What is a Notary
Government Official
A Notary Public is a government office and public servant who serves as an impartial witness in taking acknowledgements, administering oaths and affirmations, and performing other acts authorization by law. These office acts are called notarizations or notarial acts.
When documents are notarized, the public can be assured that its signer is not an imposter and any contracting parties can be assured that the document they have signed will have full force. A notarized document is considered "self-authenticating." 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. Having a document notarized is an advantage in litigation.
Accountable to the Commonwealth/State
In the U.S., state laws define Notary Public's power. Commonwealths and State set statues and boundaries for the appointment of a Notary Public. The general rule is that each jurisdiction appoints Commonwealth or State residents as Notary Publics who may notarize documents within the physical boundaries of that Commonwealth or State.
The public official status of the Notary Public also obligates the Notary Public to serve all members of the public without regard to the signer's race, nationality, ethnicity, citizenship, religion, politics, disability, lifestyle, gender or sexual orientation. Notary Publics are not required to investigate the transaction that is being notarized other than reviewing the documents for completeness. The review process is to help incomplete documents and help prevent fraudulent documents.
A Notary Public witnesses the signing of documents and ask each party for a sworn oath of authenticity. The document itself could later be declared fraudulent or unenforceable by court proceedings. A Notary Public attests to the identifies of the signatories and their own affirmations of authenticity at the time of the notarization.
When is a Notary Public Needed?
A Notary Public helps prevent fraud, lower risks of doing business and can help with collections. Having documents notarized is important during litigation disputes and with affidavits, which the court will not consider unless they are notarized. Notarizing business agreements, protects businesses against fraud or breach of contract..
The official signature and embossing stamp automatically makes a document "true and legal." However, a Notary Public cannot draft legal documents, give legal matters, including immigration or charge a fee for those activities. If you need legal advice or services, please contact a licensed attorney.
Examples of Transactions that may Require Notarizations
Real Estate Transactions
Deed of Trust/Mortgage
Power of Attorney
Last Will and Testament/Living Will
Irrevocable Trust/Living Trust
Adoption
Transferring a Vehicle
Identity Affidavit
Passport Applications
Consent to Travel Documents