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What is a Notary Public?
A Notary Public is appointed by the office of the Secretary of State to witness by an official seal and written acknowledgment, or jurat, the signing of documents as well as administer oath.
Is notarization required by law?
For many documents, yes. Certain affidavits, real estate deeds and other documents may not be legally binding unless they are properly notarized.
Why are documents notarized?
To deter fraud. An impartial witness (the Notary) ensures that the signers of documents are who they say they are and not impostors. The Notary makes sure that signers have entered into agreements knowingly and willingly.
May any document be 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 document signer, c) a notarial "certificate" which may appear on the document itself or on an attachment. The Notary fills in the certificate, signs it, then applies his or her seal to complete the notarization.
How does a notary identify a signer?
Generally, the Notary will ask to see a current identification document that has a photograph, physical description and a signature. A driver's license, military ID or passport will usually be acceptable.
What ID is required for any notarization?
Each signer must either present current photo ID such as drivers license, California ID, or passport issued within the last 5 years; or have two other persons present who will swear to the signer's identity, each of whom has a good current photo ID.
What should I bring with me?
Yourself, your completed documents (incomplete documents will not be notarized), and identification
Does notarization mean that a document is "true" or "legal" ?
No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the documents.
How much does a notarization cost?
Fees vary - as much as $10 in some states and as little as 50 cents in others - according to state law. Also mobile notaries may charge for travel fees and waiting times.
May a Notary give legal advice or draft legal documents?
Absolutely not. A Notary is forbidden from preparing legal documents for others or acting as a legal advisor unless he or she is also an attorney. Violators can be fined or jailed for the unauthorized practice of law.
May a Notary notarize or prepare immigration documents?
Only a few immigration forms need to be notarized, such as the Affidavit of Support (I- 134), but US Immigration and Naturalization Service (INS) regulations state that no one may prepare or file another person's immigration papers unless he or she is an attorney or a US Justice Department-approved "accredited representative." Non-attorneys can provide clerical, secretarial or translating assistance with INS forms, as long as no advice is given. However, courts have held that even the selection of which forms to complete can constitute the practice of law, since the filing of INS forms creates legal consequences having a substantial impact on the applicant.
May a Notary refuse to serve people?
Only if the Notary is uncertain of a signer's identity, willingness or general competence, or has a good reason to suspect fraud. Notaries should not refuse to serve anyone because of race, religion, nationality, lifestyle, or because the person is not a client or customer. Discrimination on any basis is not a suitable policy for a public official.
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