What Does Notarize Mean?§
To notarize a document means to get it signed by a notary public, who verifies the identity of the signers and confirms that they signed the document willingly. The notary public then stamps or seals the document as proof of its authenticity. This process is often required for legal documents such as property deeds, wills, and powers of attorney to ensure that the signatures are genuine and the document is executed properly.
Key Functions of Notarization:§
- Identifying the signers and ensuring they understand the document.
- Ensuring the signers are signing voluntarily without any duress.
- Attesting to the authenticity of a signature.
- Completing a notarial certificate and affixing a seal or stamp.
Examples:§
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Real Estate Transactions: Before a county clerk will record certain types of real estate documents, they must often be notarized to assure the signatures are genuine.
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Affidavits: An affidavit, a sworn statement of fact, often requires notarization to validate that it has been signed under oath.
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Power of Attorney: A power of attorney document, which gives authority to another person to make decisions on one’s behalf, typically requires notarization.
Frequently Asked Questions:§
Q: Do all documents need to be notarized?§
A: Not all documents need to be notarized; notarization is generally used for important legal documents where authenticity and voluntary signing need to be verified.
Q: How does a notary public verify identity?§
A: A notary public verifies identity by examining government-issued identification, such as a driver’s license or passport, and ensuring the identification matches the signer.
Q: Can a notary notarize a document without the signer being present?§
A: No, the signer must be physically present before the notary public to have the document notarized.
Q: What is a notarial seal or stamp?§
A: A notarial seal or stamp is used by the notary public to authenticate the notarization. It usually contains the notary’s name, jurisdiction, and commission number.
Q: What happens if a notarized document is contested in court?§
A: A notarized document carries a presumption of authenticity, which can strengthen its legitimacy in court. However, it can be contested and scrutinized for circumstances such as fraud or duress during signing.
Related Terms:§
- Notary Public: An official authorized to perform acts in legal affairs, particularly witnessing signatures on documents.
- Acknowledgment: A formal declaration that a person signed a document willingly and for the purpose stated therein.
- Affidavit: A written statement confirmed by oath or affirmation, for use as evidence in court.
- Jurats: A type of notarization in which the signer swears or affirms the truthfulness of the content of a document.
- E-Notarization: The process of notarizing a document electronically, using digital signatures and notary seals.
Online Resources:§
- National Notary Association (NNA)
- American Society of Notaries (ASN)
- US Notary Certification Training
References:§
- U.S. Department of State: Roles and Responsibilities of Notaries Public
- Nolo: Notaries Public
Suggested Books for Further Studies:§
- “The Complete Notary Public Guidebook” by the National Notary Association
- “Notaries Public Guidebook: For New & Renewing Notaries” by Arthur Leichter
- “Notary Public Handbook: Principles, Practices & Cases” by Alfred E. Piombino
