What Does a Notary Do?
It’s easy to misunderstand the role a notary plays in a legal transaction. What many people don’t understand is that a notary is actually a separate profession from that of a lawyer. While a lawyer provides legal counsel, a notary can impartially witness the signing of documents and verify that a person has given consent without being deceitful. In this article, we will take a closer look at what a notary does.
The Role of the Notary
Generally speaking, a notary is qualified by their home state to witness signatures, certify copies of documents, and authenticate contracts. This is done by checking the identity of the person signing the documents and verifying that they are of sound mind and are completely aware of what they are doing. The notary acts as an impartial third-party for legal documents and this helps to guarantee that the documents were signed without any force, undue influence, or fraud. A notary may also have additional duties, such as taking statements, verifying copies of documents, and other related tasks.
The Requirements to Become a Notary
The requirements to become a notary vary from state to state. Generally, a person must have still be of age (18 years or older), have no felony convictions and they must possess a high school diploma or equivalent. The notary must also have residency of the state in which they will be performing the service.
The Process of Becoming a Notary
The process of becoming a notary can be broken down into a few steps:
1. Submit an application: Most states require a notary to submit an application, often with a fee attached.
2. Take a Notary Education Course: Notaries must complete a course or examination approved by the state which covers the responsibilities and duties of a notary.
3. Take an Oath of Office: The notary must take an oath of office, attesting they are legally qualified to perform all notarial acts within the state.
4. Obtain a Notary Seal: Most states require a notary to have a stamp. This stamp imprints the notary’s name, commission number and the state which certified them as a notary public. Some states also require a notary journal to record their completed notarial acts.
The Benefits of a Notary
Having a document notarized is important for both the signer and any other parties involved. Being able to verify the signer’s identity and that she or he is of sound mind and is not being coerced is a major benefit of having a document notarized. Additionally, in many states, having a document notarized creates a stronger legal representation in addition to providing evidence that the signature is valid.
In conclusion, notaries offer a valuable service and play an important role in legal transactions. Not only do they ensure that documents have been properly executed, but they also provide additional assurance that the signer is aware of what they are doing. Becoming a notary is relatively easy, although requirements may vary from state to state.