What is a Notary

What is a Notary Public?

A Government Official

A Notary Public is a government officer and public servant who serves as an impartial witness in talking acknowledgments, administering oaths and affirmations, and performing other acts authorized by law. These official acts are called notarizations or notarial acts.

When documents are notarized, the public can be assured that its signer is not an impostor and any contracting parties can be assured that the document they have signed will have full force and effect.

A notarized document is considered "self-authenticating." The same is true under the rules of evidence in effect in each state.

When a document is self-authenticating, the signers of the contract do not need to testify in court to verify the authenticity of their signatures. That saves a lot of time and money. Having a document notarized is, "a huge strategic advantage" in litigation.

Accountable to the People of the State

In the United States, state laws define the Notary's powers. State statues also set the boundaries of the Notary's appointment. The general rule is that each jurisdiction appoints state residents as Notaries who may notarize documents only within the physical boundaries of the state.

The public official status of the Notary Public also obligates the Notary to serve all members of the public without regard to the signer's race, nationality, ethnicity, citizenship, religion, politics, lifestyle advance age, disability, gender or sexual orientation.

Notaries are not required to investigate the transactions they notarize with the possible exception of scanning the document's text for completeness. The scanning process helps uncover incomplete spaces that could be exploited for fraud.

The Notary should carefully consider the implications of a possible disqualifying interest prior to notarizing a document for a person in any close relationship with the Notary (e.g. a "significant other") and decline the notarization if even an appearance of partiality exists.

Personally Appear

The document signers must personally appear in the Notary's presence at the time of notarization is arguably the preeminent principle of notarization. Waiving personal appearance for any reason is unacceptable, without a personal appearance the Notary will never know if the signature was made willingly. The signer may have been coerced to sign against his or her will.

Personal appearance before a notary means, a notary is physically close enough to see, hear, communicate with, and receive identification documents from a principal and any required witness. All signatures must be performed in front of the notary. Each signer must present a valid unexpired government-issued photo ID, such as a Driver's license or non-driver's ID or current passport.

When to Use a Notary Public?

Why Use a Notary

Using a notary public can help lower the risks of doing business, Low Cost, Helps Prevent Fraud and Can Help in Collections.

Having certain papers notarized also is important when disputes are litigated; affidavits, which are sworn statements, will not be considered by a court unless they are notarized.

A notary public helps keep business moving by giving you a very affordable extra layer of security against fraud and breach of contract. Notarizing business agreements lets you concentrate on getting the job done. While the duties of public notaries might be simple to execute, they are extremely important.

The official signature and/or embossing stamp automatically makes a document 'true and legal'. The truth is, a notary public cannot give legal advice to anyone, only a licensed attorney.

A notary witness the signing of the documents and ask each party for a sworn oath of authenticity. The document itself could still be declared fraudulent or unenforceable later in court proceedings. A notary public can only attest to the identities of the signatories and their own affirmations of authenticity at the time of notarization.

When to Use a Notary

Some examples of the kind of transactions that may require the services of a notary are:

Adoption Papers
Advanced Healthcare Directive
Affidavit of Identity
Consent to Travel Documents (for Minors)
Deed of Trust or Mortgage Grant
Durable Power of Attorney for Health Care
Irrevocable Trust or Living Trust
Last Will & Testament or Living Will
Safety Deposit Box Verification
Selling a House or Other Real Property that is Registered with the State
Selling a Vehicle
Transferring Financial Power of Attorney
Passport Applications

Three Major Kinds of Notarial Act

Acknowledgments

The Acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of notarization to be positively identified and to declare (“acknowledge”) that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect exactly as written.

Jurats

Acknowledgments

The Jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. (An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one’s personal honor.) A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful.

Certified Copies

Acknowledgments

Certified Copies

The Copy Certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of original document.

What is a Notary Public?

A Government Official

Accountable to the People of the State

Personally Appear

Disclaimer

When to Use a Notary Public?

Why Use a Notary

When to Use a Notary

Disclaimer

Three Major Kinds of Notarial Act

Acknowledgments

Acknowledgments

Acknowledgments

Jurats

Acknowledgments

Acknowledgments

Certified Copies

Acknowledgments

Certified Copies

Disclaimer