Yes — a notary public can administer an oath or affirmation, and this is one of the core duties every state grants its commissioned notaries. The federal government recognizes that authority too, in settings that range from affidavits and sworn financial statements to court depositions. The oath is what turns an ordinary written statement into a sworn one, and it exposes the person taking it to perjury charges if they lie.
Oath or Affirmation: The Signer Chooses
An oath is a spoken pledge that invokes a higher power. Federal regulations describe it as an outward pledge made under an immediate sense of responsibility to God.1eCFR. 22 CFR 92.18 – Oaths and Affirmations Defined An affirmation does the same legal work without the religious reference. It is a solemn declaration that a statement is true, and it exists for anyone who has a conscientious objection to swearing a traditional oath. The choice belongs to the person being sworn in, and both carry identical legal weight.
How a Notary Actually Administers the Oath
The verbal exchange is the whole point. A signed form is not enough. A nod is not enough. The person appearing before the notary has to answer out loud, and if that spoken step is skipped, the notarization can be invalid.
The sequence is short. First, the notary confirms who you are, usually by looking at a government-issued photo ID. Then the notary speaks the oath or affirmation aloud. A standard oath sounds something like, “Do you solemnly swear that the statements in this document are true, so help you God?” An affirmation drops the religious reference: “Do you solemnly affirm that the statements in this document are true?” You answer “I do” or “yes.” The notary then completes a notarial certificate with a signature, official seal, and date. That certificate is the written proof that a proper oath happened.
When You’ll Need a Notary-Administered Oath
Some documents only function if the signer has been placed under oath. The affidavit is the most common example. It’s a written statement of facts that the signer swears to be true, and courts, agencies, and insurance companies rely on affidavits precisely because a false one is perjury.2U.S. Department of State Foreign Affairs Manual. 7 FAM 850 Taking an Affidavit
Depositions are another. Under the Federal Rules of Civil Procedure, a deposition must be taken before an officer authorized to administer oaths, and the witness must be placed under oath before any testimony is recorded.3Legal Information Institute. Federal Rules of Civil Procedure Rule 284Legal Information Institute. Federal Rules of Civil Procedure Rule 30 – Depositions by Oral Examination Notaries are the professionals most commonly used for that role. Sworn financial statements, certain immigration forms, and jurats attached to court filings round out the routine list.
You’ll see the term jurat whenever an oath is part of a notarization. A jurat is the specific notarial act in which you sign a document in front of the notary and swear or affirm that its contents are true. That’s different from an acknowledgment, which only confirms that you signed voluntarily and involves no oath at all. If a document reads “subscribed and sworn to before me,” it needs a jurat, and the notary has to perform the verbal ceremony before signing off.
Why the Oath Matters: Perjury
The reason any of this is more than paperwork is perjury law. Under federal law, someone who takes an oath before a competent officer and then willfully states something they don’t believe to be true faces up to five years in prison, a fine, or both.5Office of the Law Revision Counsel. 18 U.S. Code 1621 – Perjury Generally Every state has its own perjury statute as well. Without a properly administered oath, there may be no basis for a perjury charge even if the signer lied outright. That is why the spoken exchange isn’t a formality the notary can trim.
When a Notary Isn’t Your Only Option
Notaries are the most accessible oath-givers, but they aren’t the only ones. Judges, clerks of court, and various government officials also have the authority. In the military, commissioned officers, adjutants, and other designated personnel can swear people in. For depositions, a court can appoint anyone it chooses to administer the oath and take testimony.3Legal Information Institute. Federal Rules of Civil Procedure Rule 28
There’s also a federal shortcut that skips the oath-administering officer entirely. Under 28 U.S.C. § 1746, wherever a federal law or regulation calls for a sworn statement, you can instead submit an unsworn written declaration signed under penalty of perjury.6Office of the Law Revision Counsel. 28 USC 1746 – Unsworn Declarations Under Penalty of Perjury The declaration has to include roughly this language: “I declare under penalty of perjury that the foregoing is true and correct,” followed by a date and signature. This alternative doesn’t cover depositions, oaths of office, or situations where the law specifically requires a notary. For affidavits and verifications in federal proceedings, though, it’s widely used.
Remote Online Notarization
The traditional rule was that you had to be in the same room as the notary. That’s loosened considerably. As of 2025, at least 44 states and the District of Columbia have enacted laws permitting remote online notarization, where the signer and the notary connect through live audio-video technology. The notary still administers the oath verbally, still verifies your identity, and still records the act. The interaction just happens over a screen.
At the federal level, the SECURE Notarization Act has been introduced to set national minimum standards for remote notarizations affecting interstate commerce.7U.S. Congress. S.1561 – SECURE Notarization Act of 2025 Whether or not it passes, remote notarization is already a practical option in most of the country. If you can’t appear in person, check whether your state authorizes it before booking an appointment.
What a Notary Can’t Do
A notary can place you under oath. That’s about where the authority ends. Notaries aren’t lawyers. They can’t tell you what a document means, advise whether you should sign it, draft legal documents for you, or offer an opinion about a transaction’s legal effect. The role is procedural: verify identity, administer the oath, certify that the process happened correctly.
Notaries must also stay impartial. A notary with a financial or personal stake in the transaction shouldn’t perform the notarization. Many states prohibit notarizing a document that names the notary as a party or beneficiary, and some restrict notarizations involving close family like a spouse, parent, or child. The exact rules vary. When in doubt, find a notary with no connection to the document or the people involved.
A notary’s commission is also limited to the state that issued it. A notary commissioned in one state generally cannot perform notarial acts while physically located in another. The pending SECURE Notarization Act would allow certain remote notarizations across state lines for interstate commerce, but until it becomes law, your notary needs to hold a commission in the state where they are physically located when the act takes place.7U.S. Congress. S.1561 – SECURE Notarization Act of 2025
What It Costs
Fees for administering an oath are set by state law and are generally modest, usually falling somewhere between $2 and $10 per oath. Some states set a specific maximum; others fold the oath fee into a broader schedule for notarial acts. Banks, shipping stores, and libraries often provide notary services for free or at low cost. A mobile notary who travels to your location will typically add a separate travel fee on top of the statutory charge for the act itself.