What You Need to Know About Notary Services
Notary services are provided by a notary public, an official authorized by the government to act as an impartial witness during the signing of important documents. The purpose of notary services is to deter fraud and ensure that the parties involved in a transaction are who they say they are, and that they agree to the terms of the document being signed. Here’s what you need to know:
Key Functions of a Notary Public:
Witnessing Signatures: A notary public ensures that the signatures on legal documents are authentic. They verify the identity of the signers through government-issued ID or other means.
Administering Oaths and Affirmations: A notary may ask the signer to swear or affirm that the information in the document is truthful and accurate.
Certifying Copies of Documents: A notary may be authorized to certify that a copy of a document is a true copy of the original.
Acknowledgements: The notary confirms that the signer understands the contents of the document and is signing it willingly.
Jurat: In a jurat, the notary ensures that the signer swears to or affirms the truthfulness of the document's contents. It involves both witnessing the signature and administering an oath.
Documents That Often Require Notary Services:
Real estate transactions (deeds, mortgages)
How Notary Services Work:
Identification: The notary will ask to see a valid form of identification to confirm your identity, such as a passport, driver’s license, or other government-issued ID.
Sign in the Notary’s Presence: The document must be signed in the notary's presence. In some cases, if you’ve already signed the document, you may need to re-sign it in front of the notary.
Notarial Seal: The notary will then apply their official seal or stamp to the document. This seal confirms that the notary has witnessed the signature and verified the identity of the signer.
Record Keeping: The notary will often keep a record of the transaction, including the type of document, the names of the signers, and the date of the notarization.
Acknowledgements: You declare that you willingly signed a document.
Oaths/Affirmations: You swear that the information provided in a document is true.
Copy Certification: The notary certifies that a copy of an original document is accurate.
Signature Witnessing: The notary witnesses you signing a document in their presence.
Where to Find Notary Services:
Banks and Financial Institutions: Many offer notary services, often free for customers.
Courthouses: Public notaries are available in many local courts.
Shipping and Office Supply Stores: Many UPS, FedEx, and similar locations provide notary services.
Online Notary Services: Some jurisdictions allow remote online notarization where documents can be notarized digitally over a video call.
The fees for notary services vary by region and the type of document. Some notaries charge per signature, while others may charge per notarial act. In the U.S., many states set a maximum allowable fee that notaries can charge.
When You Might Need a Notary:
Buying or selling property
Creating legal agreements (like a power of attorney)
Dealing with international documents (e.g., an apostille for documents used abroad)
Limitations of Notary Services:
Legal Advice: Notaries cannot provide legal advice unless they are licensed attorneys.
Notarization Without Personal Appearance: In many jurisdictions, notaries must see the person signing the document in person unless remote notarization is allowed.
In summary, notary services provide a way to validate important documents, ensuring that they are legally binding and that all parties involved are properly identified.