Understanding Oaths and Affirmations in Remote Notarization: What You Need to Know

With the rise of digital platforms and remote work, the way we handle legal documents and official procedures has evolved. One area that has seen significant change is notarization. In particular, remote notarization has become an increasingly popular method for getting documents notarized without the need to be physically present with a notary. But when it comes to remote notarization, what about oaths and affirmations?

In this blog post, we’ll break down what oaths and affirmations are, how they work in the context of remote notarization, and why they are essential in maintaining the integrity of your legal documents.

What Are Oaths and Affirmations?

Both oaths and affirmations are formal declarations made by an individual, usually in front of a notary, affirming that the information they are providing is truthful. These declarations are part of the process to verify the credibility of the document being notarized. While they are similar in nature, there are some subtle differences:

• Oath: An oath is a solemn promise to tell the truth, typically invoking a higher power or deity (e.g., "I swear to tell the truth, so help me God"). It carries a moral and legal responsibility to be truthful.

• Affirmation: An affirmation serves the same purpose as an oath but does not invoke a higher power. Instead, the person making the affirmation simply declares that they are telling the truth, without religious reference (e.g., "I affirm that the information provided is true to the best of my knowledge").

In the context of remote notarization, both oaths and affirmations are essential because they serve to confirm that the signer is making the declaration voluntarily and truthfully.

How Oaths and Affirmations Work in Remote Notarization

Remote notarization allows individuals to have documents notarized without being in the same physical location as the notary. Through video conferencing technology, the notary and the signer can interact in real time, making the process efficient and convenient. But when it comes to administering an oath or affirmation in a remote setting, it’s important to follow specific guidelines to ensure the process is legally binding and compliant.

1. Remote Presence: During a remote notarization, the signer and notary must both be present on a secure video platform. The notary can administer an oath or affirmation to the signer by asking them to either swear (take an oath) or affirm (make a declaration) that the information provided is true and accurate.

2. Clarity and Understanding: The notary must ensure that the signer clearly understands what they are swearing or affirming. The notary is responsible for making sure that the signer is not under duress and is acting voluntarily. This is especially important in remote settings where body language and subtle cues may be harder to interpret.

3. Document Signing: After the oath or affirmation is administered, the signer typically signs the document digitally. This can be done either via a secure electronic signature or a digital pen on a screen, depending on the platform the notary is using.

4. Recording the Interaction: A key part of remote notarization is the recording of the session. Many states require the notary to record the video of the interaction for compliance and security purposes. This video can serve as evidence that the oath or affirmation was properly administered, which is important if the validity of the notarized document is ever questioned.

Legal Requirements and Compliance

Each state has different laws and regulations regarding remote notarization, and these laws govern how oaths and affirmations should be administered. Some key considerations include:

• Jurisdiction: The notary must be located in a jurisdiction where remote notarization is legal. In some states, remote notarization is allowed, while in others, it is not.

• Technology: The platform used for remote notarization must meet specific security standards to ensure the identity of the signer and the integrity of the document. Secure video conferencing tools are required, and the session must be recorded and stored for future reference.

• Notary’s Role: The notary must ensure that the signer understands the process and has the legal capacity to sign the document. The notary must also ensure that the oath or affirmation is properly administered during the remote session.

• Notarized Record: After the session, the notary will affix their digital notary seal to the document and may create an electronic journal entry or record of the remote notarization session, including the video recording and details about the signer’s identity.

Why Oaths and Affirmations Matter in Remote Notarization

Oaths and affirmations play a critical role in the notarization process, both remotely and in person. They serve several key purposes:

1. Legal Integrity: By swearing or affirming the truthfulness of the document, the signer is legally bound by their declaration. This ensures that the notarized document has legal weight and cannot be easily contested.

2. Prevention of Fraud: The act of taking an oath or affirmation helps prevent fraudulent activities, such as signing a document under false pretenses or misrepresenting the facts. Remote notaries, just like traditional ones, must take steps to verify the identity of the signer to ensure there is no fraud or coercion.

3. Transparency and Accountability: The oath or affirmation ensures that the signer is fully aware of the legal implications of their actions. It also holds the notary accountable for administering the process in accordance with the law.

4. Convenience and Accessibility: With the option to take an oath or affirmation remotely, individuals can complete legal processes more conveniently, no matter where they are located. This is especially useful for people who live in rural areas or have mobility issues.

Conclusion: The Future of Remote Notarization

As remote notarization continues to grow in popularity, understanding how oaths and affirmations fit into the process is essential. They ensure that the notarization remains legally valid, transparent, and free from fraud. Whether you’re working with documents related to real estate, estate planning, business agreements, or any other legal matter, knowing that your notary is administering a proper oath or affirmation can give you confidence that your documents are in good standing.

If you're considering remote notarization for your documents, be sure to choose a notary who follows all legal requirements and can guide you through the process, ensuring the integrity of your documents every step of the way.