TN Notary Oaths and Affirmations 1 — Questions and Answers
Question 1: What is required for a Tennessee notary to administer a valid oath?
- The oath must be in writing
- The signer must raise their right hand and verbally swear or affirm (Correct answer)
- The notary must be an attorney
- Two witnesses must be present
Correct answer: The signer must raise their right hand and verbally swear or affirm
A valid oath requires the signer to make a verbal declaration (swearing or affirming) before the notary, typically with their hand raised.
Question 2: Which of the following is a lawful affirmation wording a Tennessee notary may use?
- Do you solemnly swear by God to tell the truth?
- Do you solemnly affirm, under penalty of perjury, that the statements in this document are true? (Correct answer)
- I, the notary, certify this document is accurate.
- The signer promises to be truthful.
Correct answer: Do you solemnly affirm, under penalty of perjury, that the statements in this document are true?
A proper affirmation asks the signer to solemnly affirm the truthfulness of their statements under penalty of perjury, without invoking a deity.
Question 3: Can a Tennessee notary administer an oath to themselves?
- Yes, notaries can self-administer oaths
- No, a notary cannot administer a notarial act to themselves (Correct answer)
- Only for personal affidavits
- Only for employment-related documents
Correct answer: No, a notary cannot administer a notarial act to themselves
A Tennessee notary may not perform any notarial act—including administering an oath—for themselves, as this would be a direct conflict of interest.
Question 4: What happens if a notary fails to actually administer the oral oath before completing a jurat?
- The jurat is still valid if the signer signed in person
- The jurat is defective because the oral oath is a required element (Correct answer)
- Only the signature requirement matters for a jurat
- The notary must charge a reduced fee
Correct answer: The jurat is defective because the oral oath is a required element
The oral oath or affirmation is an essential element of a jurat; omitting it makes the jurat invalid even if the signer signed in the notary's presence.
Question 5: A signer objects to swearing an oath for religious reasons. What should a Tennessee notary do?
- Refuse to notarize and refer them elsewhere
- Offer an affirmation instead, which is legally equivalent (Correct answer)
- Require them to sign a religious exemption form
- Proceed without any oath or affirmation
Correct answer: Offer an affirmation instead, which is legally equivalent
Tennessee law recognizes affirmations as legally equivalent to oaths, allowing the notary to accommodate signers who cannot swear for religious or conscientious reasons.
Question 6: Who may administer an oath in Tennessee besides a notary public?
- Any adult citizen
- Judges, clerks of court, and other designated officials (Correct answer)
- Only licensed attorneys
- Only federal employees
Correct answer: Judges, clerks of court, and other designated officials
In Tennessee, oaths may be administered by judges, court clerks, and other officials specifically authorized by law, in addition to notaries public.
TN Notary Oaths and Affirmations 1
What is required for a Tennessee notary to administer a valid oath?