Notary Public: Functions and Authentication

• A notary public is authorized to perform legal formalities, especially to draw up or certify contracts, deeds, and other documents for use in other jurisdictions.
• Notaries are usually appointed by a government agency, court, or bar association.
• A notary's main functions include administering oaths and affirmations, taking affidavits and statutory declarations, witnessing and authenticating documents, acknowledging deeds, protesting notes and bills, providing notice of foreign drafts, preparing marine protests, providing exemplifications and notarial copies, and performing other official acts.
• The specific powers of a notary public vary from jurisdiction to jurisdiction.
• A notary's stamp, also known as a seal, authenticates and verifies documents.
• The stamp typically includes the notary's name, title, jurisdiction, and expiration date.
• It serves as evidence that the notary has officially witnessed the signing of a document.
• In many countries, notaries public are lawyers, but in others, such as the United States and England and Wales, they are not necessarily lawyers.
• Notaries public are generally prohibited from engaging in conflicts of interest; they cannot notarize their own signature or documents in which they have a personal interest.
• The role and responsibilities of notaries public are governed by laws and regulations that vary by jurisdiction.
• These laws outline the requirements for becoming a notary, the scope of their powers, and the procedures they must follow.
• International standards and conventions govern the recognition and authentication of notarial acts across different countries.
• The Hague Convention (Apostille Convention) simplifies the authentication of documents for use in participating countries.
• An apostille is a certificate issued by a competent authority in a country that is party to the Apostille Convention.
• It certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and, where appropriate, the identity of the seal or stamp which it bears
• Apostilled documents do not require further authentication by consular or diplomatic officials in the receiving country.
• The use of notaries public dates back to ancient times; the office can be traced to the Roman Empire.

Common Notarial Acts

• Administering oaths and affirmations verifies that a person is making a statement under oath or affirmation.
• Taking acknowledgments certifies that a person has signed a document voluntarily.
• Witnessing signatures confirms that a person signed a document in the presence of the notary.
• Certifying copies verifies that a copy of a document is a true and accurate reproduction of the original.
• Protesting instruments records the dishonor of a negotiable instrument, such as a check or promissory note.

Becoming a Notary Public

• The requirements for becoming a notary public vary by jurisdiction.
• In general, applicants must be of legal age, be a resident of the jurisdiction, and have no criminal record.
• Many jurisdictions also require applicants to pass an exam or complete a training course.
• The term of a notary public's commission also varies by jurisdiction.
• In some jurisdictions, notaries are appointed for life, while in others, they are appointed for a fixed term, such as four or five years.

Notary Public vs. Commissioner of Oaths

• In some jurisdictions, the roles of notary public and commissioner of oaths are distinct.
• A commissioner of oaths is authorized to administer oaths and affirmations but may not have the same powers as a notary public.
• In other jurisdictions, the same person may hold both positions.
• Some jurisdictions require that official documents be notarized to be considered legal.
• A notary public can help prevent fraud by verifying the identity of the person signing the document and ensuring that they are doing so willingly.

Online Notarization

• Online notarization, also known as remote online notarization (RON), is performing a notarial act using electronic means.
• RON allows notaries to verify the identity of signers remotely and witness the signing of documents via audio-video communication.
• Online notarization is becoming increasingly popular, as it offers a convenient and efficient way to notarize documents.
• The legality of online notarization varies by jurisdiction.
• Many states in the United States have enacted laws authorizing RON.
• RON platforms typically use secure technology to protect the integrity of the notarial process.
• The online notary verifies the signer's identity through methods such as knowledge-based authentication (KBA) or credential analysis.
• The signer and the notary communicate via live audio-video conferencing, and the signing of the document is recorded.
• The notary then affixes an electronic signature and seal to the document.

A notary public is authorized to perform legal formalities such as certifying contracts and administering oaths. Their functions include witnessing document executions, taking acknowledgments, and providing notarial copies. A notary's stamp authenticates documents.