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[Music] okay so today i want to show you all how to administer an oath if you're already a current notary public i assume that you know this but i'm coming up against and reading a lot of articles saying that notaries are not administrating oh if we have to remember what our primary duty and function is as a notary and not in ministering oakland required could cost you your notary commission okay so very simply when you're notarizing a document that requires an oath you very simply ask the customer to raise their right hands and you swear under penalty of perjury that everything in this document is true and correct yes i do it's just that simple you all not administering this simple simple oath could cost you your notary commission and i'm going to talk a little bit further about an article that i read recently from the nna just to give you an example of how serious this is so make sure you're administering your no oath excuse me when required okay i'll holler at you next time make sure you like share subscribe and let's talk about this in the comments all right peace hello hello hello you all welcome back so today i want to continue the conversation about the importance of administering the oath as you just saw at the start of this video i did a quick sample of what a menstruating oath is it takes seconds literally not doing this oath or skipping over this step could cost you your notary commission so you definitely don't want to take that chance and i want to share with you all the most recent article that came out from the nna hopefully you all are reading these emails the nna sends great emails out make sure that you're opening them and reading them because they have great information that is important to our business okay so uh this interview as you can see this person is in handcuffs a little dramatic but hey it can happen so this was updated october 20th and it says shortcuts may save time but rarely save the notary whose notarization comes into legal question take your time follow the right steps and avoid potential misconduct and i just want to pause right there and say it is easy sometimes to take a shortcut you're in a rush you have a lot of appointments and you feel like oh this little step isn't as isn't important let me just skip over it just please get that out of your mind every step is important our first job as notaries is to follow notorious law so don't ever skip over a step that is essentially you breaking the notary law of your state okay so it goes on to say it's all it's an all too common occurrence skipping a step in a notarization especially if it doesn't seem to be important this is basically what i just said and you're dealing with your boss oh gosh so but it is the kind of situation that should be avoided like the plague because it could land you in more trouble than you want including possible criminal charges okay in this case we're going to talk about today the nna highlighted the case in question involved in notary who worked for the owner of a business and performed notarizations as part of her job the owner decided to apply for an appointed position with a government agency and filled out the required application including an attached supporting affidavit the owner handed the sign application affidavit to the notary employee who filled out a giraffe certificate but did not administer the oral oath or affirmation this is an absolute no-no if you're filling out a giraffe certificate you have to administer the oath so notaries are required by law to administer oral oaths or affirmations when performing jarratt's or verifications on an oath or affirmation when the certificate says it has to it has been signed and sworn too those are the trigger words right there you guys signed and sworn to or word to that effect the notary is required to administer an oral oath or affirmation no exact language is prescribed for the oath or affirmation so i asked this question of the document signer do you solemnly swear or affirm subject to the law of perjury that the information contained in this document is true and correct this the signer should answer orally yes okay very simple in addition almost all states have laws that make it official misconduct or something comparably titled for public officials including notaries to fail to carry out their official duties and that could include a willful willful or negligent failure to administer a required oral oath or affirmation the lie and the risk to the notary it was discovered that the business owner had lied on the application about some important background information the local prosecutor charged the boss with the felony crime of perjury for lying in the affidavit then the prosecutor considered charging the notary with official misconduct the notary was granted immunity to get her cooperation and she admitted that she failed to administer the required oral oath or affirmation i was asked by a defense counsel to provide my expert opinion about whether the business owner was guilty of perjury since no oral oath or affirmation had been administered unhesitantly i concluded that the boss had not committed perjury because the boss had not been placed under oath or affirmation so here it is because the notary did not administer the oath this person was found not to be guilty of perjury because they were never sworn in the boss had lied but not under oath ultimately the boss avoided prosecution for felony perjury and the notary avoided being charged with official misconduct although the notary had clearly failed in her duty nevertheless this experience was very bad for both the business owner and notary they were embarrassed by the negative publicity in the media they had to pay a lot of money for legal and expert services and they lost a lot of their time in the legal process even though the notary escaped criminal charges she faced disciplinary proceedings from the notary oversight agency which filed an administrative complaint against her that's something nobody wants in this business okay the lessons here this case illustrates several lessons for notaries know when a other affirmation is required and administer it orally if you are a notary and you do not know when an oath or affirmation is required i need you to go back to the drawing board okay but this is a key essential duty for us as notaries okay record the fact that an oral oath or affirmation was administered in your notary journal entry do not take shortcuts in performing notarizations for a boss or anyone else a close fan a family member your mother anybody don't don't do it okay be aware of the crime of official misconduct and avoid it like the plague i thought this was an amazing article and i really hope that it has provided some really important information for you all administer the oath you all it all costs you don't run you lose your notary commission and you definitely don't want to face criminal charges okay so until next time make sure you like share and subscribe and i will talk to you later bye