FAQ’S

A notary public is a public official appointed by the state government to witness and certify the signing of legal documents.

Notarization does not guarantee that the information on a document is accurate or legal. As such the notary and the witness are not obligated to read or review the document notarized. The signer is responsible for the content of the document. The Notary Public simply certifies the signer’s identity, usually by verifying a current identifying document containing a photo, physical description, and signature. Government issued photo IDs, such as driver’s licenses, state ID cards, passports, military IDs, and inmate IDs are sufficient for certification. Social Security cards, birth Certificates, credit cards, immigration cards, and temporary driver’s licenses are not suitable for certification.

No. Notarization does not prove that information or statements on a document are true, accurate or legal. The signer is responsible for the content of the documents. The Notary Public certifies the identity of the signer.

Each signer must either present a current photo ID; or have two other persons present who will swear to the signer's identity, each of whom has a valid, current photo ID. The valid ID should be a government issued photo identification presented to the Notary Public at the time of signing. Examples of valid identification include: 1.) Driver's License or State ID Card; 2.) U.S. Passport; 3.) U.S. Military ID; 4.) Inmate ID, but must be prisoners in custody; 5.) Foreign Passport stamped by the U.S. Immigration and Naturalization Service.

Notarization is intended to deter fraud. The impartial witness (Notary Public) ensures that the document's signer is who they say they are and that the person signed the document willingly.

An authentication or apostille certifies the authenticity of the signature, seal and position of the official who has executed, issued or certified a copy of a public document. Apostilles are strictly for the use of public documents internationally. An Apostille is required for legal transactions where a document from one country in another country must be presented as part of a legal process. This involves many business transactions and individual transactions. For example situations to settle the estate of a deceased person with assets overseas, applying for VISA's, and positions for employment.. Some of the most common documents requiring legalization with an Apostille are Power of Attorney, Passports, Birth, Marriage and Death Certificates, criminal background checks, bank accounts etc.. The requirement of an Apostille protects you, and the potential risk of being defrauded.

The object of the Apostille is to "abolish the requirement of diplomatic or consular legalization for foreign public documents". The completed Apostille certifies the authenticity of the signature, the capacity in which the person signing the document has acted, and identifies the seal/stamp which the document bears.

Yes. If there is a space for a date it should be filled in with the correct date or lined through by the document signer if incorrect. Suppose the document simply doesn't have a date. In that case, it is acceptable for the signer to date the document next to their signature or mark, thus establishing a document date for practical purposes.

In most cases, yes. The form most frequently completed by the Notary Public is the acknowledgment. Documents requiring acknowledgments must not be signed in the Notary's presence. However, the signer must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document. The second type of document completed by a Notary Public is the jurat. The jurat is identified by the wording "Subscribed and sworn to" immediately above the place where the Notary Public signs his/her name. A jurat must be signed in the Notary’s presence.

It is a notarial act in which a Notary certifies having positively identified a document signer who personally appeared before the Notary and admitted signing the document freely. Shows that acknowledging party appeared personally before the officer (e.g. Notary Public) taking the acknowledgement. Identifies acknowledging party by name corresponding to acknowledge document. Signed by officer's taking acknowledgment. Sealed with officer's official seal (if applicable).A: Proves document - signature's authenticity. Essential elements of the Certificate of Acknowledgement:Entitles document to be accepted for filing and recording. For a notary to issue acknowledgement, the document doesn't need to be signed in his or her presence. However, the signer must still appear before the notary at the time of the acknowledgement to swear he or she freely signed for the purposes stated in the document under his or her own will. Some services, such as jurats, require the document be signed in the notary’s presence. A jurat requires the wording “subscribed and sworn to” on the document just above where the Notary Public signs his or her name.

A notarial act in which a Notary certifies having watched the signing of a document and administered an oath or affirmation. Compelling a document signer to be truthful is the main purpose of the notarial act called a jurat. The Notary’s function in executing a jurat is to appeal to the signer’s conscience and initiate a process that could result in a criminal conviction for perjury if the signer is lying under oath. In executing a jurat, the Notary must watch the person sign the document, then have the signer make either a solemn, oral promise of truthfulness to a Supreme Being (called an oath) or a promise on one’s honor (called an affirmation). The oath and affirmation have the same legal effect. Jurats are common with documents that may be used as evidence in court proceedings, such as depositions and affidavits.

The appropriate verbal wording for an oath for a jurat is as follows:

“Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?”

The verbal wording for an affirmation for a jurat is as follows:

“Do you solemnly affirm that the statements in this document are true to the best of your knowledge and belief?”

Oaths and affirmations also may be executed without reference to a document. An example would be the oath of office given to a public official. In this case, the oath or affirmation is a notarial act in its own right. Most often, though, Notaries administer oaths and affirmations for jurats in connection with documents.

No, a Notary Public cannot certify a copy of a birth or death certificate. Certified copies of birth and death records should be referred to the State Bureau of Vital Statistics or County Clerk's office in the county where the birth occurred. For foreign birth certificates, a person should contact the country of origin's consulate.

No, the State statutes prohibit a notary public from certifying any documents other than: 1.) copies of powers of attorney and, 2.) copies of entries in his or her notary journal. BUT, a "copy certification by document custodian" is an acceptable alternative.