What is a Notary Public
A public official legally empowered to witness and certify the validity of documents and to take affidavits and depositions. One who acts as an impartial witness in the execution of certain documents.
In California the Secretary of State commissions notaries public after the applicant passes a background investigation, shows proof of having attended qualifying courses, passes a proctored written examination and is able to read, write and understand English.
In many areas of commerce as well as in everyday life, the services of a notary public are required. Typically a notary public, after being provided acceptable proof of the signers identity, will acknowledge that the signer personally appeared before the notary public on the date indicated in the county indicated and that the signer acknowledged executing the document.
Documents that are to be recorded at the county recorders office, such as a deed of trust, a lien or a release of lien must be acknowledged or sworn to before a notary public. A notary public may also be called upon to take a sworn deposition of testimony to be used in legal litigation. In California certain counties will allow a qualified notary public to perform confidential marriages. A California notary public is bound by laws established by the legislature and Secretary of State as published in the California Notary Handbook.
While a notary public performs acts that are required in support of the legal community, they are not in themselves, entitled to give legal advice. If legal advice is required a qualified attorney must be consulted.
The services of a notary public assures the community of a high degree of trust in that the signer of a document has been satisfactorily identified, they understand what they are doing and acknowledge their execution of the document.
Document Requirements
Notaries public have legal requirements when undertaking their notarial duties. All signers must appear before the notary public, if they are not personally known to the notary public, they must have proper picture identification that has been issued by a government entity within the preceding 5 years. Documents that are incomplete, or with a faxed or copied signature can not be notarized. A notary public is not permitted to certify copies of documents although a notary may certify a copy of a power of attorney or copies of their journal entry. A California notary public may not notarize a will except when under the direction of an attorney. State laws differ, consult with a notary in your state for advice as it pertains to your situation. Being a notary public carries a great deal of responsibility for the public good, this is not taken lightly by professional notaries public.
For prompt, professional service call (650) 491-3329
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