Notarial Acts & Facts

08-Oct-2022

Notarial Acts & Facts

 NOTARIAL ACTS & FACTS

What is a notarial act?
As defined in the notary statutes, a notarial act is any act that a notary public of this state is authorized to perform, including taking an acknowledgment, administering an oath or affirmation, jurats or taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a specific instrument. In Some states like Florida wedding ceremonies are covered as a notarial act.

Are both the stamp and signature required for a notarial act?
Yes. However, you also need to complete the notarial wording. Your signature and stamp by themselves do not constitute a complete notarization. You also need to complete the notarial wording including the locale and date of the act.

When affixing a signature and using the seal, how close together must they appear on the paper?
No certain distance is required by law. Both must appear on the document somewhere. It is generally advisable to avoid the margins.

Does the document need to be signed in front of the notary?
Yes. The statutes require that you see the signer actually sign the document when the notarial wording is that of a JURAT. In the case of an acknowledgment, the person is simply acknowledging that they signed documents. If you do not know the signer, he or she must present identification along with them.

Can a document that is written in a foreign language be notarized?
In most instances, yes. All you need is a title to put in your journal, and you can use the title the person gives you. However, you may not be able to witness a signature because you must be able to tell if that person is named in the document. If you are asked to certify a copy, you should make the photocopy yourself rather than try to compare two copies. You may need to check with an interpreter as to the type, or title, of the document. If this document is false or endorses or promotes a product, you will not know that. Finally, if the document is written in a language you can not read, you must add the notarial wording in English.

What if the form is improperly filled out? 
It’s not the notary’s responsibility to check that the form is properly filled out, but it is the notary’s responsibility to make sure the notarial wording is correct and complete.

What should I do if a document is suspected forgery or otherwise fraudulent?
Don’t notarize it. As a responsible citizen, you should also report the crime to law enforcement although nothing in the notarial law requires this. The whole purpose of being a notary is essentially to act as a fraud deterrent!

How is a notarized document authenticated for use overseas?
Most foreign countries insist that the notary’s signature be authenticated and, again, this can only be accomplished through the Secretary of State’s office. The act of authenticating the notarial officer’s signature on documents going overseas is called an “Apostille” or “certification.” You must let the individuals appearing before you know that the notarized document needs to be sent to the Secretary of State’s office along with the appropriate fees. The Secretary of State prepares the authentication and will then mail it and the notarized document back to the sender.

Can my documents be notarized online?

Yes. But it must be done by a notary who is approved as a RON (Remote Online Notary) which requires additional training and bonding in most cases. Additionally the notary must be in the approved state and using an approved platform that meets the states requirements.

What are the most common forms needing notarization?

• Trust Documents & Amendments
• Last Will & Testament/Living Will/Advance Directives
• Health Care Directive Proxy
• Power of Attorney
• Mortgage Closing Documents
• Escrow Documents
• Bill Of Sale
• Authorization Letters
• Document Certifications
• Document Authentications
• DMV Title Forms/VIN Verification
• Grant & Warranty Deeds
• Property Sale
• Property Purchase
• Mortgage Refinance
  
• Reverse Mortgage
• Private Lender Loans
• Affidavits & Petitions
• Name Change Forms
• Court Documents
• Travel/minor Consent Letter

What are the most common forms needing Apostilles?

• Birth Certificates
• Death Certificates
• Marriage Certificates
• Divorce Decree
• Single Status Affidavit
• Background Checks (Local, State, FBI)
• Copy of Passport
• Copy of Driver License
• Power of Attorney
• Real Estate
• Corporate Power of Attorney
• Transcripts
• Diplomas
• Authorization Letter
• Travel Consent Letter
• Articles of Incorporation
• Certification of Origin