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Archive for December, 2011

PUBLIC NOTARIES | What Is A Notary Public?

Tuesday, December 27th, 2011

WHAT IS A NOTARY PUBLIC?
A responsible person appointed by state government to witness the signing of important documents and administer oaths.

WHY ARE DOCUMENTS NOTARIZED?
To deter  fraud.  An impartial witness (the Notary) ensures that the signers of documents are who they say they are and not imposters.

MAY ANY DOCUMENT BE NOTARIZED?
For a document to be notarized, it must contain:  1) text committing the signer in some way; 2) an original signature (not a photocopy) of the document signer; 3) a notarial certificate which may appear on the document itself or an attachment.  The Notary Public fills in the certificate, signs it, and then applies his or her notary seal to complete the notarization.

IS NOTARIZATION REQUIRED BY LAW?
For many documents, yes.  Certain affidavits, real estate deeds and other documents may not be legally binding unless they are properly notarized.

HOW DOES A NOTARY IDENTIFY A SIGNER?
The Notary will ask to see a current identification document that has a photograph, physical description and a signature, such as a driver’s license, military ID, or passport.

HOW MUCH DO NOTARY SERVICES COST?
Fees vary.  As much as $10 in some states and as little as 50 cents in others, according to state law.

DOES NOTARIZATION MEAN THAT A DOCUMENT IS TRUE OR LEGAL?
No.  Notaries certify the identity of the signer.  The signers are responsible for the content of the documents.

MAY A NOTARY GIVE LEGAL ADVICE OR DRAFT DOCUMENTS?
Absolutely not.

MAY A NOTARY REFUSE TO SERVE PEOPLE?
Only if the Notary is uncertain of a signer’s identity, willingness, or general competence, or has a good reason to suspect fraud.  Discrimination on any basis is not a suitable policy for a public official.

WHERE DO I REPORT ILLEGAL OR IMPROPER ACTS BY A NOTARY?
Any wrongdoing or illegal activity should be reported to law enforcement or to the appropriate state Notary-regulating office (secretary of state, governor, lieutenant governor or attorney general.)

Jane M. Jones, RMR, CRR
Brown & Jones  Court Reporting
Managing Owner

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