Florida Notary Practice Exam

Can a notary provide advice on whether to use an oath or affirmation?

1. Yes, notaries are allowed to advise on this.

2. No, the document must indicate the choice, or the signer must know.

3. Yes, but only under certain circumstances.

4. No, this is outside their scope of practice.

The correct answer is: No, the document must indicate the choice, or the signer must know.

A notary public is not permitted to provide legal advice or interpret the law. The decision to use an oath or an affirmation typically falls to the signer of the document, who must either know their preference or the document must clearly state which option is required. The notary's role is to ensure that the signing of the document occurs properly and that the signer understands the act of swearing an oath or making an affirmation but does not engage in advising which should be used. Providing any guidance on the choice between an oath and affirmation could lead to the notary inadvertently practicing law, which is outside the authorized duties and responsibilities of a notary public. Therefore, the answer is accurate in affirming that the document itself should indicate the choice, or the signer must be aware of their own preference regarding the usage of oaths and affirmations.