AZ Notary Oaths and Affirmations

Question 1

Under Arizona law, what is the key difference between an oath and an affirmation when administered by a notary?

Accepted Answer

An oath invokes a divine being, while an affirmation is a solemn pledge on the affiant's personal honor

Answer

An oath is only valid for court documents, while an affirmation can be used for any document

Answer

An oath requires a witness, while an affirmation does not

Answer

An oath and an affirmation have entirely different legal effects

Question 2

When administering an oath or affirmation in Arizona, the notary public must:

Accepted Answer

Require the person to appear in person and verbally respond to the notary's words

Answer

Only obtain the person's written signature on an affidavit

Answer

Record the exact wording of the oath in the notary journal

Answer

Charge a separate fee for oaths versus affirmations

Question 3

A notary public in Arizona charges $10 for administering an oath. Under ARS §41-328, this fee is:

Accepted Answer

Within the legal limit, as the maximum fee for administering an oath is $10

Answer

Illegal, as notaries cannot charge for administering oaths

Answer

Too low — the minimum fee is $15 for oaths

Answer

Only permissible if the oath is for a court proceeding

Question 4

Which of the following is a proper use of an oath administered by an Arizona notary public?

Accepted Answer

Swearing in a deponent before they give testimony at a deposition

Answer

Certifying that a photocopy is a true copy of an original document

Answer

Acknowledging that a grantor signed a deed voluntarily

Answer

Witnessing the signing of a will

Question 5

What wording is commonly used by an Arizona notary when administering an oath?

Accepted Answer

'Do you solemnly swear that the statements you are about to make are true, so help you God?'

Answer

'I hereby certify that the foregoing document is true and correct to the best of my knowledge.'

Answer

'Do you acknowledge that you signed this document freely and voluntarily?'

Answer

'I affirm that no fraud or misrepresentation has occurred in this transaction.'

Question 6

An Arizona notary is asked to administer an affirmation to a person who objects to swearing by God on religious grounds. The notary should:

Accepted Answer

Administer an affirmation using language that does not reference a divine being

Answer

Refuse the request because oaths are mandatory for all legal documents

Answer

Require the person to obtain a court order before using an affirmation

Answer

Note the religious objection in the journal and proceed with a standard oath