The notarization of certain documents is required to increase public trust, prevent fraud, and ensure that the signers of a document are who they say they are.
What is a notary public?
Their primary role is to prevent fraud by verifying the identity of the signers and ensuring that they are signing willingly and knowingly.
Notary publics authenticate various documents, including real estate transactions, legal affidavits, and financial agreements.
They must adhere to specific legal protocols and maintain detailed records of their notarial acts, and while notaries are not authorized to provide legal advice, their role is crucial in maintaining the integrity and trustworthiness of significant legal and business documents.
Despite the important services that notary publics perform, many people do not have a clear understanding of exactly what they do. Here are nine common myths about notary publics and the truth about what they do:
Myth 1: Notary publics can give legal advice and help draft documents
Despite what many people think, notary publics are not attorneys and cannot give legal advice or draft legal documents.
The only exceptions would be if the notary was also an attorney acting in a legal capacity for a client, which sometimes happens since many attorneys are also notaries.
Many paralegals are also notaries and are qualified to draft legal documents as well. However, it’s crucial to remember that notaries who are not attorneys cannot provide legal advice or draft legal documents under any circumstances.
The role of a notary is to witness the signing of documents and verify the identity of the signers, not to offer legal counsel. Misunderstanding this distinction can lead to serious legal repercussions for both the notary and the signer.
Myth 2: It is easy to be a notary
People who have used the services of a notary public often have a distorted view of what they actually do.
Rather than just signing and stamping documents, notary publics need to have a basic understanding of the paperwork they are being asked to notarize, the type of notarial act required, and the specific notarization language that must be used correctly on the document.
Becoming a notary involves a rigorous process that includes background checks, training, and passing an examination in many states.
Notaries must also be aware of the legal requirements and responsibilities associated with their role, which can vary significantly from state to state. Their duties go beyond mere formality and require careful attention to detail and adherence to the law.
Myth 3: Nobody oversees what a notary actually does
Notaries are appointed by a state government to serve as an impartial witness when important documents are signed. They have legal responsibilities and may be subject to repercussions if they fail to follow the protocol mandated by their state.
In most cases, a notary cannot act outside their home state unless they have a commission there as well. State authorities often audit notaries’ records to ensure compliance with the law, and notaries can face penalties, including fines and revocation of their commission, for misconduct or negligence.
This oversight ensures that notary publics adhere to strict standards and maintain public trust.
Myth 4: Notaries are required to provide their services whenever they are requested
While it is rare that a notary will refuse to provide services, there are circumstances when they are legally required to do so, such as:
- If they suspect fraud on the part of the signers or the document.
- If they cannot verify the signer’s identity with some form of authentic identification.
- If they believe a signer is being coerced into signing a document unwillingly.
Notaries should never refuse service to someone because of race, religion, national origin, sexual preference, or because they are not a client or customer, since discrimination on any basis is not a suitable practice for a public official.
However, notaries are expected to adhere strictly to legal requirements and ethical standards, which sometimes necessitates refusal of service to protect the integrity of the notarization process. Their duty is to serve the public impartially while ensuring that all legal protocols are followed.
Myth 5: Notaries are obsolete
A person who is rarely exposed to legal paperwork might have the incorrect belief that the services a notary provides are no longer necessary.
However, many businesses frequently require the notarization of documents, including mortgage lenders, loan officers, title companies, and law firms, making access to a notary more important than ever.
Notary publics are also essential for many personal transactions, such as signing powers of attorney, wills, and other critical documents that require formal authentication.
Their role in ensuring the authenticity and integrity of documents remains indispensable in today’s complex legal and business environments.
Myth 6: Notarization makes a document legal
Contrary to popular belief, when a document is notarized, the notary is verifying the identity of the person who signed it and that they were not under duress.
Notaries are not responsible for the legality of the documents they notarize. Notarization does not make a document legally binding or validate its content.
It simply ensures that the signatures are genuine and that the signers are aware of the document’s significance and are signing willingly. This distinction is crucial for understanding the scope of a notary public’s responsibilities and the limits of their authority.
Myth 7: Notaries provide their service for free
While notaries are not required to charge a fee for their services, fees are actually set by state law.
Notaries are free to charge any fee up to the maximum allowed by their respective state, and notarization costs can vary widely, depending on the services performed and the state. Some states cap the fees that notaries can charge, while others allow notaries to set their own fees within certain guidelines.
It’s important for clients to understand the fee structure in their state and to inquire about costs upfront. The fees charged by notary publics help compensate them for their time, expertise, and the responsibility they bear.
Myth 8: Any document can be notarized
For a document to be notarized, it must contain language that commits the signer in some way, require an original signature by the signer of the document, and contain a notarial certificate on the document itself or in an attachment.
Notaries must ensure that the document meets these criteria and that the notarial act is appropriate for the type of document being signed.
Some documents, such as birth certificates or death certificates, cannot be notarized because they are issued by government authorities and do not require notarization. Understanding these limitations helps prevent misuse of notarial services and ensures that notarization is applied appropriately.
Myth 9: Notaries can prepare or offer advice for filling out immigration forms
Notaries are eligible to provide services to the public, not just U.S. citizens; however, no one, including notaries, may help prepare or file someone else’s immigration paperwork unless they are acting in the capacity of an attorney or an accredited representative approved by the Justice Department.
However, a notary can serve as an immigration forms specialist if they meet their state’s requirements for both.
This distinction is crucial because providing unauthorized legal advice or services related to immigration can lead to severe legal consequences for both the notary and the client. Notary publics must be clear about the limits of their role and avoid crossing into the territory of legal advice.
The role of legal notaries in modern transactions
The role of a legal notary is more relevant today than ever before, given the increasing complexity and frequency of transactions that require formal authentication.
Legal notaries play a critical role in various sectors, including real estate, finance, and legal services. Their involvement helps ensure that transactions are conducted smoothly and that documents are executed properly, reducing the risk of disputes and legal challenges later on.
In real estate transactions, for example, a legal notary verifies the identity of the parties involved, ensures that all necessary documents are signed correctly, and helps prevent fraud.
This process is essential for the transfer of property ownership and the issuance of mortgages. Similarly, in financial transactions, notaries authenticate documents such as loan agreements, trust deeds, and other financial instruments, providing an additional layer of security and trust.
The services of legal notaries are also indispensable in legal settings, where the authenticity of documents such as affidavits, powers of attorney, and wills must be verified to be legally binding.
Notaries help maintain the integrity of these documents, ensuring that they are executed according to the law and that the signers are fully aware of their significance.
Conclusion
Understanding the role of a legal notary and dispelling common myths about their services is essential for anyone who needs to utilize notarial services.
Notary publics are highly trained professionals who provide valuable services that help ensure the authenticity and legality of critical documents. By debunking these myths, individuals can better appreciate the importance of notaries and the vital role they play in modern society.
Whether in real estate, finance, legal services, or personal transactions, the expertise and oversight provided by notary publics contribute significantly to the smooth functioning of various processes and the prevention of fraud.
