What is a Notary Public - The Short & the Long of It



Notary Public: The Short Answer

A notary public is a qualified official that is capable of serving as a reliable, unbiased witness for the signing of essential files. A notary public is also able to administer oaths and may have other official capabilities depending upon the jurisdiction.

In the United States, the majority of notary publics charge a small fee for their services. Notary publics dispense their official responsibilities by marking documents with their signatures and a distinctive embossed stamp or tattooed seal. A document which has been witnessed by a notary public has actually been notarized.

Notary Public: Advantages

The advantages of using a notary public are easy. By accrediting the accuracy of the signing parties, the notary offers an economical method for individuals and organizations to enter into contracts and carry out service with an affordable guarantee that the notarized files will be acknowledged in court.

Using a notary public is a way to protect against fraud, as the notary is responsible for needing the signer of a legal file to develop his/her identity. This is not definitive evidence of identity, it offers affordable proof of identity so that every day organisation can be performed. A notary likewise acts as a disinterested third party for parties entering into a legally binding contract.

Notary Public: More Information, Please

HISTORY

The concept of a notary is as old as the Western concept of civil law, which has its beginnings in the courts of Rome. As the Roman legal system became more codified, the law courts ended up being more and more dependent on the usage of scribes for keeping the court records.

The name has actually been bied far through the centuries, residing on past the fall of the Roman Empire. Throughout the Middle Ages, the function of the notary public was often taken by the clergy, who were charged with recording public and personal deals, along with preparing official documents.

FUNCTION

In the United States, a notary public has actually been authorized by a specific body, typically a state government, to perform the services of a notary. Some states also allow notary publics to certify copies of official files

2 of the most typical files that a notary public will witness involve the sale or transfer of real estate and the approving of power of attorney. A couple of examples of the documents that a notary public can officially witness include the following:
§ Acknowledgements.
§ Affidavits.
§ Jurats.
§ Oaths.
§ Formal protests.

Some states offer notary publics substantially more tasks. Notary publics in Louisiana are able to carry out many of the responsibilities that an attorney can provide with the exception of representing another person before a court. 3 states-- Florida, Maine and South Carolina-- permit notary publics to solemnize a wedding.

Some states will need the notary public to preserve a record of official acts. Keeping a journal of official acts performed is not mandated by all states, many expert notary companies suggest that all notaries keep records of their actions.

SIDEBAR: Legal Language.

Ever wonder why legal documents are about as clear as mud?

The wording of legal file has to follow specific custom-mades and constraints in order to have any binding effect in a court of law. This wording is called appropriate language.

SIDEBAR: Definitions and documents.

Know your jurat from your acknowledgement? Here are the meanings of some of the common documents dealt with by a notary public.

Recognition: A legal statement of an act.
Affidavit: A sworn statement of fact.
Jurat: A part of an affidavit including the oath or affirmation.

Ending Up Being a Notary Public.

In the United States, each state is responsible for commissioning notary publics to practice within its jurisdiction. In general, the requirements for ending up being a notary public are reasonably easy to meet. In some states, the notary is needed to hold a bond as insurance coverage in case of a suit leveled against the notary public.


Notary publics give their main responsibilities by marking documents with their signatures and a distinctive embossed stamp or tattooed seal. Using a notary public is a way to secure versus fraud, as the notary is responsible for needing the signer of a legal file to establish his or her identity. In the United States, a notary public has been licensed by a particular body, normally a state government, to perform the services of a notary. Some states likewise enable notary publics to certify copies of official files

In some states, the notary is needed to hold a austin notary public bond as insurance in case of a lawsuit leveled versus the notary public.

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