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.
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.
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.
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.
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.
