Frequently Asked Questions


Home      Contact    FAQ's     Notaries     4 Fun

A notary cannot…

  • officiate if the document signer is not physically present.
  • officiate if the document contains blanks or missing pages.
  • post-date a notarial certificate or date it earlier than the actual date of notarization.
  • sign/seal a blank notarial certificate.
  • proceed with notarization if the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification.
  • proceed if the document is not “original,” bearing an original, wet-ink signature (not a photocopy or fax of a signed document).
  • proceed if the required notarial act is not indicated by the document, signer, or someone connected to the document.
  • give advice or opinions that should be given by an attorney.
  • proceed with notarization if the signer appears confused or mentally incapable of understanding the transaction.
  • fill out a notarial certificate with information that the notary knows is false.
  • proceed with notarization if he/she thinks or knows the transaction is illegal.
  • proceed with notarization in situations that may or will compromise the notary’s impartiality.
  • notarize their own signature.

 

FAQ'S

 

What is a Notary Public?
A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths.

 

Why are documents notarized?
There are many reasons you may need to have a document notarized. Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.  Most official documents need to be notarized.

 

How does a Notary identify a signer?
You will need to provide valid documentation and/or ID to your Notary.  Generally, the Notary will ask to see a government issued identification document or card with a photograph, physical description, signature and an identifying number. A driver’s license, military ID or passport will usually be acceptable.

 

Is notarization required by law?
This depends on the type of document. For many documents, yes. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized.

 

With other documents, no. Private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

 

Can a Notary give legal advice or prepare legal documents?
Absolutely not. A Notary is prohibited from performing any duties which may be construed as the unlawful practice of law. Among the acts which constitute the practice of law are the

preparation, drafting, or selection or determination of the kind of any legal document, or giving advice with relation to any legal documents or matters.

 

Can a Notary prepare or notarize immigration papers?
Contrary to popular belief, there is no prohibition against notarizing immigration documents.

However, several laws specifically outline what a notary public can and cannot do. Only a person who is qualified and bonded as an immigration consultant under the Business and

Professions Code may assist a client in completing immigration forms.

 

Does notarization make a document "true" or "legal"?
No. A notarization typically means the signer acknowledged to the Notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.

 

Is a US Notary the equivalent of a Latin Notario Publico?
No. In Latin countries, the Notario Publico is a high-ranking official with considerable legal skills and training. Unlike the U.S. Notary, the Notario Publico drafts documents, provides legal advice, settles disputes and archives documents.

 

Can a Notary refuse to serve people?
A professional notary is there to serve you. The only circumstances in which the notary may refuse to serve you is if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, gender or lifestyle.