Finance and Law

What Is a Notary? Notarial Acts Or Notarizations

<p style&equals;"text-align&colon; justify&semi;">A notary&comma; commonly known as a notary public&comma; is a public servant of integrity who is appointed by the state government and tasked with different fraud-deterrent acts&period; These acts typically involve witnessing the administration of oaths and the signing of important papers&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The fraud-deterrent acts performed by a <a href&equals;"https&colon;&sol;&sol;www&period;oxfordnotarypublic&period;co&period;uk&sol;" target&equals;"&lowbar;blank" rel&equals;"noopener">notary public<&sol;a> are typically known as notarial acts or notarization&period; In the majority of cases&comma; notaries are usually the secretary of state&period; Since they are publicly commissioned&comma; there is a set of rules they have to abide by&period;<&sol;p>&NewLine;<h2 style&equals;"text-align&colon; justify&semi;">Types of notaries<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">There are two common types of notaries – civil-law notaries and common-law notaries&period; <a href&equals;"https&colon;&sol;&sol;newsforpublic&period;com&sol;how-to-appoint-notary-public-service&sol;">Civil-law notaries are lawyers<&sol;a> and therefore can give legal advice&period; Common-law notaries&comma; on the other hand&comma; are not lawyers&comma; which is why they are forbidden from offering legal advice&period;<&sol;p>&NewLine;<h2>What service does a notary public provide&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The main duty of a notary public is to deter fraud by witnessing the signing of important documents&comma; as well as verifying their genuineness&period; Notaries are also tasked with verifying the identity of the individuals signing the documents&comma; their willingness to sign the papers&comma; and also their awareness of whatever was contained in the transactions or documents&period;<&sol;p>&NewLine;<h3 style&equals;"text-align&colon; justify&semi;">Such documents include&colon;<&sol;h3>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Loan documents<&sol;li>&NewLine;<li>Affidavits<&sol;li>&NewLine;<li>Deeds<&sol;li>&NewLine;<li>Powers of attorney<&sol;li>&NewLine;<li>Trusts<&sol;li>&NewLine;<li>Licenses<&sol;li>&NewLine;<li>Estates<&sol;li>&NewLine;<li>Contracts<&sol;li>&NewLine;<&sol;ul>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The services that notaries can provide are not limited to witnessing the signing of documents&period; A notary public can also offer legal services that impact different institutions&period; Such legal services include the following&colon;<&sol;p>&NewLine;<ul style&equals;"text-align&colon; justify&semi;">&NewLine;<li>Giving notice of foreign drafts<&sol;li>&NewLine;<li>Affirming the state of mind of the individuals who are supposed to sign particular documents<&sol;li>&NewLine;<li>Administering oaths and affirmations<&sol;li>&NewLine;<li>Maintaining notary journals<&sol;li>&NewLine;<li>Handling affidavits&comma; marriage certificates&comma; and other legal documents or statutory declarations<&sol;li>&NewLine;<li>Acknowledgements of conveyances such as deeds<&sol;li>&NewLine;<li>Disapproving notes and bills of exchange<&sol;li>&NewLine;<li>Scheduling related appointments<&sol;li>&NewLine;<li>Witnessing the items within a safe deposit box or the equivalent of that<&sol;li>&NewLine;<li>Identifying coercion or fraud<&sol;li>&NewLine;<li>Completing the notarial certificate on documents<&sol;li>&NewLine;<&sol;ul>&NewLine;<p style&equals;"text-align&colon; justify&semi;">One thing to be kept in mind is that a notaries public are common-law notaries&comma; and are therefore different from civil-law notaries who are lawyers&period; As mentioned above&comma; common-law notaries cannot provide legal advice as they are not lawyers&period;<&sol;p>&NewLine;<h2>How do notaries verify the identity of the signer&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The process of verifying the identity of any individual supposed to sign a document is actually simpler than you may think&period; All that a notary is required to do is ask for a government-issued verification document such as a driver’s license or an identification card&period;<&sol;p>&NewLine;<p style&equals;"text-align&colon; justify&semi;">The document must contain a clear photograph of the individual&comma; some information that describes that person&comma; as well as a signature&period;<&sol;p>&NewLine;<h2>Do notaries prepare or assist in the preparation of documents&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">A notary public cannot prepare or assist in the preparation of any documents&period; Doing so would be considered an unlawful practice of law&period; The main reason for preventing the involvement of notaries in preparation of documents is to ensure that they remain impartial witnesses to the signing&period;<&sol;p>&NewLine;<h2>Can notaries certify a document copy&quest;<&sol;h2>&NewLine;<hr &sol;>&NewLine;<p style&equals;"text-align&colon; justify&semi;">Though laws vary depending on the location&comma; notary public are&comma; in most cases&comma; not authorised to certify copies of documents&period; For documents such as marriage or birth certificates&comma; it’s recommended that one visits local agencies that are tasked with holding such documents&period;<&sol;p>&NewLine;

Hardik Patel

Hardik Patel is a Digital Marketing Consultant and professional Blogger. He has 16+ years experience in SEO, SMO, SEM, Online reputation management, Affiliated Marketing and Content Marketing.

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