MS Administrative Rules 2022 (Oath and Affirmation)
Rule/Regulation
Summary
Mississippi's administrative rules for Notaries have been amended to include definitions of the terms "oath" and "affirmation."
Affects
Amends Rule 1.2 of Title 1, Chapter 50, Part 5 of the Mississippi Administrative Code.
Changes
- Defines "affirmation" to mean a notarial act, or part of a notarial act, which is legally equivalent to an oath and in which an individual at a single time and place: (a) appears in person before the Notary; (b) is personally known to the Notary or identified by the notary through satisfactory evidence; and (c) makes a vow of truthfulness or fidelity on penalty of perjury, based on personal honor and without invoking God or using any form of the word "swear."
- Defines "oath" to mean a notarial act, or part of a notarial act, which is legally equivalent to an affirmation and in which an individual at a single time and place: (a) appears in person before the Notary; (b) is personally known to the notary or identified by the notary through satisfactory evidence; and (c) makes a vow of truthfulness or fidelity on penalty of perjury while invoking God or using any form of the word "swear."
AnalysisIn the latest amendment to Mississippi's Notary Public administrative rules, the Secretary of State adds definitions of the terms "affirmation" and "oath." These definitions are taken straight out of the NNA's Model Notary Act of 2010. These rules implement Mississippi's Revised Uniform Law on Notarial Acts (RULONA). In the Act, Mississippi Notaries can administer oaths and affirmations and perform "verifications on oath or affirmation." These notarial acts are not defined under the RULONA. In addition, the terms "affirmation" and "oath" are used numerous times throughout the administrative rules in defining the Notary's duties. Thus, providing definitions of these terms was deemed to be an important addition to the rules.
Read the adopted administrative rules.