There are various formal fraud-deterrent acts relating to the signing of essential papers that a Notary Public is chosen to execute as an impartial witness by the state government — often by the secretary of state. Notarizations, or notarial actions, are the official names for these types of legal oaths. “ministerial” officials, such as notary publics, must obey written rules without the use of extensive personal judgment, unlike “judicial” officials, who are expected to exercise considerable discretion.

What does a Notary do?

A Notary’s job is to verify that the people signing essential documents are who they say they are, that they are not under pressure or coercion, and that they are aware of what they are signing. Under oath, the Notary declares that the information contained in a document is genuine and correct under penalty of perjury in some notarizations. Examples of papers that frequently require a Notary include property deeds, wills, and powers of attorney.

The public’s faith in the Notary’s impartiality is rooted in this principle. They have a moral obligation not to act in ways that benefit their own interests. The public is confident in the Notary’s ability to perform his or her duties free of bias. A Notary cannot refuse service to anyone based on their race, ethnicity, religion, politics, sexual orientation or status as a non-customer.

Many of the most important life-changing documents are signed by Notaries Public, who serve as official representatives of the state and certify the proper execution of many of the transactions that take place in the private lives of our residents.

Why are Notaries and notarizations necessary?

Notarization helps to prevent fraud and prove that the signer is aware of the document they are signing and willingly participates in the transaction through the process of notarization.

How does a Notary identify a signer?

In most cases, Notaries will request a current ID that includes a photo, physical description, and signature. A driver’s license or passport is commonly accepted as identification.

What a Notary is Not

A U.S. Notary Public is not an attorney, judge, or other high-ranking authority, as is the case with Notaries in other nations. Immigrants may find it difficult to understand the difference between a U.S. Notary and a Notario Publico when they contact Notaries in the United States. In order to assist immigrants properly and avoid notario difficulties, notaries in the United States should be extremely explicit about what they can or cannot do there.

Becoming a Notary Public

It is possible to become a Notary public in your state if you meet all of the state’s prerequisites and follow all of its processes in commissioning. In most states, you’ll need to fill out an application, pay a fee, take a training course or pass an exam, file a bond and oath of office, and purchase Notary supplies before you can become a Notary public.