M.G.L. c. 222 § 1A: ". . . Unless otherwise expressly provided, . . . notaries public may administer oaths or affirmations in all cases in which an oath or affirmation is required . . ."
Importance of a Notary Public Administering an Oath or Affirmation
An oath is a sworn declaration that invokes a higher power, while an affirmation is a solemn promise made without any religious reference. Both serve the same legal purpose: they bind the signer to tell the truth and carry identical legal weight under Massachusetts law. Whether a person chooses an oath or an affirmation, the result is fully equivalent—each supports a jurat, each creates a legally enforceable duty of truthfulness, and a false statement under either form may constitute perjury.
When a notary public administers an oath or affirmation, they are performing one of the most serious and legally significant notarial acts. An oath or affirmation is a formal, legally binding promise that the information a person is providing—whether spoken or written—is truthful to the best of their knowledge.
A notary’s role is critical because:
Penalties for Lying to a Notary Public
Lying after taking an oath or affirmation before a notary is not a minor issue—it is perjury, a criminal offense.
Under Massachusetts law:
An oath is a sworn declaration that invokes a higher power, while an affirmation is a solemn promise made without any religious reference. Both serve the same legal purpose: they bind the signer to tell the truth and carry identical legal weight under Massachusetts law. Whether a person chooses an oath or an affirmation, the result is fully equivalent—each supports a jurat, each creates a legally enforceable duty of truthfulness, and a false statement under either form may constitute perjury.
When a notary public administers an oath or affirmation, they are performing one of the most serious and legally significant notarial acts. An oath or affirmation is a formal, legally binding promise that the information a person is providing—whether spoken or written—is truthful to the best of their knowledge.
A notary’s role is critical because:
- It creates a sworn statement. Once the oath or affirmation is administered, the signer’s statements become sworn testimony, similar in weight to testimony given in court.
- It deters fraud. The presence of a notary adds a layer of accountability, making it far less likely that someone will lie or provide misleading information.
- It ensures proper identity verification. The notary confirms the identity of the person making the statement, which strengthens the reliability of the document.
- It provides legal credibility. Courts, government agencies, and attorneys rely on notarized sworn statements because they carry the same force as statements made before a judge or clerk‑magistrate.
Penalties for Lying to a Notary Public
Lying after taking an oath or affirmation before a notary is not a minor issue—it is perjury, a criminal offense.
Under Massachusetts law:
- Anyone who knowingly lies in a sworn statement, affidavit, or jurat notarized by a notary public can be charged with perjury.
- Perjury is a serious felony, punishable by fines, probation, or imprisonment.
