Steps to Notarizing a Document
A notary public is a state-certified person who has been taught and authorized to certify papers. Certain legal papers must be notarized in order for them to be valid. To notarize a document, a notary public must see the individual signing it and authenticate his or her identification. Your document will be signed and sealed by a notary public. They may also give you a notarial journal and a notarial certificate for your document. Once you've found a notary public who can perform this legal service, notarizing a document is a simple process. Notaries are important members of their communities. A document with a notary seal has a higher sense of validity and authority than one without one.
How to Notarize a Document?
Notaries are crucial in the fight against fraud. Each of the procedures below is an important aspect of the public safety process.
Identify The Person Signing in Front of You
At the time of the notarial act's execution, a notary public will always demand the signer to personally appear in his or her presence. "Personal appearance" means that the signer and notary public are in the same room and can see, hear, and speak with one another. This means that a notary public cannot depend on another person's word that the signature on the document belongs to the supposed signer, rely on the notary's knowledge of the signature, or do a notarial act through phone, or email, teleconference, or any other type of telecommunication.
In fact, notarizing a document without the signer contradicts the objective of notarization entirely. If the signer is not physically present, the notary is unable to apply his or her best judgment to assess if the signer is competent to understand the contents of the document, is signing willingly and not under duress, is the person he or she claims to be, is living, or exists.
2. Examine the Documents
A notarization covers the whole document, not just the signing page. As a result, notaries must scan the document for critical information while attempting to respect the privacy of the signer. The following are some reasons to read the entire document:
· To determine which form of notarial ceremony is required by the certificate language.
· To check for and correct any problems in the notarial certificate's parts.
· To check if the signer's name on hand matches the name on the document.
· To look over the document's additional features, such as the number of pages, the property or assets involved, and the document's date.
· To combat fraud. Some states explicitly advise notaries to refuse documents with blank spaces because they make it simpler to modify the text later in an attempt to commit fraud. Documents with blanks may also be rejected by some county recorders. Before a notary applies his or her seal, any blank areas, missing pages, or incomplete documents should be addressed.
While it may seem unusual, some criminals will try to commit fraud by slipping a document with another person's name into a stack of legal documents. What appears to be amicable banter could be a ploy to divert the notary's attention. As a result, it's critical to check each document for these errors and correct them before proceeding, or the notarization will be refused.
If the signer is still unsure, advise them to contact the business that issued or is receiving the document. Alternatively, the signer may wish to get advice from an attorney.
3. In Your Journal Record The Notarial Act
The notary process isn't without flaws. Even when each step is followed to the letter, fraud or discrepancies might occur. A detailed journal entry containing the following information will assist a notary in avoiding allegations of wrongdoing:
· Notarization date and time
· Notarial Certificate Types
· The document's name or a brief description
· Notarization location
· The signer's name and address
· The procedure for identifying the signer
· Notary commission
· The signer's signature
· Notes on the signing ceremony
Traditional notarizations in some states do not require a diary. Nonetheless, it is an important tool for demonstrating conformity with laws and protecting yourself from litigation and criminal prosecution if fraud or errors occur. Clients who have been with you for a long time would appreciate your meticulous documentation if they have queries concerning a previous notarization. Complete this step before filling out the notarial certificate and stamping the document, as you'll need the signer's signature.
4. Complete The Proper Verbal Ceremony
A notary must almost always do one of two notarial acts when notarizing a signature on a paper document: take an acknowledgment or administer an oath to the signer.
· Acknowledgment:
Real estate conveyances, mortgages, powers of attorney, and agreements are all examples of documents that require a signer to take an acknowledgment. An acknowledgment is a declaration by a document's signer that his or her signature is legitimate and that the document was signed voluntarily. The document does not have to be signed in front of the notary in this case.
"Are you aware that you understand this document and have willingly signed it for the specified purposes?"
The notary will finish the acknowledgment notarial certificate, which is normally attached to the document or typed on a separate page, whenever the person responds affirmatively by nodding or responding "Yes" or "I do."
· Oaths/Affirmations
Affidavits, declarations, applications, court-related documents, and other sworn statements are examples of documents that require a signer to swear an oath (or affirmation). In this sort of notarial act, the signer must actually sign the document in front of a notary as proof that he or she has assumed the oath's duties. Prior to this, the notary will administer an oath to the signer by asking:
"Do you solemnly swear that the statements in this document, to the best of your knowledge, are true and correct?"
Because oaths and affirmations serve the same purpose, the signer can usually choose between the two. When a verbal ceremony is required, always conduct it. It adds a layer of professionalism and an extra step for signers to think about what they are signing.
5. Fill Out The Notary Certificate
A notary will complete a notarial certificate when he or she executes a notarial act on a paper document. The last step is to complete the information on the notarial certificate and stamp it:
· Identification method
· The notarization's date
· Venue (state and county)
· Name of the signer
· Signature of the notary and date of commission expiration
Keep in mind that the venue is always the location of the notarization. The venue for a remote online notarization is wherever the notary is. Cross out any missing or incorrect information before initialing and dating it. When you can make these modifications in some states is limited. In Florida, for example, notaries are unable to edit or amend a certificate once it has been notarized, even if the signer is still present. A new certificate must be completed instead. The majority of general notary work takes only a few minutes, however, it's critical not to rush through these stages. Missing one of these could result in a lawsuit or a recorder rejecting a crucial document. Slowing down to ensure the procedure is completed correctly, on the other hand, will save both notaries and their client’s time in the future.