Notary Public: Duties, Jobs & How to Define Notaries

  • By NotaryCam

  • 19 June, 2024

Notaries are the unsung heroes of the legal world. They play a crucial role in ensuring the legitimacy of important documents, deterring fraud, and serving as impartial witnesses.

But what exactly is a notary public? What do they do, and how can one become one? The answers are here to define notaries once and for all.

What is a Notary Public?

The term “notary public” is familiar to many, but what do they actually do? Getting documents notarized is a common requirement, whether it’s for buying a house or obtaining a passport.

So, what exactly is a notary public? In simple terms, a notary public is an official appointed by the state government to serve as an impartial witness. Their main job is to verify the identity of the people signing important documents and ensure they’re doing it willingly, which helps deter fraud and ensures everything is above board.

Duties of a Notary Public

A notary public wears many hats, but their primary duties include:

  • Administering oaths and affirmations
  • Taking acknowledgments
  • Witnessing signatures
  • Certifying copies of documents

Basically, if you need an official to verify that a document is legit, a notary public is your go-to person. One of the most common notarial acts is an acknowledgment. This is where the notary confirms that the person signing a document is who they say they are and that they’re signing of their own free will.

Certified Copies

Another typical duty for notaries is certifying copies of documents. This means verifying that a copy of a document is a true and accurate reproduction of the original. For example, getting a certified copy of a college diploma requires a notary to check that the copy is identical before stamping it with their seal of approval.

Common Misconceptions About Notaries

There are several common misconceptions about notaries and their role in the notarization process. Here are a few:

  • Myth: Notaries are only needed for complex legal documents. Reality: Notaries are required for a wide range of documents, including powers of attorney, wills, and property deeds, as well as everyday documents like affidavits and contracts.
  • Myth: Notaries can provide legal advice. Reality: Notaries are not licensed to provide legal advice and should not be asked to interpret the contents of a document or offer guidance on legal matters.
  • Myth: Notaries can witness signatures remotely. Reality: In most cases, notaries must witness signatures in person, as this is a critical part of the notarization process.
  • Myth: Notaries are only used for business purposes. Reality: Notaries are used for a wide range of personal and business purposes, including estate planning, real estate transactions, and more.
  • Myth: Notaries are the same as lawyers. Reality: Notaries and lawyers are two distinct professions with different roles and responsibilities. While lawyers provide legal advice and representation, notaries serve as impartial witnesses to the signing of documents.

The Notarization Process with a Notary Public

So, what actually happens when you get something notarized? It’s not as complicated as you might think. First, the notary needs to verify the identity of the person signing the document.

This is usually done by checking a government-issued ID like a driver’s license or passport. The notary confirms the identity of the signer by reviewing the ID, a simple but important step to prevent fraud.

Confirming Willingness and Awareness

The notary will also make sure the signer is willing to sign and that they’re aware of what they’re signing. They might ask the signer if they understand the document and if they’re signing under their own free will. This is another layer of protection to ensure no one is being coerced or tricked into signing something they don’t want to.

Signing and Notarizing

Once the notary has confirmed the signer’s identity and willingness, the signer will sign the document in the notary’s presence. The notary will then sign and stamp the document with their official seal, indicating that the signature is genuine and the document has been properly notarized.

Key Takeaway: 

Notaries public play a key role in fighting fraud by verifying identities and ensuring signers understand and willingly sign documents. From buying homes to getting married, they’re involved in life’s big moments.

Why You Need a Notary Public When Notarizing a Document?

A notary public plays a crucial role in the notarization process, serving as an impartial witness to ensure the authenticity and legitimacy of important documents. Here are some reasons why you need a notary public when notarizing a document:

  • Verification of Identity: A notary public verifies the identity of the signer to prevent fraud and ensure that the person signing the document is who they claim to be.
  • Willingness and Awareness: A notary public confirms that the signer is willing to sign the document and is aware of its contents, ensuring that the signer is not being coerced or tricked into signing something they don’t want to.
  • Impartial Witness: A notary public serves as an impartial witness to the signing of the document, providing an added layer of security and authenticity.
  • Official Seal: A notary public’s official seal is affixed to the document, indicating that the signature is genuine and the document has been properly notarized.
  • Legal Compliance: In many cases, notarization is required by law, and a notary public ensures that the document is executed in compliance with relevant laws and regulations.

By involving a notary public in the notarization process, you can ensure that your important documents are executed correctly, securely, and in compliance with the law.

Importance of Notaries in Specific Industries

Notaries play a crucial role in various industries, serving as impartial witnesses to ensure the authenticity and legitimacy of important documents. Here are some examples of the importance of notaries in specific industries:

  • Real Estate: Notaries are essential in the real estate industry, as they witness the signing of property deeds, mortgages, and other documents related to property transactions.
  • Finance: Notaries are used in the finance industry to witness the signing of loan documents, mortgages, and other financial agreements.
  • Healthcare: Notaries are used in the healthcare industry to witness the signing of advanced directives, living wills, and other healthcare-related documents.
  • Law: Notaries are used in the legal industry to witness the signing of legal documents, such as wills, trusts, and powers of attorney.
  • Government: Notaries are used in government agencies to witness the signing of official documents, such as passports, visas, and other government-issued documents.
  • E-commerce: Notaries are used in the e-commerce industry to witness the signing of online documents, such as digital contracts and agreements.

In each of these industries, notaries play a vital role in ensuring the authenticity and legitimacy of important documents, and their presence helps to prevent fraud and ensure compliance with relevant laws and regulations.

FAQs in Relation to Define Notaries

What is a notary simple definition?

A notary public acts as an impartial witness to sign important documents, helping to deter fraud.

What is a notarized person?

A “notarized person” isn’t the correct term. Instead, we say someone’s document got notarized when verified by a notary.

What’s the meaning of notarize?

To notarize means having a document certified for its authenticity and signer’s identity by a licensed official—aka, the notary.

What is the meaning of notarial?

“Notarial” refers to anything related to a notary’s work, like witnessing signatures or certifying copies of legal papers.

Conclusion

So there you have it – we’ve learned how to define notaries. These public officials play a crucial role in our legal system, from deterring fraud to being impartial witnesses. They’re the ones who make sure life’s most important documents are the real deal for all parties involved.

Whether you need a document notarized or you’re thinking of becoming a notary yourself, now you know what it’s all about. Notaries are more than just a properly executed stamp and a signature. They’re the guardians of truth in a world full of fraud.