As a notary, I’ve had clients come to me asking me to notarize a document without a notarial block or notarial language. When this happens, as a notary, it is my duty to ask the client if they need me to take an acknowledgement, administer an oath or an affirmation. Once questioned, many of my clients appear to be quite uncertain and completely lost. After a brief period of uncertainty, I then find myself explaining to them the difference between each act and tell them to choose one. For quick educational purposes, an acknowledgement is a formal declaration before a duly authorized officer (Notary Public, in this situation) by an individual who has executed a written document(s), stating/acknowledging they executed that document(s). A Oath is a verbal pledge given by an individual taking it that his or her statements are made under an immediate sense of responsibility to a higher deity or God. And for individuals who are forbidden to swear or make promises on a God or deity, an affirmation is made. An Affirmation is a solemn declaration made by a person that the informations and statements made are true and correct; it’s equivalent to an Oath and just as binding.

A Swear

To Swear, is to make a solemn declaration on a deity, a sacred person or a thing in front of at least one witness to the honesty and truth of such declaration (TheFreeDictionary-Swear). To swear is to take an oath.

An Oath

An Oath is a verbal pledge given by an individual taking it that his or her statements are made under an immediate sense of responsibility to a higher deity or God, who will punish them for making false statements. Said another way, you swear to God that your statements are true and correct. New York Notary Publics must administer oaths in the manner prescribed by the New York Civil Practice Law and Rules. An oath should be administered in a manner to awaken the conscience and impress the mind of the individual taking it. The individual taking the oath must personally appear before the notary; this can be an in-person oath or remote oath with clear camera view as done so in a remote online notarization process. An oath cannot be administered over the telephone with voice only. When an oath is administered the individual taking the oath must express agreement to the oath with the words “I do” or “I swear”, without being under any duress. The wording of an oath typically states “Do you solemnly swear under the penalty of perjury that the statements made in this document are true to the best of your knowledge or belief?”, as the individual taking the oath has their right hand raised.

It is very important to know, A notary public does not simply fulfill their duty by merely asking the individual taking the oath whether the signature on the document is theirs; the notary must administer the oath. A corporation or partnership cannot take an oath. Oaths can only be taken by individuals, including individuals of the corporation or partnership. The law protects the public interest so much, that a Notary Public cannot administer an oath on themselves. If a Notary Public needs to take an oath, that Notary Public has to find a proper authority, including another Notary Public, to administer an other to them. The privileges and the rights of a notary are personal and cannot be assigned to others.

An Affirmation

Taking an affirmation is very similar to taking an oath. The only difference between an oath and affirmation is the usage of God or another deity. Instead of giving a verbal pledge that the statements made are under an immediate sense of responsibility to God, the individual makes a solemn declaration that the information and statements are true and correct on their person and morals. An affirmation is just as binding as an oath in the court of law and it must be administered in similar fashion.

An Affirmation should be administered in a manner to awaken the morality of the individual taking the affirmation. The individual taking the affirmation must personally appear before the notary; this can be an in-person appearance or remote appearance in a clear camera view, like in a remote online notarization. Like an oath, an affirmation cannot be administered over the telephone with voice only. When an affirmation is administered, the individual taking the affirmation must express agreement to the affirmation with the words “I do” or “I affirm”, without any coercion. The wording of an affirmation typically states “Do you solemnly affirm under the penalty of perjury that the statements made by you are true and correct to the best of your knowledge or belief?”, as the individual taking the affirmation has their right hand raised.

The Jurat

A Jurat is the notarial block of an affidavit where the officer (Notary Public) certifies that the affidavit was sworn or affirmed to before them. The jurat is not the affidavit itself. The notarial block of a jurat should generally and at least state, “Sworn or affirmed to before me this ….. day of ….., 20…..” If the affidavit does not have a jurat notarial block a loose certificate from a Notary Public or appointed official should be completed and attached to the document(s).

Notary Glow is very familiar with the process of administer oaths and affirmations; as well as filling out the proper paperwork, including adding Jurats to make documents acceptable for the receiving parties. Annuity Settlements, Residential & Commercial Real Estate Loans, Insurance Settlements, Estate & Beneficiary Planning, and Identity Proofing, are just a few business and personal dealings that require oaths and affirmations to be taken. Notary Glow has worked with companies such as J.G. Wentworth, PeachTree Settlement Funding, ExoStar Identity Proofing, Welcome Funds Inc., WACO Title Company, BC Law Firm, American Airlines Credit Union, and Ocwen Loan Servicing, to provide professional notarial services that included an oath or affirmation to their clients. We have conducted of services in-person through out travel to you mobile notary service; and we offer this same services through instant remote online notarization services. Notary Glow strives to make our services as convenient as possible for our current and potential client. Contact Us Today!