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What is the consequence of failing to perform an oath or affirmation during a jurat?

  1. The notarization is still valid

  2. The notarization is void

  3. The signer can be prosecuted

  4. It depends on the type of document

The correct answer is: The notarization is void

The consequence of failing to perform an oath or affirmation during a jurat is that the notarization is void. A jurat specifically requires that the notary administer an oath or affirmation to the signer affirming that the contents of the document are true to the best of their knowledge. If this essential step is skipped, the legal requirement for the jurat is not met, which invalidates the notarization itself. This means that any claims based on the document could be challenged, as the integrity of the affirmation to truthfulness is a crucial component of the process. In contrast, other options like the notarization being still valid or depending on the type of document do not align with the legal standards set for jurats, which distinctly mandate that an oath or affirmation must take place for the notarization to hold effect. Prosecution of the signer, while a possible consequence of fraudulent behavior, is not directly related to the failure of a notary to perform an oath or affirmation.