TN Notary Oaths and Affirmations 2 — Questions and Answers
Question 1: When swearing in a witness before taking a deposition, which notarial act is the notary performing?
- An acknowledgment
- An oath of office
- A jurat
- An oath administered outside a jurat (Correct answer)
Correct answer: An oath administered outside a jurat
Swearing in a deponent before a deposition is administering a standalone oath, which is a distinct notarial act separate from completing a jurat certificate on a document.
Question 2: A Tennessee notary administers an oath of office to a newly elected local official. What must the notary do to complete this act?
- Complete a jurat certificate on the oath document
- Simply have the official verbally swear and then sign the oath document with the notary's signature and seal (Correct answer)
- File the oath with the Secretary of State directly
- Have two witnesses co-sign the oath
Correct answer: Simply have the official verbally swear and then sign the oath document with the notary's signature and seal
For an oath of office, the official verbally swears, signs the document, and the notary completes a certificate attesting to the administration of the oath, with signature and seal.
Question 3: Can a Tennessee notary charge a fee for administering a standalone oath not connected to a document?
- No, standalone oaths are always free
- Yes, up to the $5.00 statutory maximum per notarial act (Correct answer)
- Only if the oath is for a court proceeding
- Only if the oath is in writing
Correct answer: Yes, up to the $5.00 statutory maximum per notarial act
Administering an oath is a notarial act, and the notary may charge up to the statutory maximum fee of $5.00 for performing it.
Question 4: Which of the following situations requires an oath rather than an acknowledgment?
- Signing a deed of trust
- Signing a warranty deed
- Signing an affidavit for a court filing (Correct answer)
- Signing a power of attorney
Correct answer: Signing an affidavit for a court filing
An affidavit is a sworn statement and requires a jurat (which includes an oath), not an acknowledgment.
Question 5: What words must a notary use during the oath ceremony for it to be legally valid?
- There are specific required words the notary must recite exactly
- The law does not require exact wording, but the notary must convey that the signer is swearing or affirming to the truth under penalty of perjury (Correct answer)
- The words must come from the Tennessee Notary Handbook verbatim
- Only 'I swear' and the signer's name are required
Correct answer: The law does not require exact wording, but the notary must convey that the signer is swearing or affirming to the truth under penalty of perjury
Tennessee does not mandate specific verbatim language; however, the substance of the oath must convey that the signer is taking a solemn pledge of truthfulness under penalty of perjury.
Question 6: If a signer nods their head in response to an oath rather than verbally responding, is the oath valid?
- Yes, physical gestures are legally equivalent to verbal responses
- No, an oath requires a verbal response to be legally effective
- Only if the notary notes the gesture in the journal (Correct answer)
- Only for signers with documented speech impairments
Correct answer: Only if the notary notes the gesture in the journal
Generally, an oath requires a verbal affirmative response; however, a notary may accommodate a signer who is physically unable to speak verbally, with the accommodation noted in the journal.
TN Notary Oaths and Affirmations 2
When swearing in a witness before taking a deposition, which notarial act is the notary performing?