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What is a Notary
Public?
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A
Notary Public is a public servant appointed by
state government to witness the signing of
important documents and administer oaths. |
Why are documents notarized?
Documents are notarized to deter fraud and to
ensure they are properly executed. An impartial
witness (the Notary) identifies signers to
screen out impostors and to make sure they have
entered into agreements knowingly and willingly.
How does a Notary identify a signer?
Generally, the Notary will ask to see a current
identification document or card with a
photograph, physical description and signature.
A driver’s license, military ID or passport will
usually be acceptable.
Is notarization required by law?
For many documents, yes. Certain affidavits,
deeds and powers of attorney may not be legally
binding unless they are properly notarized.
With other documents, no. Private entities and
individuals may require notarization to
strengthen the document and to protect it from
fraud.
Does notarization make a document "true" or
"legal"?
No. A notarization typically means the signer
acknowledged to the Notary that he or she signed
the document or vouched under oath or
affirmation that the contents of the document
were true.
May a Notary give legal advice or prepare legal
documents?
Absolutely not. A Notary is forbidden from
preparing legal documents or acting as a legal
advisor unless he or she is also an attorney.
Violators can be prosecuted for the unauthorized
practice of law, so a Notary cannot answer your
legal questions or provide advice about your
particular document.
May a Notary prepare or notarize immigration
papers?
Only a few immigration forms must be notarized,
such as the Affidavit of Support (1-134, I-864),
but the U.S. Immigration and Naturalization
Service (INS) regulations state that no one may
prepare or file another person's immigration
papers unless he or she is an attorney or a U.S.
Department of Justice-approved "accredited
representative." Notaries may provide clerical,
secretarial or translating assistance with INS
forms as long as they do not provide legal
advice, and then may notarize these forms.
Is a Notary the same as a Latin Notario Publico?
No. In Latin countries, the Notario Publico is a
high-ranking official with considerable legal
skills and training. Unlike the U.S. Notary, the
Notario Publico drafts documents, provides legal
advice, settles disputes and archives documents.
Can a Notary refuse to serve people?
Only if the Notary is uncertain of a signer's
identity, willingness, mental awareness, or has
cause to suspect fraud. Notaries may not refuse
service on the basis of race, religion,
nationality, lifestyle, or because the person is
not a client or customer.
Where can I report unethical or unprofessional
Notaries?
Any wrongdoing or illegal activity should be
reported to law enforcement and the appropriate
Notary-regulating state official (typically the
secretary of state, governor, lieutenant
governor or attorney general).
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