NYS Notary Oaths and Affirmations Flashcards

In New York, which document typically requires an oath administered by a notary?

Answer: An affidavit submitted in a court proceeding

Affidavits used in court proceedings require an oath or affirmation administered before an authorized officer such as a notary.

What phrase is commonly spoken by a New York notary when administering an oath?

Answer: 'Do you solemnly swear or affirm that the contents of this document are true to the best of your knowledge?'

The standard oath formula asks the affiant to solemnly swear or affirm that the contents are true to the best of their knowledge.

A person who willfully makes a false statement under oath administered by a New York notary may be charged with:

Answer: Perjury

Making a false statement under oath is perjury under New York Penal Law, regardless of where the oath was administered.

Can a New York notary administer an oath over the telephone?

Answer: No, the notary and signer must be in the same physical location unless using approved remote notarization

Traditional notarial oaths require the notary and affiant to be in each other's presence, with remote notarization being the only approved exception.

What must a New York notary do if a person refuses to be sworn but wants to make a statement?

Answer: The notary may offer an affirmation, and if refused, cannot certify the document as a sworn statement

If neither an oath nor an affirmation is accepted, the notary cannot certify the document as a sworn statement.

Under New York Executive Law, what is required for a notary to charge for administering an oath?

Answer: Fees are set by statute and the notary may charge up to the statutory limit per oath

New York law sets statutory maximum fees; notaries may charge up to those amounts per oath administered.