What is a Notary Public?
A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths.
Why are documents notarized?
Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.
How does a Notary identify a signer?
Generally, the Notary will ask to see a current identification document or card with a photograph, physical description and signature. A driver's license, military ID or passport will usually be acceptable.
Is notarization required by law?
For many documents, yes. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized.
With other documents, no. Private entities and individuals may require notarization to strengthen the document and to protect it from fraud.
May a Notary give legal advice or prepare legal documents?
Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.
Where can I report unethical or unprofessional Notaries?
Any wrongdoing or illegal activity should be reported to law enforcement and the appropriate Notary-regulating state official (typically the secretary of state, governor, lieutenant governor or attorney general). |