
Remote sessions are recorded. States commonly require the notary to retain the audio-video recording for five to ten years. Identity verification during a remote session typically combines the on-camera visual check with knowledge-based authentication questions or credential analysis of your ID.
Remote notarization rules remain a patchwork of state laws, and a handful of states still don’t permit it. Confirm your state’s rules before scheduling a remote appointment, especially if the receiving party is in a different state.
The Consequences That Give the Act Its Weight
Perjury law is what makes an oath or affirmation more than a formality. Once you’ve sworn or affirmed that a statement is true, deliberately lying is a felony. Federal perjury is punishable by up to five years in prison, a fine of up to $250,000, or both.2Office of the Law Revision Counsel. 18 USC 1621 – Perjury Generally3Office of the Law Revision Counsel. 18 USC 3571 – Sentence of Fine State perjury statutes carry their own penalties, usually also at the felony level. Prosecutors must prove you willfully stated something you did not believe to be true on a material matter; honest mistakes and opinions don’t qualify.
The fallout isn’t only criminal. A document resting on a perjured oath can be voided, which collapses whatever legal transaction depended on it — property, money, custody, or anything else at stake. Notaries who participate in fraud face commission revocation, civil liability, and potential criminal charges of their own. The system assumes the verbal act means something, and courts enforce that assumption.