Notary Public
Definition
A notary public is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. Their main responsibilities include the administration of oaths and affirmations, witnessing and authenticating the execution of certain classes of documents, taking acknowledgments of deeds and other conveyances, taking affidavits and depositions, and performing certain acts in commercial matters.
Key Responsibilities
- Administering Oaths and Affirmations: A notary public administers oaths and affirmations to individuals making statements or taking legal declarations.
- Attesting and Certifying Documents: A notary certifies that the signatures on documents are genuine, and the documents are legally binding.
- Taking Depositions: They are authorized to take oral testimony under oath and record it in written form for use in legal proceedings.
- Acknowledgments and Protests: They perform acts for negotiable instruments and other commercial documents, including protests and acknowledgments.
Examples
- Real Estate Transactions: A notary public is often required to validate signatures on mortgage documents.
- Administrative File: They hold oaths and affirmations for administrative purposes, such as obtaining a professional license.
- Business Contracts: Notaries certify the authenticity of signatures on business contracts which can be critical in international trade.
- Affidavits: Legal affidavits are commonly notarized to ensure their authenticity.
Frequently Asked Questions
What does a notary public do?
A notary public verifies the identity of signers, validates signatures on documents, administers oaths, and may take depositions and affirmations among other duties.
Is a notary public a lawyer?
No, a notary public is not necessarily a lawyer. They are authorized to witness signatures and certify documents but do not provide legal advice.
What is the purpose of notarization?
Notarization is meant to deter fraud by verifying document signers’ identities and ensuring they understand the content to which they are signing at the time.
Can a notary public refuse service?
Yes, a notary can refuse to notarize a document if it’s unethical, incomplete, or if they suspect fraud.
How do you become a notary public?
The process typically involves applying through state authorities, passing an exam, and sometimes completing training courses and obtaining surety bonds.
Related Terms
- Oath: A solemn promise, often invoking a divine witness, regarding one’s future actions or behavior.
- Affidavit: A written statement confirmed by oath or affirmation for use as evidence in court.
- Deposition: The process of taking sworn, out-of-court oral testimony of a witness that can be transcribed for later use in legal proceedings.
- Acknowledgment: A formal declaration before a notary public by someone who has signed a document, confirming that the signature is genuine.
Online References
- National Notary Association
- American Society of Notaries
- National Notary
- The General Notary Public Career Portfolio
Suggested Books for Further Studies
- “The Complete Handbook of Notary Signing Agent” by Notary Learning Center LLC
- “Notary Public Handbook: Principles, Practices & Cases” by Alfred E. Piombino
- “How to Start, Run, and Grow a Notary Business” by Kristie Lorette
- “Notary Public Journal” (various authors)
Fundamentals of Notary Public: Business Law Basics Quiz
### What is one of the primary roles of a notary public?
- [ ] Legal representation in court
- [ ] Providing financial advice
- [x] Administering oaths and affirmations
- [ ] Drafting legal documents
> **Explanation:** A primary role of a notary public is to administer oaths and affirmations to individuals making statements or legal declarations.
### Can a notary public authenticate any document?
- [ ] Yes
- [ ] No, only personal documents
- [x] No, only certain classes of documents
- [ ] Yes, except medical records
> **Explanation:** A notary public is limited to authenticating specific types of documents, primarily legal and commercial in nature.
### What authority is required for someone to become a notary public?
- [ ] Approval from a lawyer
- [ ] Certification from an educational institution
- [x] Appointment or commission from state authorities
- [ ] Passing a federal test
> **Explanation:** A notary public must be appointed or commissioned by state authorities. The requirements and process vary by state.
### What is a deposition in the context of a notary public’s duties?
- [x] Oral testimony recorded by a notary
- [ ] A financial statement certified by a notary
- [ ] A legal document drafted by a notary
- [ ] The notarial acknowledgment of property ownership
> **Explanation:** A deposition involves a notary public taking and recording oral testimony under oath for legal proceedings.
### Are notaries public allowed to give legal advice?
- [x] No, they are not allowed
- [ ] Yes, in all matters
- [ ] Yes, but only in estate planning
- [ ] Yes, if they have legal training
> **Explanation:** Notaries public are generally not authorized to give legal advice unless they are also licensed attorneys.
### Which of the following is needed before a notary public can authenticate a document?
- [ ] A witness to the document
- [ ] An analysis of the content of the document
- [x] Verification of the signer's identity
- [ ] Approval from a court
> **Explanation:** A notary public must verify the signer's identity before authenticating a document to prevent fraud.
### Can a notary refuse to notarize a document?
- [x] Yes, if the document is unethical, incomplete, or potentially fraudulent
- [ ] No, they must notarize every document presented to them
- [ ] Only if the document is outside business hours
- [ ] Only if the notary has a personal reason
> **Explanation:** A notary public can refuse to notarize a document if it violates ethical standards, is incomplete, or if there is a suspicion of fraud.
### What is the significance of a notary public’s seal?
- [ ] It adds aesthetic value to the document
- [ ] It signifies the document is legal in all jurisdictions
- [ ] It is a requirement by all signing parties
- [x] It authenticates the document officially
> **Explanation:** The notary public’s seal authenticates a document, signifying it is officially notarized and has met legal requirements.
### To become a notary public, an individual usually needs to:
- [ ] Get a doctoral degree
- [ ] First become a paralegal
- [x] Pass an exam and often complete specific training
- [ ] Obtain a law degree
> **Explanation:** Becoming a notary public typically involves passing an exam and completing specific training, with requirements varying by state.
### What type of document does a notary public often authenticate in international business?
- [ ] Local business agreements
- [ ] Employee schedules
- [ ] Company brochures
- [x] Business contracts
> **Explanation:** In international business, notaries often authenticate business contracts to ensure that they are legally binding across different jurisdictions.
Thank you for embarking on this journey through our comprehensive definition and examples of notary publics and for tackling our challenging sample quiz questions on business law basics. Keep striving for excellence in your legal knowledge!
