A notary public is a public official appointed by the state to certify the authenticity of signatures and copies of documents, to administer oaths and affirmations, and to perform other such acts as are allowed or required by law. This official serve the public as an impartial witness. Since notary publics are admistered by his/her state, the procedures and requirements for becoming a notary public is different in other states. In most cases, an individual submits an application to be reviewed by the Secretary of State. In some states, an exam is required.
Applicants who are approved by the state are sworn in as notaries public to serve for a specified period of time. A notary public does not have the authority to carry out his duties in any state but that in which he was appointed.
Because a notary is a public official, he or she is obligated to serve all persons who request lawful notarial acts during normal business hours. A notary is not commissioned for the personal convenience of any one employer. Basically, the most important reason for notarizing anything is to protect against fraud.
Notaries public have two primary duties:
1. Notarize Signatures The signer must be in the physical presence of the notary before the notary may lawfully notarize. This rule of law is not discretionary. The notary certifies that a signature is made willingly and freely by determining the signer’s state of mind and intent. This is accomplished by talking to every signer, asking key questions and being aware of pressure by anyone else. The notary should refuse to notarize signatures made under coercion, duress or undue influence.
Never take the acknowledgment of a person who does not speak the English language unless the nature and effect of the instrument to be notarized is translated into a language which the person does speak.
Use a photo I.D. or a credible witness if necessary to establish the signer’s identity.
When notarizing a signature made by a mark, use a witness familiar with the signer. The witness should write the marker’s name by the mark. The witness should sign the notary journal and the notary should make a special note.
If there are multiple signatures on a document, and only some of the signers appear before the notary, the notary should indicate exactly whose signature was witnessed. Sometimes a notarial certificate will be provided for each signature, if not, the notary should amend the notarial certificate to show only the signature of the person who appeared. However, the notary should not alter the document above the notarial certificate other than to cross through blank lines. Alterations should be initialed and dated.
If a notary is asked to certify that a copy is a correct copy, the person presenting it should sign a sworn statement that he/she made the copy and that it is true and correct. Then the signature on the sworn statement may be notarized in the usual way.
Call us today. Call: (321) 626-6607 or (321) 543-5406 or visit our Calendar to schedule your next notarization. We are a Florida Mobile Notary Signing Service located in Florida and we are here to serve you and assist you with all of your Notarizations needs.