What is a Notary Public?

A Notary Public is an official of integrity appointed by state government typically by the secretary of state to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as “ministerial” officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a “judicial” official.

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What does a Notary Public do?

A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary Public to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary. Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary’s screening tasks have not been corrupted by self-interest.

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Why Are Notaries And Notarizations Necessary?

Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they’re signing, and that they’re a willing participant in the transaction.

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How Does A Notary Public Identify A Signer?

Generally, a Notary Public will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver’s license or passport (passports from other countries are also valid).

 

What A Notary Is Not...

Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge or high-ranking official. A U.S. Notary is not the same as a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country. Notaries in the United States should be very clear about what they can or cannot do to serve immigrants the right way and steer clear of notario issues.

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What are some types of Notarizations performed at No Hassle Notary Public & Apostille?

1. Acknowledgments: Ensure that the signer of a document is who he or she claims to be and has voluntarily signed the document.

2. Jurats, Verifications And Affidavits: Their purpose is to require a signer to swear or affirm that the contents of a document are true. Depending on the state, this act is known as a jurat, a verification on oath or affirmation or an affidavit.

3. Oaths/Affirmations: In some cases, a client may simply need you to administer an oath or affirmation orally, rather than as part of a jurat, verification, affidavit or other written document. The purpose of administering a verbal oath or affirmation is, again, to compel a client to truthfulness.

4. Copy Certification: confirms that a reproduction of an original document is a “full, true, and accurate transcription or reproduction” of the original.

5. Signature Witnessing: Certifying that the individual appearing before the Notary Public is who he or she claims to be, and the signature on the record is the signature of the individual before the Notary Public.

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