Key Takeaways
- Oaths and affirmations are legally equivalent
- Oaths invoke a higher power; affirmations do not
- The principal must appear in person before the notary
- Used for affidavits, depositions, and sworn statements
- False statements under oath can be prosecuted as perjury
Oaths and Affirmations
Under G.S. 10B-3, oaths and affirmations are legally equivalent notarial acts. The choice between them depends on the principal's preference.
Definitions
Oath
A notarial act in which a notary certifies that at a single time and place:
- An individual appeared in person before the notary
- The individual was identified by personal knowledge or satisfactory evidence
- The individual made a vow in the presence of the notary on penalty of perjury
- The vow was made with reference to a Supreme Being
Affirmation
A notarial act legally equivalent to an oath in which:
- An individual appeared in person before the notary
- The individual was identified by personal knowledge or satisfactory evidence
- The individual made a vow on penalty of perjury
- NO reference to a Supreme Being
Key Differences
| Aspect | Oath | Affirmation |
|---|---|---|
| Reference to God/Supreme Being | Yes | No |
| Legal Effect | Binding | Equally binding |
| Perjury Liability | Yes | Yes |
| Principal's Choice | Religious preference | Non-religious preference |
Administering an Oath
When administering an oath, the notary may say:
"Do you solemnly swear that the statements in this document are true and correct, so help you God?"
The principal responds: "I do" or "Yes"
Administering an Affirmation
When administering an affirmation, the notary may say:
"Do you solemnly affirm, under penalty of perjury, that the statements in this document are true and correct?"
The principal responds: "I do" or "Yes"
Jurat Certificate
A jurat is the certificate attached to a document when an oath or affirmation is administered. It certifies that the person appeared before the notary and swore or affirmed to the truth of the document's contents.
Standard Jurat Certificate
State of North Carolina
County of ________________
Sworn to (or affirmed) and subscribed before me this ____ day of
____________, 20___.
________________________
Notary Public
My Commission Expires: ____________
Common Uses of Oaths/Affirmations
| Document Type | Purpose |
|---|---|
| Affidavits | Sworn written statements |
| Depositions | Sworn testimony outside court |
| Verified Pleadings | Sworn court documents |
| Financial Statements | Sworn accuracy of finances |
| Immigration Forms | Sworn applications |
Important Requirements
| Requirement | Detail |
|---|---|
| Personal Appearance | Principal must be physically present |
| Identification | Personal knowledge or satisfactory evidence |
| Verbal Response | Principal must respond to oath/affirmation |
| Document Signing | Principal signs in notary's presence (for jurat) |
Key Points for the Exam
- Oaths: Reference a Supreme Being
- Affirmations: No religious reference, equally binding
- Jurat: Certificate for sworn/affirmed documents
- Perjury: False statements are criminal offense
- Principal's choice: Notary must offer either oath or affirmation
What is the primary difference between an oath and an affirmation?
What type of notarial certificate is used when a person swears to the truth of a document?