A Notary Public is a state-appointed official who serves the public as an impartial witness during notarizations. As ministerial officers, Notaries must adhere to statutory rules without exercising significant personal discretion.
Notaries Public play a crucial role in certifying the proper execution of important documents, such as real estate transactions, powers of attorney, prenuptial agreements, and many other legal activities that enable our civil society to function smoothly. By performing notarizations, or notarial acts, Notaries help deter fraud and ensure that the signer understands the document and willingly participates in the transaction.
The primary responsibilities of a Notary Public are twofold:
Validate the Signer’s Identity - This typically involves examining a current form of identification, such as a driver's license or passport, that includes a photo, physical description, and signature.
Confirm the Signer’s Willingness and Awareness - Notaries must ensure that the signer is willingly and knowingly signing the document. In cases where a signer may be under duress or has impaired decision-making abilities, the Notary plays a key role in protecting the integrity of the transaction and the rights of all parties involved.
In some notarizations, the Notary may also be required to administer an oath, where the signer declares under penalty of perjury that the information in the document is true and correct. This added layer of verification underscores the importance of Notaries in maintaining public trust and safeguarding the legal process.
