Superior signings

A notary public is a person commissioned to serve the public as a neutral witness. A notary performs notarial acts that are allowed or required by law. A notary is a verifier, an authenticator, an impartial agent for the state, a public recorder of acts, and an unbiased, official witness.

The main difference between a notary and a lawyer is that a lawyer provides legal advice, while a notary only witnesses the signing of documents.

A Notary’s duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.

In an acknowledgment, the notary is guaranteeing that:

the signer was in the notary’s presence,

The notary identified the signer, and

The signer acknowledged that the signature on the document is his or hers.

Technically, acknowledgments don’t have to be signed in the notary’s presence. However, the notarization must take place in the signer’s presence.

When a signer signs a document in a notary’s physical presence, the notary has witnessed a signature. The certificate may use words such as “signed before me”.

The signer was in the notary’s presence,

The notary identified the signer, and

The notary watched the signer sign.

Oaths and affirmations are both pledges sworn to before a notary public attesting to the truth of a given statement. An oath calls upon a supreme being as a witness, while an affirmation is made under penalty of perjury.