Definition of a Notary

A notary is a public officer commissioned by the Secretary of State to perform notarial acts.

A notary is authorized by state government to administer oaths and to attest to the authenticity of signatures.

A notary serves as an impartial witness.

DO’S AND DON’TS OF A NOTARY:

1)	A notary is required to ask for identification, preferably a picture ID with a physical description. It must be produced at the time of the signing and not be expired.
2)	A notary cannot give legal advice (not an attorney).
3)	A notary cannot type or prepare a document for you.
4)	A notary cannot be responsible for the accuracy or legality of any document---that is the responsibility of the signer.

Is notarization required by law? For many documents, yes---certain affidavits or documents may not be legally binding unless they are properly notarized.

FOR A DOCUMENT TO BE NOTARIZED, IT MUST CONTAIN:
	a)	Text committing the signer in some way.
	b)	An original signature (not a photocopy of the signature).
	c)	A notarial “certificate” which may appear on the document itself or on an attachment.

TWO BASIC TYPES OF NOTARIZATION ARE:
	1)	ACKNOWLEDGEMENT – An act in which a Notary certifies that a signer, whose identity is personally known to the Notary or is proven by satisfactory evidence.
	2)	JURAT – A jurat is a notarial act in which the Notary certifies that a signer, whose identity is personally known or proven by satisfactory evidence, has made in the Notary’s presence a voluntary signature and has taken an oath or affirmation vouching for the truthfulness of the signed document.

APOSTILLE – Is a certificate of authority required by Hague Convention and replacing traditional “chain” of certificates of authority. Basically it is a document verifying the validity of the notary.

SUBSCRIBING WITNESS – An individual who is personally known to the Notary or identified by a credible identifying witness, who swears or affirms having viewed the signing or acknowledging of a document by a person who cannot appear before a Notary.