The signer has to be able to communicate directly to the notary that the signing is willingly done, at least in 49 states.

The signer has either signed the document before showing up or must sign it in the notary’s presence.

The notary has been able to positivity identify the person is actually Nell (according to the individual state’s regulations).

The signer (that’s Nell) has shown up in front of the notary.

There are main three types of notarizations:ġ) Acknowledgements - The notary is saying, “OK, I just saw this person sign this document willingly there was no mustache-twirling Snidely Whiplash threatening to tie this person to the railroad tracks if they didn’t sign over the rights to their goldmine.” (What, don’t tell me you never watched Dudley Do-Right!) If you’ve never had to get something notarized before, you may assume that there’s just one kind of notarization, where the notary says, “Yup, I’m acknowledging that I just saw you sign this thing.” But it’s more complicated than that. WHAT ARE THE DIFFERENT TYPES OF NOTARIZATION? satisfactorily identifying the signer - this involves the signer being able to provide documents that prove identity.requiring the personal presence of the signer - until recently, “personal presence” was literal, but as we will see later, a virtual presence is sometimes an option.act as an impartial witness - notaries can’t notarize their own signatures, transactions in which they are participants, or documents for their family members or friends.However, while we can all imagine various failures of integrity (bullying, gossiping, cheating at Scrabble), those don’t generally prevent someone from becoming a notary. You also have to submit an application and purchase a notary surety bond, which is like an insurance policy in that it protects the public in case a notary makes a grievous error.Īs you might guess, people with felony records would not fall under the “person of integrity” definition and can’t become notaries. a person of integrity - The rules vary by state, but generally, you have to be at least 18 years old, a citizen of the United States (though in some states, you need only be a permanent resident), either reside in the state or operate a business in that state, and be able to read and write in English.Let’s look at how those elements come into play: A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer. Notary Stamp by Stephen Goldberg on UnsplashĪccording to the State of Tennessee (where Paper Doll resides), a notary public is:Ī person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. Yes, I’m a grownup now, and (mostly) understand what notaries do, but unless you have used a notary’s services or are a notary yourself, you might wonder how it all ensures your legal documents are organized and squared away. What the heck, I wondered when I first saw the expression properly written, was a notary? We have Certified Public Accountants, not Certified Accountants Public! We’re used to public school, public pool, public park, public relations. I figured “Note of Republic” meant that it was a document related to our country.Ĭ’mon, it’s weird to hear “public” after a word. Consider Governor of Minnesota, Justice of Peace, or Man of La Mancha.

When I was little, I thought a notary public was “Note of Republic.” After all, the concept of of ” is a known form of expression.

Getting document notarized