Notary Public

A Notary Public is appointed by a state government, e.g., the governor or state secretary, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness. They verify the identity and willingness of those signing legal documents. They help deter fraud, coercion and protect the public. Depending on the state, a notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgements of deeds and other conveyances, protest notes and bills of exchange, provide notice of foreign drafts, prepare marine protests in cases of damage, provide exemplifications and notarial copies or certifications. Any such act is known as a notarization. A Notary Public is not an attorney or an officer of the court. Therefore they can not help in the drafting of a document or suggest wording. There are a few basic acts and concerns that must be taken into consideration before notarization:

  • The document is question must have the proper wording and setup for notarization. If it does not, the signer MUST contact the entity that requested the notarization and ascertain the type of notarization required.
  • Any document to be notarized must be complete and be free of blank spaces. All items requiring information or completion must be done BEFORE notarization.
  • Notarization of a document DOES NOT make it a legal document.
  • The signer of the document to be notarized must be present with proper ID at the time of notarization.
The acts performed consist of :
  • An acknowledgment is a formal [oral] declaration before an authorized public officer. It is made by a person executing [signing] an instrument who states that it was his [or her] free act and deed." That is, the person signed it without undue influence and for the purposes detailed in it. A certificate of acknowledgment is a written statement signed (and in some jurisdictions, sealed) by the notary or other authorized official that serves to prove that the acknowledgment occurred. The wording will be similar to "On this date before me appeared" etc.. This wording states that they personally appeared before the Notary and identified themselves according law. The Notary is then vouching for your personal appearance and identity.

  • Affidavit or jurat is the official written statement by a Notary Public that he or she has administered and witnessed an oath or affirmation for an oath of office, or on an affidavit - that is, that a person has sworn to or affirmed the truth of information contained in a document, under penalty of perjury, whether that document is a lengthy deposition or a simple statement on an application form. The wording of the Affidavit or jurat consists of : "Sworn (or affirmed) to before me this ........ day of ........, 20 ......" . This states the signer is attesting to the truthfulness of the facts in the document by their signature in the presence of the Notary.

  • Certification means to certify copies of documents. I.E. school degrees, certificates of education, vocational licensure etc. To achieve this properly ORIGINAL document must be presented to the Notary Public by the custodian of the document. The Notary Public will then make the copy and attest to it being a true and correct copy of the original document. However in the case of "certified" copies of records or documents like birth, death, and marriage or divorce, only the issuing agency of these types of documents can provide "certified copies". A Notary will be able to clarify this issue for you.

  • Oath or affirmations

  • Oath: "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?"
    Affirmation (for those opposed to swearing oaths): "Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?"

While the provisions appear difficult to become a Notary, in most states the main requirements are to fill out a form and pay a fee, and unless there are unusual circumstances the person's application will usually be approved. Some states may have additional requirements such as passing an examination or having taken some class, but in most states it's not much more difficult than applying for a library card. The most significant exception to this liberal requirement is that generally a felony conviction will disqualify obtaining a commission or will void an existing one. As part of the application procedure, the candidate must also take an oath of office and submit a bond. The purpose of the bond is to offer a small amount of monetary insurance in case the notary is sued. On average, notarial bonds are less than $5,000. If a notary is sued for more money than the amount of the bond, the notary is still personally liable for the difference between the bond and the sum awarded to the plaintiff.

Marketing techniques and general advertising practices over the years has created the impression that some organizations are the governing entity or at least affiliated in some capacity with the State Department or the county governments. This is simply not true. The final processing of the applications is in the hands of your state notary division. They will send you the final paperwork, which you will either execute on your own or you will send it to your processor of choice for execution.

We provide the mandatory education course for new and renewing applicants. We offer the same course as the other vendors and organizations. The "prices" you pay an in state, out of state or national “membership organization” to handle this for you includes the fees, your bond and equipment and sometimes they include “perks”. Mostly, this high price includes your “membership fee”. You pay those outrageously high prices for a "membership". We are not a membership organization. Therefore with us you pay less, much less and we believe you get a better education.

If you are interested in becoming a Notary Public, please take a look at our online courses here. These courses cover the law, our functions and general knowledge for a Notary Public. Once you have attended our Online Notary Course we will present you with your certification.

Additionally, we offer many more educational courses. These are offered online and on a regular basis through out the Commonwealth in a live seminar setting for better comprehension and more information exchange. They include, Accredited Signing Agent, and business courses.

We hope we have answered all your questions and concerns here. If not please contact us at the numbers listed or drop us an email at info@thenotaryacademy.com.