Notary
A notary, or notary public, is a public official appointed by state governments to perform specific legal acts known as notarial acts. The primary role of a notary is to notarize documents, which involves witnessing the signing of documents, verifying the identity of the signer, and ensuring that the signer comprehends the document's content and is signing voluntarily. Notaries must be physically present with the signer during this process. Additionally, notaries may administer oaths or affirmations to individuals providing sworn testimony outside of court, often in deposition settings. They also have the authority to certify copies of original documents in some states. Notaries are expected to carry out their responsibilities impartially and respectfully, and their commissions typically last between two to ten years, depending on the state. Fees for notarial services vary by state, but they are generally modest. Overall, notaries serve a critical role in facilitating legal processes and ensuring the authenticity of documents.
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Notary
A notary, also known as a notary public, is a public official who performs various acts. The most common acts, called notarial acts, include notarizing documents, administering oaths or affirmations to deponents during depositions, and certifying copies. The state government appoints notaries, and notaries can only perform their duties in their appointed state. Furthermore, a notary's appointment, or commission, expires after a period that varies by state, usually lasting between two and ten years. Notaries are expected to carry out their duties in a respectful, impartial manner.
Overview
Notaries date back to ancient Egypt. Back then, they were called scribes. Today, notaries serve the public by carrying out several notarial acts.
The most common notarial act that a notary performs is notarizing documents, which means the notary serves as a witness during the signing of documents such as wills, property deeds, and contracts. This act occurs only when both the notary and the signer of the document are physically present. It requires the notary to perform several duties. The notary confirms the identity of the signer and the authenticity of his or her signature. Additionally, the notary verifies that the signer understands the contents of the document. The notary also confirms that the signer has signed the document of his or her own free will, without coercion. Some documents, such as applications and affidavits, also require the notary to administer an oath or affirmation to the signer. In these situations, the signer swears or affirms that the document's contents are true.
The notary then fills out the notarial certificate, which is the part of the document that records the notarial act being performed. The notary then signs the certificate and places a notary seal on it. A notary seal, also called a notary stamp, is an inked stamp that includes the notary's name, his or her state of commission, and the expiration date of the commission.
Once the notary completes all of these duties, the document is said to be notarized. The notary may charge a fee for notarizing the document. The maximum fee the notary is permitted to charge varies by state. In most states, the maximum fee is a few dollars.
Another common notarial act is administering oaths or affirmations to deponents during depositions. A deposition is sworn testimony that an individual gives outside of court that is often used later during a trial. A deponent is the individual who gives this testimony. Generally, only court reporters who are also notaries perform this notarial act. A court reporter is a professional who records and transcribes testimony. During a deposition, the court reporter administers an oath or affirmation to the deponent before he or she gives testimony.
Copy certification is another common notarial act in some states. With this act, the notary makes a photocopy of an original document or simply witnesses the photocopy being made. The notary then signs and seals the photocopy's certificate.
Bibliography
"Basic Notarial Duties." American Society of Notaries, www.asnnotary.org/?form=basicduties. Accessed 5 Oct. 2016.
"Everything You Need to Know about Your Notary Seal Stamp or Seal Embosser." National Notary Association, www.nationalnotary.org/knowledge-center/about-notaries/stamp-seal-information#SealDefinition. Accessed 5 Oct. 2016.
"Hotline Tip: What Is a Deposition?" National Notary Association, 4 Apr. 2011, www.nationalnotary.org/notary-bulletin/blog/2011/04/hotline-tip-deposition. Accessed 5 Oct. 2016.
"Notary." Investopedia, www.investopedia.com/terms/n/notary.asp. Accessed 5 Oct. 2016.
"Notary Terms and Definitions." American Society of Notaries, www.asnnotary.org/?form=termsanddefinitions. Accessed 5 Oct. 2016.
"What Is a Notary Public?" National Notary Association, nationalnotary.org/file library/nna/reference-library/whatnotary.pdf. Accessed 5 Oct. 2016.
"What Is Court Reporting?" CourtReporterEDU.org, www.courtreporteredu.org/what-is-court-reporting. Accessed 5 Oct. 2016.
"What It Means to Be a Public Official." National Notary Association, www.nationalnotary.org/knowledge-center/about-notaries/being-a-public-official. Accessed 5 Oct. 2016.