What is a Notary?
A Notary Public is a government-appointed official who acts as a neutral witness when people sign important documents. Their primary function is to prevent fraud, support consumer confidence, and uphold public trust in transactions like deeds, wills, and powers of attorney.
Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary's screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation, or status as a non-customer.
Why do documents need to be notarized?
Notarizations are authenticating processes to ensure that signed documents can be trusted. A properly notarized document provides assurance that:
- A document is authentic
- Its signature is genuine
- Its signer acted willingly without duress or intimidation
This process protects the rights and property of private citizens from forgers, identity thieves and those who exploit the vulnerable.
Keep in mind that notarizing a document does not make the document true or legal if it wasn’t legal beforehand.
How does a notarization work?
During a notarization, you’ll meet with the Notary at your designated location whether that's your home or the Notary’s office. The Notary will request a form of ID to verify your identity. Next, the Notary will confirm you're aware of what you're signing and you're willing to move forward with the transaction.
In some cases, a Notary will ask you for an oath or affirmation in which you declare that the information contained in the document is true, often under penalty of perjury.
The Notary will scan your documents and certify your signature with their official seal and certificate. They may then make an official record of the notarial act in their journal, depending on their state’s requirements.
What Notaries cannot do
Notaries may not help you choose the notarization you need. If you're unsure of what type of notarization you need, contact the document issuer or the agency requesting the notarization.
Related Resource: Prepare for Your Notarization
Notaries are also prohibited from providing legal advice or preparing legal documents unless they're also an attorney. Unlike Notaries in foreign countries, a U.S. Notary Public is typically not an attorney, judge, or high-ranking official. A U.S. Notary is not the same as a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country.
Where to find a Notary
Notaries may be found at a bank, local post office, and even online. You can also use FindaNotary.com to find a background-screened Notary Public who will travel to you or meet you at their place of business.