SC Notary Oaths and Affirmations 2 — Questions and Answers
Question 1: Which type of document most commonly requires a jurat rather than an acknowledgment?
- A real estate deed
- An affidavit (Correct answer)
- A vehicle title transfer
- A power of attorney
Correct answer: An affidavit
An affidavit is a sworn written statement, so it requires a jurat where the signer swears or affirms to the truth of its contents before the notary.
Question 2: Who must be physically present when a South Carolina notary administers an oath or affirmation?
- Only the notary public
- The signer and the notary (Correct answer)
- The signer, the notary, and one witness
- The signer, the notary, and the document's intended recipient
Correct answer: The signer and the notary
Personal appearance before the notary is mandatory; the signer must be physically present for a valid oath or affirmation.
Question 3: What is the legal effect of an affirmation compared to an oath in South Carolina?
- An affirmation carries lesser legal weight than an oath
- They have the same legal force and effect (Correct answer)
- An affirmation is valid only for civil, not criminal, matters
- An oath is required for government documents; an affirmation is not
Correct answer: They have the same legal force and effect
South Carolina law treats oaths and affirmations as legally equivalent; both create the same obligation to tell the truth.
Question 4: Which wording is typically found in a jurat certificate completed by a South Carolina notary?
- 'Acknowledged before me'
- 'Sworn (or affirmed) and subscribed before me' (Correct answer)
- 'Certified to be a true and correct copy'
- 'Witnessed by the undersigned notary public'
Correct answer: 'Sworn (or affirmed) and subscribed before me'
A jurat certificate states that the document was 'sworn (or affirmed) and subscribed before me,' reflecting the oath or affirmation administered by the notary.
Question 5: Which of the following is NOT a proper use of a notary's oath/affirmation authority in South Carolina?
- Swearing in a deponent before a deposition
- Administering an oath for an affidavit
- Performing a marriage ceremony (Correct answer)
- Swearing in a public official
Correct answer: Performing a marriage ceremony
South Carolina notaries are not authorized to perform marriage ceremonies; that authority belongs to ordained ministers, judges, and certain other officials.
Question 6: Before administering an oath or affirmation, what must a South Carolina notary confirm?
- That a fee has been collected in advance
- That the signer personally appears and understands they are swearing or affirming (Correct answer)
- That the act is recorded in a bound notarial journal
- That the signer's fingerprint has been obtained
Correct answer: That the signer personally appears and understands they are swearing or affirming
The notary must ensure the signer is physically present and understands the solemnity and legal significance of the oath or affirmation before proceeding.
Question 7: An affidavit is presented to a South Carolina notary for completion. What type of notarial act is required?
- Acknowledgment
- Jurat (oath or affirmation) (Correct answer)
- Copy certification
- Signature witnessing only
Correct answer: Jurat (oath or affirmation)
An affidavit is a sworn statement, so it requires a jurat where the notary administers an oath or affirmation and the signer swears to the document's truthfulness.
SC Notary Oaths and Affirmations 2
Which type of document most commonly requires a jurat rather than an acknowledgment?