Almost everyone in the United States has, at one time or another, had to have a document notarized. They probably do not know why someone they probably don't know has to witness them signing some piece of paper. This article should answer some of the more common questions that people have about Notaries Public. What is a Notary Public? In the simplest terms, this is a trained and licensed person who verifies that the person signing a document is, in fact, who they claim to be. The purpose of the Notary Public is to be an objective observer who has no personal interest in the proceedings, and who will not benefit in any way from the signing of the document. The Notary's job is to verify the signor's identity. If the Notary fails to do so somebody could very easily commit fraud, or commit forgery. The whole purpose of the Notary Public's job is to verify that the person who signs the document is the person whose name is typed or printed under the space for the signature.
The person who is having a document notarized, must personally appear in front of the Notary Public. This person must also present a government-issued photo ID card to prove that they are indeed who they say they are. These actions are necessary to prevent someone else from falsely, and therefore fraudulently, signing the document as someone else, who's name is on the document as the executor of the document. This verifies for everyone involved, and other interested parties, both now and at a later time, that the signature on the document is in fact the true, valid, signature of the person named as the executor of that document. Each State has it's own laws concerning who can be a Notary Public, the training required, the types of documents that can be notarized, the types of notarizations allowed in that State, and other requirements and restrictions related to the office of the Notary Public.
Types of notarization
There are generally two (2) types of notarization done in the U. S.
1. Sworn documents -- These documents have a section that states that the signor states or declares, under oath, that the foregoing statements are true and correct to the best of his/her knowledge, etc. The person signing these documents has to raise their right hand and take an oath or swear that the document is true and correct. The Notary Public has to administer this oath.
2. Affidavits -- These documents require that the signor acknowledge that the document is true and correct. The Notary Public is verifying that s/he witnessed the signature of the person executing the document. There is no oath involved in this type of notarization.
In some states, a Notary Public has to be a lawyer. In many others, Notaries Public are not normally associated with the legal profession in any way. In those states that do not require a Notary to be a licensed attorney, the Notary is restricted from giving any advice which could be interpreted as "legal advice". This means that if one lives in one of these states, and is not sure whether they need an Affidavit or a Sworn statement, they have only two legal choices: decide for themselves which type of notarization they will ask for, or they need to seek the advise of an attorney.
Hopefully, this short article has answered some of the most frequently asked questions regarding notarization of documents.
If you live in the United States of America, and have other questions, or are looking for more information, you may want to contact your Secretary of State. Most of them have web-sites with your state's info. You may also use internet search engines like Yahoo!, Bing, Google, AltaVista, and others.
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