TX Notary Notary Oaths, Affirmations, and Jurats 2 — Questions and Answers
Question 1: The certificate wording for a Texas jurat typically includes the phrase:
- 'Acknowledged before me'
- 'Subscribed and sworn to before me' (Correct answer)
- 'Certified to be a true copy'
- 'Known to me personally'
Correct answer: 'Subscribed and sworn to before me'
A jurat certificate in Texas uses the phrase 'subscribed and sworn to (or affirmed) before me,' confirming the signing and oath occurred in the notary's presence.
Question 2: A Texas notary administering an oath for an affidavit must ensure the affiant:
- Has a Texas driver's license
- Understands they are swearing to the truth of their written statement (Correct answer)
- Is represented by an attorney
- Files the affidavit within 30 days
Correct answer: Understands they are swearing to the truth of their written statement
The notary must ensure the affiant understands they are taking an oath regarding the truthfulness of the document's contents.
Question 3: Which of the following is NOT a notarial act in Texas?
- Administering an oath
- Certifying a copy of a document
- Providing legal advice about a document (Correct answer)
- Taking an acknowledgment
Correct answer: Providing legal advice about a document
Providing legal advice constitutes the unauthorized practice of law and is not a notarial act a Texas notary may perform.
Question 4: In a Texas jurat, the notary certifies that:
- The document is legally enforceable
- The signer signed the document before appearing
- The signer appeared, signed in the notary's presence, and took an oath or affirmation (Correct answer)
- The document's content has been reviewed for accuracy
Correct answer: The signer appeared, signed in the notary's presence, and took an oath or affirmation
A jurat certifies three things: the signer appeared, signed before the notary, and took an oath or affirmation regarding truthfulness.
Question 5: A Texas notary who fails to administer an actual oath during a jurat notarization has:
- Completed the notarization correctly if the certificate is signed
- Committed an error that could invalidate the notarial act (Correct answer)
- Fulfilled the requirement by having the signer sign
- No liability as long as the seal is affixed
Correct answer: Committed an error that could invalidate the notarial act
If no oath or affirmation is actually administered, the jurat is defective because the essential sworn component is missing.
Question 6: Which of the following statements about verbal oaths in Texas is true?
- Written oaths are always preferred over verbal oaths
- The affiant must respond audibly to confirm the oath (Correct answer)
- A nod of the head is legally sufficient as an oath
- The oath must be transcribed and notarized separately
Correct answer: The affiant must respond audibly to confirm the oath
The affiant must respond verbally (audibly) to the notary's oath question to confirm the oath has been properly administered.
TX Notary Notary Oaths, Affirmations, and Jurats 2
The certificate wording for a Texas jurat typically includes the phrase: