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A Notary’s duty is to screen the signers of important documents — such as property deeds, wills and powers of attorney — 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 to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct.
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. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer.
As official representatives of the state, Notaries Public certify the proper execution of many of the life-changing documents of private citizens — whether those diverse transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the multitude of other activities that enable our civil society to function.
There are a number of official documents that require a notarized signature. Only a Notary can perform this service. The Notary witnesses your signature and verifies that s/he confirmed your identity and that you were the person who signed the document. One of the most common times individuals encounter notaries is during a closing on a house. Home mortgage closings feature a number of legal documents which must be signed, and those signatures must be witnessed. A Notary Public can witness and certify the signatures on these important documents.
Notarization: The Role of the Notary
Notarization is the official fraud-deterrent process that assures the parties of a transaction that a document is authentic, and can be trusted. It is a three-part process, performed by a Notary Public, that includes of vetting, certifying and record-keeping. Notarizations are sometimes referred to as “notarial acts.”
Above all, notarization is the assurance by a duly appointed and impartial Notary Public that a document is authentic, that its signature is genuine, and that its signer acted without duress or intimidation, and intended the terms of the document to be in full force and effect.
The central value of notarization lies in the Notary’s impartial screening of a signer for identity, willingness and awareness. This screening detects and deters document fraud, and helps protect the personal rights and property of private citizens from forgers, identity thieves and exploiters of the vulnerable. Every day the process of notarization prevents countless forged, coerced and incompetent signings that would otherwise overwhelm our court system and dissolve the network of trust allowing our civil society to function.
The Notary’s screening of the signer for identity, volition and awareness is the first part of a notarization.
The second part is entering key details of the notarization in the Notary’s “journal of notarial acts.” Keeping such a chronological journal is a widely endorsed best practice, if not a requirement of law. Some states even require document signers to leave a signature and a thumbprint in the Notary’s journal.
The third part is completing a “notarial certificate” that states exactly what facts are being certified by the Notary in the notarization. Affixation of the Notary’s signature and seal of office on the certificate climaxes the notarization. The seal is the universally recognized symbol of the Notary office. Its presence gives a notarized document considerable weight in legal matters and renders it genuine on its face (i.e., prima facie evidence) in a court of law.
This varies from state to state; however, a common term for a notary commission is about five years.
A notary’s stamp or embossed seal will remain valid even if the notary’s commission long as a notary’s commission was valid when a document was stamped or affixed with an embossed seal
Even though the notary stamp does not expire, it is possible for the letter or document may expire. Take a look at the document and see if there is a deadline by which it has to be submitted.
Are scanned documents legal? Even though you can physically scan a notarized document, this does not necessarily mean the other party is going to accept it. If you are planning on scanning a notarized document, you should reach out to the other party ahead of time to see if he or she will accept it.
Even though you are able to email a notarized document, this does not necessarily mean it is going to be accepted. If you plan on submitting a notarized document this way, you should reach out to the other person ahead of time to make sure they will accept it.
Yes, most notaries are able to notarize documents even if that document comes from another state. Notaries are geographically limited regarding where they can notarize documents, not necessarily where the documents come from.
The process of notarizing a document itself does not take that long; however, it may be difficult for you to find a notary who can help you. If you decide to get your documents notarized virtually, you may be able to save a lot of time.
If notarization is required and not completed, the document will likely not be accepted by the party requesting a notarial witness. For example, a Kansas Durable Power of Attorney cannot be enforced without a notary public verifying the principal’s identity and witnessing their signature.
The time required to notarize documents can vary and is dependent on how many signatures are required or if there is more than one document to be notarized during an appointment. A notary must perform a final check of any/all document(s) to ensure that signatures and dates are complete/accurate as well as making sure all notarial entries are complete and accurate; a notary must also complete any journal entries at the time of the appointment.
A notary is commissioned by their Secretary of State or Governor’s office for a term of four years.