Simply put, a notarization is the official fraud-deterrent process that assures the parties of a transaction that the document being signed is authentic and can be trusted. Performed by a commissioned Notary Public, it includes properly vetting the signer, certifying the notarial act and record keeping of the notarization.
The core value of the notarization process relies on the Notary’s impartial screening of a signer for identity, willingness, and awareness. Proper screening helps to deter and detect fraud and helps to protect the personal rights and property of private citizens from forgers, identity thieves and exploiters of the vulnerable.
A notarization is the assurance by an impartial and duly appointed (commissioned) Notary Public that a document is authentic, that its signature is genuine, and that the signer acted without duress or intimidation.
There are several types of Notarial Acts. They include Acknowledgments, Jurats, and Certified copies, although there are many other duties a Notary can perform. Acknowledgments are typically performed on documents which control or convey ownership of valuable assets. Such documents include real property deeds, trusts, and powers of attorney. For an acknowledgment, a signer must appear in person at the time of the notarization to be positively identified and to declare (acknowledge) that the signature on the document is his or her own, that it was willingly made, and that the provisions contained within the document are meant to take effect exactly as written.
A jurat is typically performed on evidentiary documents that are crucial to the operation of our civil and criminal judicial system. Such documents can include affidavits and depositions. For a jurat, the signer must appear in person at the time of the notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one’s personal honor. A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for lying under oath should he or she fail to be truthful.
A copy certification is performed to confirm that a reproduction of an original document is true, exact, and complete. Such originals might include college diplomas, passports, or other important personal papers which cannot be copy-certified by a public records office such as a bureau of vital statistics. This also includes documents the holder must submit for some purpose, but they do not want to part with the original document. This form of notarization may not be an authorized notarial act in every state, and in states where it is authorized, may only be performed on certain kinds of original documents.
There are three steps to a proper notarization. First, the Notary must screen the signer for identity, awareness, and willingness, to sign the document. Second, the key details of the notarization must be properly recorded in the Notary’s journal of notarial acts. While some states do not require a Notary to maintain a journal of notarial acts, it is best practice for the Notary to do so as a chronological record of notarial acts which they performed. Some states even require a signer’s thumbprint along with their signature in the Notary’s journal as further steps taken to prevent fraud.
The third step in a proper notarization is the completing of a “notarial certificate” that states exactly what facts are being certified by the Notary in the notarization. After the signer is properly vetted, the facts of the notarization recorded, any oath or affirmation completed, and the document signed, the Notary affixes their seal of office and signs where required on the notarial certificate. The seal is the universally recognized symbol of the Notary office, and its presence gives a notarized document considerable weight in legal matters and renders it genuine in a court of law.
