A notary public is a person appointed by a government entity to administer oaths and subscribe documents. Certain documents must be sworn in order to be official. Some need proof that the person signing them is the person indicated in the document. Some documents require proof by a third party that the facts stated are correct. In some jurisdictions, such as Florida, a notary is empowered to solemnize marriage vows. Some notaries specialize in performing civil marriage ceremonies.
In some countries, outside the United States, a notary holds a more important role in the judicial and legal structure. In France, for example, a notary is an official with additional powers and is consulted much like a lawyer.
In New York, the Department of State licenses notaries. An examination is required for all applicants except lawyers duly admitted to practice. The same fees and formalities apply to lawyer applicants, however, it is assumed that they possess the requisite knowledge to perform notarial services properly. Most banks have a notary on staff and offer notary services as a courtesy to customers. Notary fees for administering oaths have always been nominal. In the old days the fee was set at $0.25. Many notaries do not charge for their services but those that perform their services regularly and advertise them on store display windows do charge nominal fees.
There are duties that a notary performs regularly. Deeds for real property transfers must be executed before a notary public. Power of attorney documents must be executed before a notary since they give another person the power to perform acts signors could do for themselves. Wills known as self-proving wills are signed by the testator and witnesses before a notary. Self-proving wills are accepted by probate courts on face value without the requirement that the estate’s administrator seek out the attesting witnesses to verify their signature on the will. This can be a difficult task since people move out of state, change phone numbers and die. Court documents that require an oath must be notarized.
A notary’s verification usually includes a statement akin to: “On the 4 day of July 2012, John Doe, a person personally known to me or who proved to my satisfaction that he is the person attesting to this document, appeared before me, was duly sworn and subscribed the document…” The phrase varies but the notary must either personally know the person subscribing the document or validate the person’s identity with a photo identification such as a driver’s license or passport. Thus whenever a document must be signed before a notary, be sure to bring proper identification.
Do not sign the document out of the presence of the notary. If you do then you will just have to sign it again in front of the notary. On documents that require an oath, the notary is empowered to swear the applicant to the truthfulness of the contents of the document. The notary does not have to read the document. The notary attests to the fact that the person before them is the person designated in the document and that the person answers yes to a simple oath: “Do you swear to the truthfulness of the information contained in this document,” or a similar oath.
Very often notaries neglect to perform the requirement of actually swearing the applicant. In the functionary haste of getting the simple procedure over, a notary may simply verify the identification then stamp and seal the document after filling in the date if those lines have been left blank. This is improper procedure. A notary is required to administer the oath regardless of its simple formality. While failure to actually administer the oath does not of itself void the document, however, it could subject the notary to license revocation.
Documents and court procedures require a degree of formality. Those that require an oath generally put reliance upon both the independent notary’s verification and the signer’s veracity. Punishment for false swearing can be severe, especially if the document is relied on by courts to form a decision or grant a right. Depositions taken in court proceedings are always sworn. Generally the reporter that takes the stenographic record of the proceedings is also a notary and swears the witness before the proceedings take place. Once the depositions are formally typed, and the lawyers given a chance to correct them, they are subscribed by the witness under oath before a notary.
America’s giant in legal support both in providing corporate kits, forms, stationery and seals is located in the heart of New York’s financial district with offices around the U.S. Blumberg Excelsior has been around for more than a century supplying the needs of lawyers and lay people. When a corporation is formed, forms for that purpose and a complete kit can be ordered from Blubmerg. Their corporate services division will do all the work for an attorney in any jurisdiction to insure that the documents required are appropriately filed. Blumberg Excelsior supply notaries with their rubber stamps and seals required to formalize documents. The amazing thing is that they respond the same day to orders received before noon and can supply corporate outfits, appropriately printed with the corporate seal, within 24 hours.
Once a notary passes the examination, completes the appropriate application form, which itself must be notarized, and sends the fee in to the county clerk, tools of the trade can be quickly obtained from Blumberg Excelsior. They can be reached at 1-800-529-6278 or on the internet at www.blumberg.com. Lawyers as well as lay people can buy corporate kits and supplies from them including notary registers, seals and stamps.
While not required, some notaries log their activities in a book to keep a record in the event a document is challenged sometime in the future. On occasion persons confined to hospitals, nursing homes or the homebound that cannot get out to a notary must call on the services of a notary. In those instances, if a nursing home does not have a notary on staff, one must be called in that is willing to travel to the bedside or home to administer the oath.
Notaries cannot verify copies of official documents. They cannot provide verification of birth certificates or make official copies of driver licenses for example. Official documents must be obtained from government entities. Notaries are not permitted to authenticate them.
Every state has its own formalities and application procedures for notaries. There is a national notary association that helps members obtain information and support. In New York each county clerk has the power to accept applications and renew notary licenses. Biannual fees are paid to the county clerk where the notary is qualified. The clerk accepts the fee on behalf of the state and forwards the state’s share to the Department of State that issues or renews the commission.
Having access to a notary public is an important aspect of civil life. Being a notary public is a responsibility to be performed diligently. A notary public insures accuracy and formality in the legal system of society without imposing a burden of seeking public officials at county seats to perform verification of identity and the taking of oaths.
John Christopher Fine is a lawyer having served as a senior Assistant District Attorney in New York County, as Counsel to a U.S. Senate investigating committee and Assistant Attorney General In Charge of a division investigating organized crime.
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