WI Notary Acknowledgments and Jurats 2 — Questions and Answers
Question 1: What is the difference between an oath and an affirmation in Wisconsin?
- An oath invokes a deity; an affirmation is a secular pledge with the same legal effect (Correct answer)
- An oath is stronger legally than an affirmation
- An affirmation requires a witness; an oath does not
- An oath is for civil matters; an affirmation is for criminal matters
Correct answer: An oath invokes a deity; an affirmation is a secular pledge with the same legal effect
An oath invokes God or a deity, while an affirmation is a solemn pledge without religious reference; both have the same legal force in Wisconsin.
Question 2: What Wisconsin certificate wording typically includes the phrase 'subscribed and sworn to before me'?
- A jurat certificate (Correct answer)
- An acknowledgment certificate
- A copy certification certificate
- A protest certificate
Correct answer: A jurat certificate
The phrase 'subscribed and sworn to before me' is standard jurat certificate language, reflecting the signing and oath elements of that act.
Question 3: Which Wisconsin certificate typically contains the phrase 'acknowledged before me'?
- An acknowledgment certificate (Correct answer)
- A jurat certificate
- A copy certification
- A protest certificate
Correct answer: An acknowledgment certificate
'Acknowledged before me' is the standard language found in an acknowledgment certificate, not a jurat.
Question 4: In Wisconsin, may a notary refuse to administer an affirmation to a signer who does not wish to take a religious oath?
- No, the notary must offer an affirmation as an alternative (Correct answer)
- Yes, the notary can require an oath
- Only if the document requires an oath specifically
- Yes, if the notary has religious objections
Correct answer: No, the notary must offer an affirmation as an alternative
Wisconsin notaries must offer affirmations as an alternative to oaths for signers who prefer a secular pledge.
Question 5: If a Wisconsin document says 'sworn to and subscribed' but the notary only had the signer acknowledge the document, is the notarial act proper?
- No, the notary must perform the act that matches the certificate language (Correct answer)
- Yes, any notarial act satisfies any certificate language
- Only if the signer approves the substitution
- Yes, as long as the notary signs and seals
Correct answer: No, the notary must perform the act that matches the certificate language
The notary must perform the specific act described by the certificate — if the certificate calls for a jurat (sworn), an acknowledgment alone is insufficient.
Question 6: Can a Wisconsin notary perform an acknowledgment for a person appearing via two-way audio-visual communication without remote notarization authorization?
- No, remote appearance requires specific authorization to perform remote notarizations (Correct answer)
- Yes, any technology-based appearance is acceptable
- Yes, if the employer approves
- No, acknowledgments always require in-person appearance
Correct answer: No, remote appearance requires specific authorization to perform remote notarizations
Notarizing for someone appearing via audio-visual technology constitutes a remote notarization and requires specific state authorization beyond a standard commission.
WI Notary Acknowledgments and Jurats 2
What is the difference between an oath and an affirmation in Wisconsin?