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Commonly Asked Questions on Notary Public
A Notary Public is a person of integrity appointed by the state government, often by the Secretary of State. Their role is to serve the public as an impartial witness in performing various official acts related to the signing of important documents. These acts, known as notarization or notarial acts, are crucial for deterring fraud. Notaries are considered "ministerial" officials, meaning they must follow written rules without significant personal discretion, unlike "judicial" officials.
A Notary's primary duty is to screen the signers of important documents. They verify the signer's true identity, willingness to sign without pressure, and understanding of the document's contents. Some notarization require the signer to take an oath, affirming the document's truthfulness under penalty of perjury. Common documents that require notarization include property deeds, wills, and powers of attorney.
Impartiality is fundamental to a Notary's public trust. Notaries must avoid situations where they have a personal interest. The public relies on the Notary's screening to be free from bias. A Notary should never refuse service based on factors like race, nationality, religion, politics, sexual orientation, or customer status.
As official representatives of the state, Notaries certify the proper execution of many critical documents in citizens' lives. They handle transactions such as real estate transfers, powers of attorney, prenuptial agreements, and other activities essential for our civil society to operate smoothly.
Notaries and notarization play a crucial role in deterring fraud and ensuring the integrity of important documents. Through the notarization process, Notaries verify the identity of the signer, confirm their understanding of the document, and ensure they are signing willingly.
A Notary typically verifies a signer's identity by requesting a current ID with a photo, physical description, and signature. Common forms of acceptable identification include a driver's license or passport.
It's essential to clarify that a U.S. Notary Public is not an attorney, judge, or high-ranking official. This distinction is particularly important for immigrants, as the role of a Notary in the United States differs from that of a NotarioPublico in some foreign countries. Notaries should be clear about their limitations and avoid any confusion that could arise, especially regarding immigration-related matters.
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