Notarized documents are those that have had their validity verified by a notary public. Notarization comprises the witnessing and recording of document signings to ensure that the procedure is not fraudulent and that the documents can be trusted by the authorities that requested them.
Definition and Examples of Notarized Documents
Notarized documents have been signed in the presence of a notary public and authenticated. The notary public is an official who checks the identities of those signing the document, witnesses the signatures, registers the act in an official log, and stamps (or "seals") the document. Documents frequently require notarization if they deal with sensitive financial or legal issues that necessitate a high level of trust in all parties identified in the document. Documents with the potential for fraud may also necessitate the use of a notary. For example, if you name a beneficiary on a life insurance policy, you're handing over a huge sum of money and won't be present to witness the transaction. Powers of attorney, wills and trusts, advanced directives and other healthcare-related forms, and firearm permits are just a few of the documents that frequently require notarization.How Notarization Works
Obtaining a notarized document certifies that a signature is genuine—and nothing more. Notaries are not required (or expected) to read the information for you, analyze it, or provide legal advice. Your notary will also not warn you of any troubles you may be signing up for. They merely look to see who and when signed a document. Documents may or may not become legally binding immediately after being notarized. A fully signed and notarized paper may suffice if all that is required to execute an agreement is a legitimate signature. Consult a local attorney for advice on your specific case and local laws.The Notary's Duties
A notary's responsibility is to confirm the validity of each signature on a document. This occurs after several thorough checks:- Verification of identity: A notary records information about each person's identification documents and requests identification from anyone signing a document.
- Determining signers: Notaries are required to search for indications of compulsion. Even if you disagree with the content of a paper, are you signing voluntarily, or is someone coercing you?
- Capable of making wise choices: A notary should ensure that signers have the mental capacity to understand what they are signing and that they are of legal age to do so. The notary is prohibited from notarizing the document if the signer is intoxicated, under the influence of drugs, or otherwise unable to comprehend what is happening.
Requirements for Notarized Documents
It would help if you appeared before a notary public, establish your identification, and sign the document to have it notarized. Before beginning the process, read the following steps to ensure everything is in order.Bring Official Identification
The notary will ask for identification to make sure you are who you claim you are. Though state-specific regulations may apply, you'll need to present official identification with a photo, such as a driver's license, passport, or other government-issued ID. The notary has the right to decline to notarize your document if they have any doubts about your identity. Nobody is obligated to notarize anything.Wait to Sign
Do not sign the document before bringing it to the notary. Almost always, the notary must witness your signature. They can't confirm who signed the document if they don't see you sign it in person.Pay Fees
Depending on where you go, you might have to pay a little to have your documents notarized. Typically, you'll spend less than $25, and depending on the state; the price might be as low as $5. Don't be startled if you're asked to pay a charge because notaries must spend money to carry out their duties, keep up with changing regulations, and maintain records.Where to Get Documents Notarized
You can get legal forms notarized in a variety of places.Financial Institutions
The best place to find a notary public is through your neighborhood bank or credit union. The service might be free if you have an account. A notary at a specific financial institution might be prepared to notarize something for you for a small price, even if you don't have an account there.Other Businesses
Notaries are frequently on hand in both small and well-known companies. As services could differ from one site to another, call before traveling. Additionally, a particular employee's availability is required for the service, so confirm that they are on duty the day you intend to visit. Notaries are frequently present in the following locations:- shipping companies (FedEx and UPS stores, for example)
- Retailers of office supplies (OfficeMax or Staples, for example)
- Stores that cash checks and send money
- automobile dealers
- Convenience businesses in the neighborhood
- Tax preparers and law firms with notaries on staff are two examples. Inquire if they can handle it internally if you require your attorney to notarize a document.
Individual Sources
The sheer number of online and registered people will certainly surprise you. Genuine notary publics may operate from their homes or other less visible locations. Mobile notaries can come to your home, place of business, or another location to help with paperwork.Online Notary
Some documents can be notarized online, but you must ensure that the organization that wants the documents approves of this procedure. Some circumstances, like real estate deals in some states, call for an on-site notary. Most legal instruments also demand that the process be carried out in person. It might make sense to try notarizing online in other circumstances (especially for a quick transaction when you're pushed for time) or for less formal correspondence. The notary public must authenticate your identity when conducting business online and videotape your signing. For instance, the Notarize app charges $25 for notary services in Virginia (perhaps valid nationwide). Depending on your state's requirements, online notaries may need to follow the same procedures as in-person notaries in terms of studying, attending training sessions, and passing exams. Every state has unique laws and regulations.Key Takeaways
- Documents that have been notarized have had their authenticity confirmed by a notary public.
- A notary public is a qualified representative whose duties include witnessing signings, recording the notarization procedure, and verifying identities; they do not guard against fraud or render legal counsel.
- You must complete a series of processes to have documents notarized, including waiting for a notary to witness before signing anything.
- Documents can be notarized in financial institutions, law offices, post offices, and many other places of commerce, as well as by private notary publics.
- Online notarization might be possible for some less formal documents.
