A notary public is a public servant appointed by a state
official. The general focus of his or her job is to witness the
signing of documents and administer oaths. They serve to deter
fraud, appearing as an impartial witness for legal documents such as
affidavits, deeds or powers of attorney. The presence of a notary
public helps to screen for imposters and make sure both parties are
entering into an agreement knowingly and willingly.
Historically, notary publics date back many centuries to the
Roman Empire. Originally, they where chosen by the Pope, who would
delegate his powers of appointment to the Archbishop of Canterbury.
Certain legal documents require the presence of a notary when
they are signed. Other times private companies or individuals may
employ the services of a notary in order to strengthen the validity
and protect participating parties from fraud.
Some states require that the notary public be present at the time
of a document’s signing to be acknowledged as valid, but it is more
often the case that the individual must simply appear before the
notary and give proof of identity to have a document notarized.
For proof of identification, a notary typically requires a
document with photo, description and signature. Common examples
would be a driver’s license, passport or military ID.
Despite the fact that notary publics often deal with sensitive
legal documents, they are not licensed to give legal representation,
counsel or services in any way. Therefore they can have no part in
the preparation of any documents to be notarized.
For those seeking to become a notary public, obtaining a license
is a fairly simple task. Individuals require little special training
or prior knowledge, and are only required to pass a test and undergo
some form of background check, although, specific laws governing the
appointment of notaries can vary from state to state. For example,
some states require that a candidate receive his or her appointment
directly from the legislature. Others may require that a notary be a
citizen of the United States before granting a license.
Because of the differing laws governing notary publics, there
have been many incidences where individuals claiming to be notaries
have taken advantage of this ambiguity, scamming unsuspecting
individuals. This is especially common in cases of immigrants
seeking citizenship in the U.S. Due to the perceived similarity
between a notary public and Notario Publico, a high ranking Latin
position that is permitted to draft documents, give legal advice and
hold other powers not available to a U.S. notary, individuals may
allow a notary to perform tasks he or she is not legally qualified
to undertake.
In summary, the basic role filled by a notary public is that of
an impartial witness. Contrary to popular belief, notarization does
not make a document any more “legal” than it was prior. It simply
means that the signer has acknowledged to the notary that he or she
has signed the documents, and the contents are true.
Notary
Public Info provides detailed information about how to become a
notary public, plus notary public classes, supplies, services
locations, and more. Notary Public Info is the sister site of
Paralegals Web.