Powers and Duties: Oaths, Affirmations, Affidavits, Depositions
The core powers
A New York notary may (1) administer oaths and affirmations, (2) take affidavits and depositions, (3) receive and certify acknowledgments and proofs of execution, and (4) demand acceptance of bills of exchange and promissory notes and protest them for non-acceptance or non-payment. Every one of these may be performed anywhere in the state.
Oaths, affirmations, affidavits
An oath invokes a deity; an affirmation is a solemn declaration without religious wording. They have identical legal effect, and the notary must actually hear the person swear or affirm - a signature alone is not enough. An affidavit is the person's written statement; the notary's jurat certifies only that the affiant appeared, was identified, and swore to the truth of the contents. The notary does not vouch for accuracy and does not investigate facts.
Presence and capacity
For a jurat the affiant must sign in the notary's presence, and the notary must be satisfied as to identity and as to the person's willingness and competence. Refuse the act if the signer appears confused, coerced, or unsure, or if identity cannot be established.
Depositions
A notary may swear a deponent, but under CPLR 3113 the officer before whom a deposition is taken cannot be an attorney for a party, an employee of such an attorney, or a person financially interested in the action. A notary employed by the firm handling the case must decline.
Rule of thumb: a jurat needs presence plus a spoken oath; an acknowledgment needs appearance plus identification and an admission of execution.