GA Notary GA Notary - Georgia Notary Oaths Affirmations and Affidavits Questions and Answers 2 — Questions and Answers
Question 1: What penalty can an affiant face for making a false statement under oath in Georgia?
- Perjury charges (Correct answer)
- A civil fine only
- Revocation of their driver's license
- No legal penalty
Correct answer: Perjury charges
An affiant who knowingly makes false statements under oath can be charged with perjury, which is a criminal offense in Georgia.
Question 2: Can a Georgia notary refuse to administer an oath?
- Yes, if the notary has a conflict of interest or the act would be unlawful (Correct answer)
- No, a notary must administer any oath requested
- Yes, for any reason the notary chooses
- Only if the requester cannot pay the fee
Correct answer: Yes, if the notary has a conflict of interest or the act would be unlawful
A notary may refuse a notarial act, including administering an oath, if there is a conflict of interest or if performing the act would be improper or unlawful.
Question 3: In Georgia, what ceremony is required when administering an oath?
- The notary must orally ask the affiant to swear or affirm and the affiant must respond (Correct answer)
- The affiant must raise their right hand and repeat an oath word for word
- The notary must use a Bible or religious text
- No ceremony is required — a signature alone is sufficient
Correct answer: The notary must orally ask the affiant to swear or affirm and the affiant must respond
Georgia law requires that an oath or affirmation ceremony actually take place, meaning the notary asks the affiant to swear or affirm and the affiant verbally responds.
Question 4: What should a Georgia notary write on the jurat certificate to indicate an affirmation was used instead of an oath?
- Replace 'sworn' with 'affirmed' in the certificate wording (Correct answer)
- Add a note that the signer is not religious
- Leave the certificate wording unchanged
- Attach a separate affirmation form
Correct answer: Replace 'sworn' with 'affirmed' in the certificate wording
The jurat certificate wording should reflect the actual act performed — if an affirmation was used, the word 'affirmed' replaces 'sworn' in the certificate.
Question 5: In Georgia, may a notary charge a fee to administer an oath?
- Yes, subject to Georgia's maximum notary fee schedule (Correct answer)
- No, administering oaths must always be free of charge
- Only for oaths administered in connection with real estate documents
- Only if the notary is not a government employee
Correct answer: Yes, subject to Georgia's maximum notary fee schedule
Georgia notaries may charge a fee for administering oaths, but the amount is capped by the state's maximum notary fee schedule.
Question 6: A Georgia notary is asked to notarize an affidavit but the affiant refuses to take an oath for religious reasons. What should the notary do?
- Offer an affirmation as a legally equivalent alternative (Correct answer)
- Refuse to complete the notarization
- Allow the affiant to simply sign without any ceremony
- Require the affiant to sign a waiver
Correct answer: Offer an affirmation as a legally equivalent alternative
The notary should offer an affirmation, which has the same legal effect as an oath and accommodates signers with religious objections.
GA Notary GA Notary - Georgia Notary Oaths Affirmations and Affidavits Questions and Answers 2
What penalty can an affiant face for making a false statement under oath in Georgia?