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What is a Notary Public and what do they do?
A Notary Public, often referred to simply as a Notary, is a public official who, after meeting their state’s requirements, is commissioned by the governor or secretary of state.
The primary duty of a notary public is to serve as a neutral third party and verify the identity of persons signing important documents; as well as, assess their willingness to sign and awareness of the documents’ content.
A notary public helps to deter fraud by making sure the person signing a document is, in fact, who they claim to be, they are signing the document(s) of their own free will and not under duress nor being intimidated into signing the document(s), and that they are aware of contents of the document(s) and the results/consequences of signing.
Sometimes it is necessary for a notary public to place a signer under oath, as part of the notarization process.
To save time, can I sign my document before bringing it to a notary public?
While some notarial acts allow you to sign your document ahead of time and then appear before a notary public and acknowledge that it was, in fact, you who signed it, most acts prohibit this and require that the document be signed in front of a notary public.
If you are unaware of the different notarial acts and the requirements for each, it is always best to wait and sign your document in front of the notary public. The time saved by signing ahead is wasted if you just have to start over from the beginning.
I have a document that needs notarizing but it doesn’t have a notarial certificate (notarial wording), can a notary public add this wording?
Short answer is No. A notary public that is not a licensed attorney is prohibited from preparing legal documents or giving advice on how to prepare, fill out, or complete legal documents. Non-attorney notary publics are also prohibited from giving any legal advice or answering questions regarding a legal matter.
If you have been given a document without notarial wording and told to have it notarized; it is advised that you should ask the document provider which notarial certificate should be used.
If you are drafting a document that will need to be notarized, a notary public may provide examples of notarial certificates and explain their differences; but is expressly prohibited from advising, deciding, or suggesting which notarial certificate should be used on the document. That decision is solely that of the document preparer or signer.
I can’t make it to a notary public; can I sign my document and have a friend take it to be notarized?
No. The person signing the document must appear in person before the notary public and sign the document in front of them.