Authenticate Your Documents

What is a Notary Public?

A Notary Public is an official designated by state government to act as an impartial witness in notarizations. As ministerial officials, they are required to adhere strictly to statutory rules, without exercising significant personal judgment.

Notaries Public play a crucial role in certifying the proper execution of important documents for individuals. This includes transactions such as real estate deals, powers of attorney, prenuptial agreements, and various other activities that are essential for the smooth operation of our civil society.

Key Takeaways

  • A notary is an impartial witness to the signing or authentication of a legal document.
  • Examples in which notaries are required include real estate deeds, affidavits, wills, trusts, and powers of attorney.
  • Notaries must be at least 18 years old and reside in the state where they are licensed.
  • The National Notary Association (NNA) is a good resource for education and information about notaries.

Understanding the Role of a Notary

A notary—also referred to as a notary public—can be used to create trusted documentation or that a transaction occured and was officially recorded. For a document to be notarized, it must contain a stated commitment. The document must also contain original signatures from the parties involved.

Before signing a document, notaries ask for photo identification from the participating parties. A notary can refuse to authenticate a document if they are uncertain about the identity of the signing parties or if there is evidence of fraud. The document then receives a notarial certificate and the seal of the notary who witnessed the signings.

  • Important: Notaries cannot refuse to witness a document based on race, nationality, religion, or sex.

Notary Public Resposibilities

Notaries perform notarizations, or notarial acts, to deter fraud and establish that the signer understands the document they’re signing and that they’re a willing participant in the transaction.

There are two primary responsibilities of Notaries: 1) Validate the signer’s identity and 2) Confirm the signer’s willingness and awareness to sign the document or complete the transaction.

Generally, a Notary will ask for a current form of identification that has a photo, physical description and signature. Acceptable IDs usually include a driver’s license or passport.

Notaries will confirm both the signer’s willingness to sign the document and their awareness of its implications. On occasion, Notaries encounter individuals who are being forced to sign a document or whose health condition impairs their decision-making abilities. This is why Notaries are essential to preserving the public trust, as they ensure the integrity of documents while protecting the rights of all parties involved.

Some notarizations require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct.

Article Sources

  1. National Notary Association. https://www.nationalnotary.org/