FAQ

Reasons Why A Document Cannot Be Notarized

  • One of the signers is not physically present at the time of appointment
  • The document is incomplete or blank
  • The signer cannot produce acceptable identification
  • The signer appears to be drunk, incoherent, or disoriented
  • The notary knows or suspects that the transaction is illegal, false, or deceptive
  • The signer does not speak English and there is no one available to translate the document into a language the signer understands
  • The notary believes that the signer is being coerced or does not understand the consequences of signing the document
  • The signer or witnesses do not agree to signing the document

What Is A Notary Public?

  • A Notary Public is an official of integrity appointed by state government, usually the Secretary of State, to serve the public as an impartial witness in performing a wide variety of fraud-deterrent acts related to the signing of important documents.
  • What Does A Notary Public Do?
  • A Notary identifies signers of important documents, determines their willingness to sign without duress or intimidation, and ensures their awareness of the contents of the documents or transaction. Some documents require the signer to take an oath or affirmation, declaring under penalty of perjury, that the signer is who they present themselves to be, and/or that the information contained in the documents(s) is true and correct. Notaries are authorized to administer the oath or affirmation
  • Why Are Documents Notarized?
  • Documents are notarized to increase public trust in transactions and to deter fraud.
  • Are Notarizations Required By Law?
  • For many documents, yes. Mortgages, real estate transactions and certain affidavits are not legally binding unless they are properly notarized.
  • Does Notarization Make A Document “True” Or “Legal”?
  • No. Notarization does not make a document legal if it is legally deficient before it is notarized. Notaries are not responsible for they accuracy or legality of documents they notarize. The issuer and/or the signer of the document are responsible for the contents of the document(s).
  • Can A Notary Public Give Legal Advice Or Draft A Legal Document?
  • No. A Notary is prohibited from preparing legal documents or acting as a legal advisor unless they are in fact also an attorney. Violations to this rule are considered unauthorized practice of law.

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