NOTARY

What is a Notary Public? A notary public is a civil servant who acts as a legal and state-authorized witness for various purposes, typically when legal documents are signed. A notary public goes through training and has to take an oath of office just like other civil servants. Notaries are trusted people who witness document signings, verify the identity of the person or people signing a document and serve as a key element in deterring fraud. They can work at home, from their own office or for an employer in a wide variety of career fields from banking to real estate.

IMPORTANT: According to the American Society of Notaries, “The ‘golden rule‘’ of every notarial act, whether it is paper-based or electronic, is the physical presence of the signer before the notary. A notary’s ability to fully evaluate a document signer’s identification, basic understanding of the transaction and free will would be diminished by any condition other than physical presence of the signer. No alternative, such as an audio/video connection, can provide the notary with full sensory experience that physical, personal presence allows.

Maintaining Proper Records. Each state has its own laws regarding which records a notary public must keep. Typically, some type of record book must be maintained on each transaction, and the contents of this book must be open for public record. For example, Texas requires each notary public to detail the date of each item notarized, the date the item was notarized, the name and address of the signer, the means by which the notary verified the signer's identity, whether the notary personally knows the signer, the name and address of the grantee, the name of the original grantee if land is changing hands, and a brief description of what's being notarized.

10 Guiding Principles by The NNA

  1. The Notary shall, as a government officer and public servant, serve all of the public in an honest, fair and unbiased manner.
  2. The Notary shall act as an impartial witness and not profit or gain from any document or transaction requiring a notarial act, apart from the fee allowed by statute.
  3. The Notary shall require the presence of each signer and oath-taker in order to carefully screen each for identity and willingness, and to observe that each appears aware of the significance of the transaction requiring a notarial act.
  4. The Notary shall not execute a false or incomplete certificate, nor be involved with any document or transaction that the Notary believes is false, deceptive or fraudulent.
  5. The Notary shall give precedence to the rules of law over the dictates or expectations of any person or entity.
  6. The Notary shall act as a ministerial officer and not provide unauthorized advice or services.
  7. The Notary shall affix a seal on every notarized document and not allow this universally recognized symbol of office to be used by another or in an endorsement or promotion.
  8. The Notary shall record every notarial act in a bound journal or other secure recording device and safeguard it as an important public record.
  9. The Notary shall respect the privacy of each signer and not divulge or use personal or proprietary information disclosed during execution of a notarial act for other than an official purpose.
  10. The Notary shall seek instruction on notarization, and keep current on the laws, practices and requirements of the notarial office.

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Notary

What is a Notary Public A notary public is a civil servant who acts as a legal and state-authorized witness for various purposes, typically when legal documents are signed. A notary public goes through training...

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