Articles

Notary: Authenticating a Document to make it a Notarized Letter

by APSense News Release Admin

When it comes to a notary, some questions may be related to it like what is a notary, what is a notary public, what is a notarized letter, and what does a notary do. 


A notary or a notary public is an official appointed by a state government to be an impartial witness when important documents are signed. In the legalization of any document, a notary is an important person without whom any document cannot be legalized. Notary has the right to reject any document if he finds it not to be valid or found any type of fraud, the role of the notary is to prevent any type of fraud.


Although the notary has the right to reject any document if not found valid, the notary cannot reject any document based on caste, religion, class, or even nationality.


Who can be a Notary?


The qualification of notary varies from state to state, however, there are some common eligibilities for notaries that are followed by most of the states:

  • The person should be at least 18 years of age

  • The person should reside in the state.

  • The person should not have any criminal charge and should have a clear criminal background


What does a Notary do in the notarization of a document?


The definition of notary made it clear that what is a notary or what is a notary public, now comes the role and duties of a notary. 

The letter for notarization may include the commitment, original signatures of the parties involved in the agreement (in front of a notary), and also photo identification of the signers. 


The duties of a notary vary from state to state, however, the main role of a notary is to identify and verify the person signing the document. The signer must sign the document in front of the notary and if it is found that the signs are made beforehand then the notary can reject the document from making it legal.


 Other duties of a notary may include the following:


  • Identification of Fraud: For making a notarized document it is important that, the notary should ensure that there is no fraud being done, this may be done by re-checking the document, ensuring that there is no blank space in the document as the blank spaces can be later used for modification for fraud, the notary must check the photo identification proof, signs, address mentioned should be matched with the proofs presented.


  • Affirmation of state of mind of the signing parties: They must make sure that the signers of the document sign in their free will and understand what is written in the document. If the notary found that the signing party doesn’t understand what they are signing for, the notary may make them understand the document.


  • Verification for the identification proofs presented: 

The notary must verify the details of the identification proof presented, and must also verify the signer by Id proofs (Photo ID proofs like a driving license, a passport ), credible identifying witness, and some states like California may also allow the identification and verification by personal knowledge method in which the notary personally knows the signer.


  • Maintenance of Journal Entry: After completion of all the formalities and verification processes, the notary will prepare a journal entry for the notarized letter. The notary will have to enter all the information related to the document like the date, time, document details, signer’s name address, signature, method of verification and the fee charged. Maintenance of journal entry helps to get the information regarding any question or doubts for the notarized letter.


  • Issuance of Notarial Certificate: If the notary is satisfied with the minimum requirement of the document then he makes it a notarized document. In the process of notarization, this is the last step, in which the notary affixes his seal at the proper place and signs the document, but the sign and seat must not overlap.

Once the notarized document is stamped with the seal of notary then it becomes legal.


Cost for notarization:

The notary fees may vary among states but the maximum amount a notary may charge would lie from $2 to $50 for the first signature.


A notary is an impartial witness for the legalization of a document and thus making it a notarized letter by creating a trustworthy environment for the parties involved in signing the document.


For more legal information, please visit: www.getlegal.com



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Created on Mar 1st 2021 08:44. Viewed 147 times.

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