Where do we get the oath that we should use; is it done prior to starting a signing? The training that I am taking, hasn’t said anything about it, but I hear some notaries I follow mention an oath. Is it state specific? I am in Virginia
It depends.
If there is some written statement that the signer must sign, for example, making statements about the condition of a piece of real estate, and there is a notarial certificate at the end that has words like “sworn before me”, then the notary should administer an oath, asking the signer if he/she swears the document is true. Most states don’t require any exact wording, but check the notary manual for Virginia.
It may be an oath of office for someone who is about to assume some government office. I’ve done these for our town clerk, members of the town select board, justices of the peace, and other notaries. The precise wording will be spelled out in some state law, and one hopes the new office holder will have a copy of the oath with him/her. I keep blank oaths of office for Vermont in my notary backpack.
If it’s an oath of office, it’s best to check that you are authorized to administer the oath. For example, a notary would NOT be authorized to administer an oath to a new member of the armed services or a new US citizen.
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You can find a sample of an oath in your notary journal. It doesn’t have to be long, just need to cover a few bases.
Do you solemnly swear or affirm upon penalty of perjury that you are? (they will say their first and last name here)
That the signature you will place on these documents is you’re true and customary signature? (they will answer yes or no)
That you are signing the documents voluntarily? (they will answer yes or no)
And with regards to the affidavits, the information you have provided is true and correct to the best of your knowledge and belief? (they will answer yes or no)
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