Arkansas Common Misconceptions of Notary Public Language

Revised 7/16/2024

What exactly is a notary? A notary public is a public office appointed by a state government agency, usually the Secretary of States, Governor, Lt. Governor, or Department of Licensing, to act as an impartial witness to the signing of a document.

Each state has its own Notary laws and rules outlining the duties of their office and how to execute them. When you are a newly commissioned notary, you may read and hear some of these terms that may be a little confusing. Here we will list a few of the most common terms and their definitions to help familiarize yourself with what they mean.

Oath: a pledge made by a person signifying he, she, or they are declaring true. An oath must be signed in the presence of a notary.

Affirmation: in place of an oath because of a religious objection or not religious at all. Just like an oath, it has the same legal impact. Affiant: the person making an affidavit.

Acknowledgment: declaration that the person has signed the document voluntarily, for its stated purposes. An acknowledgement can be prior to the notarial act or in the presence of the notary.

Deposition: Oral testimony for legal proceedings. The notary may take the witnesses’ oath to tell the truth, or they may be asked to notarize the transcript from the proceeding.

Jurat: the written notarial certificate found on an affidavit, application, or other document, indicating that the signer swore under penalty of perjury that the information in the document is the truth. This must be signed in the presence of the notary.

Perjury: making a false statement under oath or affirmation. Perjury is a crime punishable by a fine and/or prison term.

For a complete list of Notary terms and definitions, please consider purchasing Barron’s Dictionary of Legal Terms in our online store.

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