Free MA Notary Oaths and Affirmations Questions and Answers
Which statement is correct regarding the use of oaths and affirmations in Massachusetts notarial practice?
In Massachusetts, both oaths and affirmations must be administered in person. The notary needs to be physically present with the signer to ensure the proper administration of the oath or affirmation.
What is the primary difference between an oath and an affirmation in notarial practice?
An oath involves swearing on a holy book, such as the Bible, which invokes a religious aspect. An affirmation is a secular alternative to an oath and does not involve any religious component; it is a solemn declaration that the statements are true.
When administering an oath, what must the notary public ensure about the person taking the oath?
The notary must ensure that the person taking the oath understands the legal consequences of the oath, which involves affirming that the statements they make are true and that they are aware of the legal repercussions of false statements.
What is required of a notary when administering an affirmation?
When administering an affirmation, the notary must ensure that the signer understands the affirmation is legally binding and that they are making a solemn declaration under the penalty of perjury. There is no requirement for a witness, and the notary does not need to swear an oath on the document.
If a signer refuses to take an oath or affirmation, what should the notary public do?
If a signer refuses to take an oath or affirmation when required, the notary public must refuse to notarize the document. The notarial act relies on the completion of the oath or affirmation, and the notary’s role is to ensure that all necessary components are properly fulfilled before proceeding.