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NOTARIZATION BASICS
a person appointed by a state government (e.g.,
the governor, lieutenant governor, state
secretary) and whose primary role...
IT CAN CERTIFY THAT:
▸ The signature on a document is genuine;
▸ The signer agreed to the terms of the document;
▸ The sig...
MOST COMMON NOTARIAL ACTS: JURAT
▸ The purpose of a jurat — also known in some states as a “verification upon
oath or affirm...
MOST COMMON NOTARIAL ACTS: ACKNOWLEDGEMENT
▸ The purpose of an acknowledgment is for a signer, whose identity has been
ver...
NOTARIZATION BASICS: PERSONAL APPEARANCE
▸ A notary public must always require
that the principal signer personally
appear...
NOTARIZATION BASICS: SCREENING THE SIGNER
Determine Willingness - Making sure
the signer is not being forced to sign
the d...
NOTARIZATION BASICS: VERIFYING IDENTITY
Properly verifying signer’s identity is the
essential duty of Notary Public. Gener...
NOTARIZATION BASICS: DOCUMENT
Notary is not responsible for the contents
of the document, but he should always
scan over t...
NOTARIZATION BASICS: CREATING A RECORD
‣ Many states doesn’t require that
notaries maintain a journal but it is
always rec...
NOTARIZATION BASICS: NOTARIAL CERTIFICATE
When a notary performs a notarial act the notary must
complete a notarial certifi...
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Notarization Basics - Steps to Proper Notarization

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6 Steps to Proper Notarization

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Notarization Basics - Steps to Proper Notarization

  1. 1. NOTARIZATION BASICS
  2. 2. a person appointed by a state government (e.g., the governor, lieutenant governor, state secretary) and whose primary role is to serve the public as an impartial witness when important documents are signed. NOTARY PUBLIC
  3. 3. IT CAN CERTIFY THAT: ▸ The signature on a document is genuine; ▸ The signer agreed to the terms of the document; ▸ The signer of a document acted willingly; ▸ The signer made a statement under oath; ▸ A document was signed on a specific date. NOTARIZATION IS AN OFFICIAL CERTIFYING PROCESS.
  4. 4. MOST COMMON NOTARIAL ACTS: JURAT ▸ The purpose of a jurat — also known in some states as a “verification upon oath or affirmation" — is for a signer to swear to or affirm the truthfulness of the contents of a document to a Notary. ▸ A jurat requires the following steps: The signer must appear in person before you and sign the document in your presence. In some states, you are required to positively identify the signer. Notary must administer a spoken oath or an affirmation, and the signer must respond out loud. Silent answers such as a nod of the head are not acceptable.
  5. 5. MOST COMMON NOTARIAL ACTS: ACKNOWLEDGEMENT ▸ The purpose of an acknowledgment is for a signer, whose identity has been verified, to declare to a Notary or notarial officer that he or she has willingly signed a document. ▸ An acknowledgment requires the following steps: The signer must physically appear before notary. Signer must be positively identified. The signer may either sign the document before appearing before notary or in his/her presence. The signer must declare (acknowledge) signing the document for its intended purpose.
  6. 6. NOTARIZATION BASICS: PERSONAL APPEARANCE ▸ A notary public must always require that the principal signer personally appear physically in the presence of the notary for the notarization of the transaction. ▸ If the principal signer is not physically present and before the notary public at the time of the notarization, the notary must decline the notarization. There are no exceptions to the requirement of the personal appearance of the document signer at the time of the execution of the notarization.
  7. 7. NOTARIZATION BASICS: SCREENING THE SIGNER Determine Willingness - Making sure the signer is not being forced to sign the document. If coercion is suspected - notary can refuse to notarize. Determine Awareness - Document shouldn’t be notarized if a notary have a reasonable belief that the person signing the document is not aware of the significance of the transaction.
  8. 8. NOTARIZATION BASICS: VERIFYING IDENTITY Properly verifying signer’s identity is the essential duty of Notary Public. General methods: Identity documents - it always must be government-issued and contain the photograph of the holder (driver’s license, passport, “green” card, Personal knowledge - which means that notary personally know the signer. Credible identifying witnesses - person who knows the signer and can vouch for his or her identity.
  9. 9. NOTARIZATION BASICS: DOCUMENT Notary is not responsible for the contents of the document, but he should always scan over the document being presented for notarization to ensure that the document: has been completed and does not contain blank spaces or incomplete information; contains a pre-printed notarial certificate or other instructions on how the notary is to proceed with the notarization.
  10. 10. NOTARIZATION BASICS: CREATING A RECORD ‣ Many states doesn’t require that notaries maintain a journal but it is always recommended that the notary maintain a consistent, complete, and sequential record of every notarial act performed by the notary. ‣ A good journal entry contains details of the notarization that are helpful in case a document or notarization is called into question.
  11. 11. NOTARIZATION BASICS: NOTARIAL CERTIFICATE When a notary performs a notarial act the notary must complete a notarial certificate. In almost all cases, a certificate must include: The Venue – the place where the notarization is performed, usually in the format “State of …… County of ……”. Personal Appearance – a statement that the signer personally appeared, typically indicated by the words “before me”. Date – the date that the signer personally appeared before you and you completed the notarization. Type Of Act – the type of notarial act performed, indicated by the words “acknowledged” or “sworn to”. Signature And Seal – the notary must sign his or her official signature exactly as it appears on file in the office of the commissioning authority.
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