In a world driven by agreements, contracts, and official documents, the role of a Notary Public is often essential, yet sometimes misunderstood. You might have encountered notaries when buying a house, signing important legal papers, or even witnessing international documents. But What Is A Notary public exactly? This article aims to provide a comprehensive understanding of what a notary public is, their functions, and why their services are vital in ensuring the integrity of documents.
A Notary Public, or simply a notary, is an official appointed by state government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations or notarial acts. Notaries are essentially ministerial officials, meaning they are expected to follow established rules and procedures rather than exercise significant personal discretion or judgment beyond verifying facts.
Alt text: A notary public witnessing a signature on a document, ensuring legal validity.
Core Functions of a Notary Public
The primary role of a notary public is to prevent fraud and forgery. By acting as an unbiased third-party witness, notaries help to ensure that signers of documents are who they claim to be and that they are signing documents willingly and knowingly. Their key functions include:
1. Witnessing Signatures
One of the most common notarial acts is witnessing signatures. A notary verifies the identity of the signer, ensures they understand the document they are signing, and witnesses the actual signing. This process confirms that the signature is genuine and reduces the risk of fraudulent signatures on important documents.
2. Administering Oaths and Affirmations
Notaries are authorized to administer oaths and affirmations. This function is crucial in legal settings, depositions, and affidavits. When administering an oath, a notary requires an individual to solemnly swear to the truthfulness of a statement, often by invoking a deity. An affirmation is a secular alternative for individuals who prefer not to swear an oath, carrying the same legal weight.
3. Taking Acknowledgments
An acknowledgment is a notarial act where a signer declares to a notary that they have willingly signed a document. The notary then completes a notarial certificate, also known as a jurat, confirming that the signer appeared before them, was identified, and acknowledged their signature. This is frequently used in real estate transactions and other legally binding agreements.
4. Executing Verifications Upon Oath or Affirmation (Jurat)
Similar to acknowledgments, a jurat is used when the signer is required to swear to the truthfulness of the contents of a document. The signer signs the document in the presence of the notary and swears or affirms that the statements in the document are true. This is common for affidavits and sworn statements.
5. Certifying Copies
In some jurisdictions, notaries can certify that a photocopy of an original document is a true and accurate copy. This service can be useful when original documents are needed for record-keeping but copies are sufficient for other purposes, preventing the risk of losing or damaging originals.
Alt text: Close-up of a notary public applying their official stamp and seal to a notarized document for authentication.
Types of Notarization: Adapting to Modern Needs
Traditionally, notarization has been an in-person process. However, with technological advancements, especially in recent years, different types of notarization have emerged to meet evolving needs.
1. Traditional Notarization (In-Person Notarization)
This is the conventional form of notarization, where the signer physically appears before the notary public. The notary verifies the signer’s identity using personal knowledge or satisfactory identification documents, witnesses the signing, and completes the notarial certificate with a wet ink signature and official seal. This method remains the standard for many types of documents and is widely accepted.
2. Electronic Notarization (Remote Online Notarization – RON)
Electronic Notarization, also known as Remote Online Notarization (RON), allows for notarization to be conducted remotely using audio-visual communication technology. In RON, the signer and the notary are not in the same physical location but can interact in real-time through secure software.
Key aspects of Electronic Notarization:
- Remote Appearance: Signers appear before the notary via webcam and audio.
- Identity Verification: Robust identity proofing methods are used, often involving credential analysis and identity proofing by third-party providers. This might include verifying government-issued IDs electronically and using knowledge-based authentication.
- Electronic Signature and Seal: Notaries use electronic signatures and seals that are digitally secure and compliant with state regulations.
- Audio-Visual Recording: A recording of the entire notarization session is typically required for record-keeping and audit purposes, often kept for a minimum of 10 years.
- Journal Keeping: Electronic notaries must maintain a journal of all electronic notarial acts, in addition to the audio-visual recordings.
Electronic notarization offers convenience and efficiency, especially for individuals who are geographically distant, have mobility issues, or require urgent notarization services. As an example, in New York State, electronic notarization is permitted, requiring notaries to register as Electronic Notaries with the Department of State and comply with specific regulations.
3. Remote Ink Notarization (RIN) – Limited Acceptance
Remote Ink Notarization (RIN) is another form of remote notarization where communication technology is used to verify the signer’s identity, but the document itself is a paper document that is signed in ink. The signer transmits the ink-signed document to the remotely located notary for notarization.
It’s important to note that Remote Ink Notarization is not permitted in New York State after January 31, 2023. While temporarily authorized during the COVID-19 pandemic, New York has transitioned to electronic notarization as the primary form of remote notarization. Other jurisdictions may have different regulations regarding RIN.
Alt text: Digital illustration depicting an electronic notarization process with a notary and signer connecting remotely.
