When to Use a Notary Public?

Why Use a Notary

Utilizing a notary public can mitigate business risks, offering cost-effective services, fraud prevention, and assistance with collections. All signers must present a valid, unexpired government-issued photo identification (such as a driver's license, state identification card, or passport). Photocopies or digital versions of identification are not acceptable.

Having certain papers notarized also is important when disputes are litigated; affidavits, which are sworn statements, will not be considered by a court unless they are notarized.

A notary public helps keep business moving by giving you a very affordable extra layer of security against fraud and breach of contract. Notarizing business agreements lets you concentrate on getting the job done. While the duties of public notaries might be simple to execute, they are extremely important.

The official signature and/or embossing stamp automatically makes a document 'true and legal'. The truth is, a notary public cannot give legal advice to anyone, only a licensed attorney.

A notary witness the signing of the documents and ask each party for a sworn oath of authenticity. The document itself could still be declared fraudulent or unenforceable later in court proceedings. A notary public can only attest to the identities of the signatories and their own affirmations of authenticity at the time of notarization.

When to Use a Notary

Some examples of the kind of transactions that may require the services of a notary are:

Adoption Papers
Advanced Healthcare Directive
Affidavit of Identity
Consent to Travel Documents (for Minors)
Deed of Trust or Mortgage Grant
Durable Power of Attorney for Health Care
Irrevocable Trust or Living Trust
Last Will & Testament or Living Will
Safety Deposit Box Verification
Selling a House or Other Real Property that is Registered with the State
Selling a Vehicle
Transferring Financial Power of Attorney
Passport Applications

Three Major Kinds of Notarial Act

Acknowledgments

The Acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of 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 in the document are intended to take effect exactly as written.

Jurats

The Jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of 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 perjury should he or she fail to be truthful.

Certified Copies

The Copy Certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of original document.

(215) 435-2079

(215) 435-2079

When to Use a Notary Public?

Why Use a Notary

When to Use a Notary