A brief description of the role and functions of the notary in the USA
A notary in the United States is a public official appointed by a state, whose main purpose is to verify the identity of the signer(s) of a document. In the U.S., notaries are regulated at the state, not federal, level. A notary stamp on a document provides an assurance to third parties that executors of a document are who they purport to be. In addition to this critical function, U.S. notaries perform various other functions. While these other functions may very slightly from state to state, they will mostly cover the following:
- Certifying or attesting copies or depositions This process gives legitimacy to document copies and depositions which will render them acceptable to third parties as being genuine.
- Taking acknowledgement This is basically a declaration a person makes to a notary that he or she has willingly signed an affidavit.
- Administering oaths and affirmations This pretty much speaks for itself. An oath or affirmation is a solemn promise of truthfulness, which is given the force of law when administered by a notary.
- Verifying on oaths or affirmations This is when an individual signs or swears that certain written statements are true.
- Witnessing or attesting signatures This speaks for itself. It’s when a formal confirmation is needed that a signature was made by the person identified as the signer.
- Noting protests of negotiable instruments You probably don’t want to know what this is, and it’s doubtful you would ever have need of this service! However, it means officially recording that a negotiable instrument is the subject of a protest.
In practical terms, notaries are called upon to verify signers of official forms and applications, wills, powers of attorney, declarations and letters, real estate transactions, vehicle title transfers and many other types of documents. They can also certify copies of documents as being exact copies of the originals. However, it is important to note that notaries in the U.S. are prohibited from certifying copies of vital record extracts, such as birth, marriage and death certificates.
In the United States a notary commission (i.e., license) does not confer the right to offer legal advice or draft or interpret legal documents, and in fact notaries are expressly prohibited from doing so unless they are licensed attorneys. This is different to other countries. For example, in Mexico a Notario Publico is an experienced lawyer who has been selected and appointed by the Mexican state after practicing law, completing a rigorous application process, passing a stringent exam and also meeting all qualifications set by the government. For this reason, notaries in the U.S. are forbidden from using the title Notario Publico in their advertising. In France, a Notaire is a government-appointed lawyer whose role is essential for all real estate transactions. In Germany, a Notar (m.) or Notarin (f.) is a lawyer who specializes in property law, corporate law, or family law and estate planning. In fact, every country that has notaries has its own unique definition of notaries and their functions and authority. This is why it is important for notaries in the international melting-pot that is the U.S.A. to be clear to their clients where the boundaries of their duties lie.
For further reading, check out this article from the National Notary Organization.