Becoming a Notary Public: A Path to Public Service
Becoming a notary public is a process governed by state laws and regulations. While specific requirements vary by state, general steps and common qualifications often include:
General Requirements:
- Age: Applicants typically must be at least 18 years old.
- Residency: Many states require notaries to be residents of the state or maintain a place of business within the state.
- Background Check: A criminal background check is usually part of the application process. Felony convictions and certain misdemeanors may disqualify an applicant, although some states offer pathways for individuals with criminal records to become notaries, such as obtaining a pardon or certificate of good conduct.
- Literacy and Language: Applicants must typically be able to read, write, and understand English.
- Education/Exam: Some states require applicants to complete a notary public education course and/or pass an examination to demonstrate their understanding of notary law and procedures.
Example: Becoming a Notary in New York State:
In New York, the process to become a notary public involves:
- Application: Applying online through the NY Business Express website.
- Examination: Passing a notary public examination (unless exempt, such as members of the NY State Bar or court clerks).
- Oath of Office: Completing and submitting an Oath of Office form.
- Commission: Upon approval, receiving a notary public commission card, often electronically.
Renewing a Notary Commission: Notary commissions are typically issued for a specific term, after which they must be renewed. Renewal processes generally involve an application and may require continuing education in some states. In New York, renewal can also be done online through the NY Business Express account.
Key Aspects of Notary Practice: Maintaining Integrity and Compliance
Once commissioned, notaries must adhere to specific practices and regulations to maintain their commission and ensure the validity of their notarial acts.
1. Geographic Limitations
Notary commissions are generally state-specific. A notary public commissioned in one state typically cannot perform notarial acts in another state. However, within their commissioning state, notaries can usually perform acts anywhere within that state. For electronic notarization, the notary must be physically located within their commissioning state at the time of notarization, though the signer may be located elsewhere, even outside the United States under certain conditions.
2. Identification Requirements
Notaries are responsible for properly identifying document signers. Acceptable forms of identification usually include valid government-issued photo IDs such as driver’s licenses, passports, and military IDs. For electronic notarization, identity proofing methods are more stringent and rely on electronic credential analysis and identity verification services.
3. Journal and Record Keeping
Maintaining a journal of notarial acts is a crucial responsibility for notaries. Journals serve as a record of all notarizations performed, providing an audit trail and helping to deter fraud. Requirements for journal keeping vary by state, but generally include details such as the date and time of notarization, the type of notarial act, the signer’s name and address, the type of identification used, and fees charged. Electronic notaries often have additional journal requirements, including records of the technology used and audio-visual recordings of RON sessions. In New York, all notaries, including traditional notaries, are required to keep a journal of all notarial acts. Electronic notaries must also maintain audio & video recordings of electronic notarizations for at least 10 years.
4. Fees for Notary Services
Notary fees are regulated by state law. Many states set maximum fees that notaries can charge for specific notarial acts. Fees are intended to compensate notaries for their time and services, but notaries are expected to provide services to the public at reasonable rates. In New York, the maximum fee for most notarial acts, including acknowledgments and oaths, is $2.00. However, for electronic notarial acts, a higher fee of up to $25.00 per act is permitted, reflecting the additional technology and security requirements of RON. “Papering out” an electronically notarized document in NY has a fee of $2.00.
5. Official Seal and Signature
Notaries are typically required to use an official seal or stamp and their signature when performing notarial acts. The seal and signature authenticate the notarization and provide a visual mark of the notary’s authority. Electronic notaries use digital seals and electronic signatures that are equally legally binding.
Alt text: A notary public’s official seal and signature, essential for validating notarized documents.
The Importance of Notary Services in Modern Society
Notary services are fundamental to the smooth functioning of various legal, financial, and administrative systems. They play a vital role in:
- Preventing Fraud: By verifying identities and witnessing signatures, notaries deter fraud and forgery, protecting individuals and institutions from fraudulent documents.
- Ensuring Legal Validity: Notarization adds legal validity to documents, making them admissible in court and officially recognized by various agencies and organizations.
- Facilitating Transactions: Notaries enable smooth and secure transactions, particularly in real estate, finance, and international business, by providing a trusted mechanism for document authentication.
- Protecting Consumers: Notary services protect consumers by ensuring that they are signing documents knowingly and willingly, reducing the risk of coercion or misunderstanding.
- Supporting the Legal System: Notaries support the legal system by providing reliable verification of signatures and oaths, contributing to the integrity of legal processes.
In conclusion, a notary public is a trusted public official whose role is to serve as an impartial witness and fraud deterrent. Whether through traditional in-person notarization or modern electronic methods, notaries are essential figures in ensuring the authenticity and integrity of documents that underpin countless aspects of our personal, professional, and civic lives. Understanding what a notary public is and the services they provide highlights their indispensable contribution to a trustworthy and legally sound society.
