California Notary Public ExamNotary Public Duties and AuthorityEasy
A Notary Public is presented with a document for a jurat. The signer has already signed the document, and the Notary has identified them. When the Notary asks the signer to take the oath, the signer states, 'I affirm that the statements in this document are true and correct.' What is the Notary's appropriate action?
- AProceed with the jurat, as an affirmation is an acceptable substitute for an oath.
- BRefuse the notarization because the signer did not use the word 'swear'.
- CRequire the signer to rephrase their statement to include the word 'swear'.
- DAdminister a different oath that explicitly uses the word 'swear'.
Show answer & explanationAnswer & explanation
Correct answer: A. Proceed with the jurat, as an affirmation is an acceptable substitute for an oath.
A Notary Public can administer either an oath or an affirmation. An affirmation is a solemn declaration equivalent to an oath but without religious significance, and it is perfectly acceptable for a jurat.
Why the other options are wrong
- B. Affirmations are legally equivalent to oaths and are acceptable.
- C. Requiring specific wording beyond a solemn declaration is unnecessary and incorrect.
- D. The signer has already provided a valid affirmation; administering a different oath is not required.
Oath vs. Affirmation
For a jurat, a Notary Public may administer either an oath (a solemn appeal to a deity) or an affirmation (a solemn declaration without religious reference), both having the same legal effect.
- Jurat requires an oath OR an affirmation.
- Affirmation is a solemn, non-religious declaration.
- Both are legally equivalent.
- Signer chooses which to take.
Memory trick: For a jurat's spoken truth, 'oath or affirm' is the proof.