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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.

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Prepare For Your Notarization

From adoptions to home loans and powers of attorney, Notaries play a part in some of life's most important moments. Therefore, they must follow strict practices and procedures to serve you, their clients.

To avoid any issues—or the possibility of having your request declined or the notarization rejected—preparation on your part will help get your notarization done right. And it all starts with finding the right Notary for your needs.

Hire a Notary Public that’s right for you

Like doing business with any professional for hire, it's a good idea to do some research on a Notary before booking an appointment. On FindaNotary.com, you have all the necessary information to help you choose, including:

  • Commission information including verification of an active Notary Public license by the Secretary of State or other state authority when available.

  • Date of the background check showing how recently it was completed. To be listed on FindaNotary, a Notary must pass a background check annually.

  • Notary services and biographies so you can learn more about the Notary you’re considering and the areas they may specialize in like healthcare or estate planning.

Know what type of notarization you need

Because the Notary cannot advise or choose for you, it's essential that you know what type of notarization to request. Of the various notarial services available, these are three of the most common:

  • Acknowledgment

  • Jurat

  • Copy Certification

If you're unsure what type of notarization you need, contact the document drafter or receiving agency to confirm.

Check for blank spaces on your document

Scan through your document for blank spaces, missing dates, and empty lines before you arrive for your notarization. In most cases, a Notary must refuse a notarization if the document isn't complete. This protects you from potential fraud.

Have a proper form of identification

A Notary cannot perform a notarization unless you present an acceptable form of identification. Make sure you bring one of the following to your appointment:

  • State-issued driver’s license

  • State-issued ID card

  • U.S. passport issued by the U.S. Department of State

  • U.S. military ID

  • State, county, and local government IDs

  • Permanent resident card or “green card” issued by the U.S.

Keep in mind that acceptable identity documents can vary from state to state. If you don't have proper ID, you may be able to use a credible identifying witness—a person with an acceptable ID who will swear to the Notary that they know you. For more information, ask your Notary.

Be present, willing, and aware

Whether in person or online through remote technologies, a document signer must communicate face-to-face with their Notary. Also, know that your Notary will ask you if you are signing your document willingly and if you are aware of its contents. If these two requirements are not met, you cannot get your document notarized.

Bonus Tip: Understand your Notary’s fees

Notary fees vary state-by-state, and sometimes travel, administrative, and technology service fees can apply. It's a good idea to discuss fees with your Notary before your appointment so your signing goes smoothly!

Acceptable ID Needed for Notary

One of the most important steps during a notarization is confirming your identity. As government-appointed public officials, Notaries Public are required to verify you are who you claim to be.

In most cases, presenting a current identity document (ID) issued by the state or federal government is sufficient evidence for Notaries to confirm your identity because they contain your photograph, physical description, and signature.

Acceptable forms of ID include, but are not limited to:

  • State-issued driver’s licenses

  • Passports

  • Military IDs

  • State, county, and local government IDs

  • Permanent resident “green cards”

  • Inmate IDs

Many other identity documents may be accepted depending on your state’s Notary rules and regulations. Your Notary will know what types of IDs they can accept, so be sure to ask before your appointment.

The following documents are not acceptable for notarizations: Social Security cards, birth or marriage certificates, credit cards, school IDs, library cards, and temporary driver’s licenses.

Alternative Forms of Identification

What if you don’t have an ID for a Notary? Or what if your ID is expired? You may be asked for an alternative or second form of identification to satisfy the Notary’s ID requirements. In these situations, the Notary may employ personal knowledge, credible identifying witness, and subscribing witness.

Personal Knowledge

The original method of verifying a person’s identity is using personal knowledge. If you and the Notary have known each other for a period of time, the Notary may be able to accept this identification method for the notarization.

Please note: California prohibits Notaries from using personal knowledge to confirm a person’s identity.

Credible Identifying Witnesses

If you don’t have an acceptable form of ID, you may bring someone you know and who is also personally known to the Notary to vouch for your identity. Considered a credible identifying witness, this person must bring a valid ID and be willing to swear to your identity.

Subscribing Witnesses

If you’re unable to appear before a Notary Public due to illness, disability, or physical absence, you may have the option to use a subscribing witness.

A subscribing witness is a person who witnesses the signing of a document and then subscribes (signs) their own name to the document as a witness to attest to the fact that they observed the signing of the document.

To avoid any delays during the notarization process, ask your Notary Public the types of identification methods they accept and how many forms of ID are required. Coming into your appointment with valid documents ensures a smooth and quick transaction.

Choose a Notarization

In all notarizations, regardless of type, you must appear before and have personal interaction with a Notary Public, whether in-person or via approved remote technologies. Your identity will be verified, and you will be screened for willingness to sign and for your awareness of the document’s contents.

Choosing the right notarization helps speed up that process and makes sure your documents are notarized correctly. Before contacting a Notary, know what type of notarization you’ll need. Below are the most common types of notarial acts.

Types of notarizations

Acknowledgment

An acknowledgment is needed to declare that you have willingly signed a document. Acknowledgments are most often performed on transactions regarding property or assets, such as deeds, mortgages, and deeds of trust.

Jurat

A jurat requires you to swear or affirm that the document’s contents are true. This notarial act certifies that the document signer has sworn or affirmed, under oath, that the contents of a document are true and correct.

Depending on the state or county, jurats may also be referred to as affidavits or verifications on oath or affirmation. Jurats are most often performed on evidentiary documents in the justice system, like affidavits, depositions, and interrogatories.

Oaths or affirmations

An oath or affirmation is for you to verbally attest that you are telling the truth or upholding specific values. The difference between an oath and affirmation is that an oath involves swearing to a higher power, such as God, whereas an affirmation is telling the truth based on your personal honor.

You get to choose whether you’d like to take an oath or affirmation based on your preference.

Copy certification

A copy certification confirms that the copy of a document is an exact match of the original. They are most often performed on personal vital records and business transactions, including:

  • Diplomas

  • Driver’s licenses

  • Leases

  • Contracts

  • Vehicle titles

  • Social Security cards

  • Medical records

  • Bills of sale

Before asking a Notary for copy certification services, check with your state to see if this notarization is allowed.

Signature witnessing

A signature witnessing is done to confirm that you are who you claim to be and that the signature on record belongs to you. While signature witnessings are somewhat uncommon, some U.S. states authorize Notaries to certify that a document was signed in their presence and that they were an official witness to the signing.

If you’re unsure about the type of notarization you need, contact the document issuer or receiving agency for guidance. Remember, Notaries may not choose the notarization for you as that is considered unauthorized practice of law.

Find a Notary that specializes in your notarization

From healthcare to court documents, some Notaries specialize in notarizing in specific fields. Our nationwide database delivers a list of Notaries in your area, along with the notarization services they provide, years of experience, spoken languages, and availability. Once you find the right Notary for the job, give the Notary a call or complete the contact form to schedule an appointment.

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