Acknowledgments and Jurats Flashcards

What is the difference between an oath and an affirmation in Wisconsin?

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.

What Wisconsin certificate wording typically includes the phrase 'subscribed and sworn to before me'?

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.

Which Wisconsin certificate typically contains the phrase 'acknowledged before me'?

Answer: An acknowledgment certificate

'Acknowledged before me' is the standard language found in an acknowledgment certificate, not a jurat.

In Wisconsin, may a notary refuse to administer an affirmation to a signer who does not wish to take a religious oath?

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.

If a Wisconsin document says 'sworn to and subscribed' but the notary only had the signer acknowledge the document, is the notarial act proper?

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.

Can a Wisconsin notary perform an acknowledgment for a person appearing via two-way audio-visual communication without remote notarization authorization?

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.