Oaths and Affirmations

Oaths and Affirmations

An oath is a spoken promise to a Supreme Being. An affirmation is a spoken promise on one’s own personal honor or conscious, with no reference to a Supreme Being. An individual who prefers not to swear an oath may instead make an affirmation. Both oaths and affirmations are typically a promise of truthfulness or faithfulness and have the same legal effect.

The primary purpose of an oath or affirmation is to compel truthfulness.

An oath or affirmation can be part of the process of notarizing a document, or it can be a notarial act in itself, as when administering an oath of office to a public official.

Notaries in New York may administer any oath required by state law, including oaths of office to public officials.

For an oath or an affirmation to be valid, the person swearing or affirmation must do the following:

1. Swear or affirm in the physical presence of the notary public.
2. Swear or affirm that what is stated is true.
3. Swear or affirm contemporaneously with the performance of the notarial act.
4. Take upon themselves the obligations of the oath or affirmation.

The person taking the oath or affirmation must personally appear before the notary. A notary may not take an oath or affirmation over the phone, or administer an oath or affirmation to themselves.

No one may take an oath or affirmation on behalf of another person. In addition, an entity – such as a corporation or a partnership – may not take an oath or affirmation. However, a person representing a corporation, partnership, or other legal entity may take an oath or affirmation as an individual, swearing that he or she has the authority to sign for the entity.

Oath and Affirmation Wording

If the law does not say so otherwise, a notary may use the following or similar words in administering an oath or an affirmation:

For a person signing an affidavit or signing a deposition:

“Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?”

“Do you solemnly, sincerely and truly declare and affirm that the statements in this document are true to the best of your knowledge and belief?”

For credible identifying witnesses:

“Do you solemnly swear that you know this signer to be the person that they claim to be, so help you God?”

“Do you solemnly, sincerely and truly declare and affirm that you know this signer to be the person that they claim to be?”

For subscribing witnesses:

“Do you solemnly swear that you know (name of document signer) to be the individual who executed this document, that you saw (name of document signer) sign their name to this document and/or that they acknowledged to you having executed it for the purposes therein stated, and that you signed your own name to the document as a witness thereto, so help you God?”

“Do you solemnly, sincerely and truly declare and affirm that you know (name of document signer) to be the individual who executed this document, that you saw (name of document signer) sign their name to this document and/or that they acknowledged to you having executed it for the purposes therein stated, and that you signed your own name to the document as a witness thereto?”

The person taking the oath or affirmation must respond aloud and affirmatively, with “I do” or similar words. If the person taking the oath or affirmation is mute, they may use written notes to communicate.

New York law requires notaries to include and affix to the document requiring an oath or affirmation the notary’s official registration number.