A Public officer constituted by law is a person who does notary of any document to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney and business at an international level. The primary purposes are to administer oaths and affirmations, take affidavits and statutory declarations, witness and confirm the execution of certain documents.
A Notary's duty is to cover the signers of relevant documents for their true identity, their willingness to sign without pressure or threatening, and their experience relating to the contents of the document and transaction. Some examples of documents are property deeds, wills, and powers of attorney that usually require a Notary.
Integrity is the basis of the Notary public trust. The Notary persons are duty-bound not to act in situations where they have a personal interest. Till now the public trust that the notaries have not been corrupted by self-interest. And also notary should never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer.
How can notary identify the signer?
Generally, a Notary will ask to see a current ID that has a photo, physical description, and signature. Acceptable IDs usually include a driver's license or passport.
How to be a Notary Public?
One can be a notary in the state if he/she meets the eligibility requirements and follow all of the steps that the state bears in their commission process. The process of notary alters from state to state, but usually, the person can fill an application and pay the application fee, after that it is necessary to pass an exam, one can prefer doing the training course, file your bond and oath of office, and buy your Notary supplies.
Regulations and Authority
With relating to notary publics, each state has its own rules about the authorities extended to notaries. In order to notarize a document, the person whose signature is being notarized must sign the document in the presence of Notary. The person is not allowed to sign the document ahead of time and then present the same before the notary.
In some states it is necessary, the notary should specify how the person identify the signer of that document (e.g., the signer presented an ID or that the notary already associated with the signer.
Each state determines that a notary must administer an oath to document signer. While there is no directed language, the oath regularly introduces language requiring the signer to swear or affirm that the statements mentioned in the agreement are true.
There is a fee to get a document notarized. The maximum amount that a notary public may charge for services is usually regulated by state law.
How to verify Notary Public?
Although the job of Notary public is to check and verify the person who is getting the document notarized, as many instances have been observed where fake Notary Public are found using fake notary seal. It is important to verify the Notary Public. You should ensure that seal with the registration number of Notary Person is present on all documents. Center and state government maintain a list of their registered Notary Public online.
Every notary must use a plain circular seal of a diameter of 5 c.m. bearing the following things:
• the name,
• the area within which he has been appointed to exercise his functions,
• the registration number,
• the circumscription "NOTARY",
• the name of the State government from which he/ she is appointed.
Adding off a red seal or sticker is not mandatory and does not have any effect on the authenticity of the notary action.
Note: To learn more about the laws and procedures, you can contact us at Legato app where we help you in connecting with experienced lawyers who can assist you with the documentation and procedural aspects.