Performing Common Notarial Acts Flashcards

What is the key difference between a jurat and an acknowledgment?

Answer: A jurat requires an oath or affirmation and signing in the Notary's presence

For a jurat the signer must sign in the Notary's presence and swear or affirm the contents are true.

A signer objects to swearing for religious reasons. What should the Notary offer?

Answer: An affirmation, which is a solemn pledge on personal honor

An affirmation is legally equivalent to an oath but makes no reference to a Supreme Being.

During a jurat, the signer refuses to raise their hand but clearly answers 'I do' to the oath. Is this sufficient?

Answer: Yes, the clear spoken response to the oath is what matters

Gestures are customary, but the essential element is the signer's clear verbal assent to the oath or affirmation.

A signer hands the Notary an affidavit already signed and asks for a jurat. What should the Notary do?

Answer: Have the signer sign again in the Notary's presence after administering the oath

A jurat requires the signature to be made in the Notary's presence, so the signer must re-sign before the Notary.

What does the jurat wording 'subscribed and sworn to before me' mean?

Answer: The signer signed and took an oath in the Notary's presence

'Subscribed' means signed and 'sworn' means an oath was taken, both before the Notary.

Which of the following is an oral oath that does NOT require a written document?

Answer: An oath of office administered to a new official

Notaries may administer standalone oaths, such as oaths of office, without a signed document.

Who bears responsibility for the truthfulness of statements in a sworn affidavit?

Answer: The signer (affiant)

The affiant swears to the truth of the contents; the Notary only administers the oath and verifies identity.