1. What is a notary public?
A notary public is a person authorized by the state to serve as an impartial witness to the signing of documents, verify identities, administer oaths, and perform other duties such as taking acknowledgments, affirmations, and oaths.
2. What are the main duties of a notary?
Notaries have several key responsibilities, including:
- Verifying identities of individuals signing documents.
- Witnessing signatures on legal documents.
- Administering oaths and affirmations.
- Taking acknowledgments (confirming that a person voluntarily signed a document).
- Certifying copies of documents (in some states).
- Taking affidavits and depositions (in some jurisdictions).
3. What types of documents do notaries notarize?
Notaries typically notarize a wide variety of legal documents, including:
- Deeds
- Wills
- Powers of attorney
- Affidavits
- Contracts
- Loan documents
- Business agreements
4. Can a notary give legal advice?
No, notaries are not authorized to give legal advice or prepare legal documents. Their role is limited to witnessing signatures, administering oaths, and performing other specific duties. If you need legal advice, you should consult an attorney.
5. Do both parties need to be present for notarization?
Yes, in most cases, the person signing the document must be physically present in front of the notary. The notary will verify the signer’s identity and ensure they understand the contents of the document.
6. What forms of identification can a notary accept?
A notary will typically ask for a government-issued photo ID, such as a:
- Driver’s license
- Passport
- State or military ID
- Other official identification with a photo and signature.
If a signer doesn’t have photo ID, the notary may be able to use credible witnesses to confirm the signer’s identity.
7. Can a notary notarize documents for family members?
Yes, a notary can notarize documents for family members, but they should avoid situations where there might be a conflict of interest. For example, a notary should not notarize a document if they are a party to the transaction or have a financial interest in it.
8. How do I become a notary?
To become a notary, you must meet the qualifications set by your state or jurisdiction. Generally, the process involves:
- Meeting age and residency requirements.
- Completing an application and paying a fee.
- Passing an exam (in some states).
- Taking an oath of office.
- Purchasing a notary bond (in some states).
9. What is a notary bond?
A notary bond is a type of insurance that protects the public from any potential mistakes or misconduct by the notary. It is required in most states, and the notary must maintain the bond throughout their term of office.
10. How long is a notary commission valid?
Notary commissions typically last between 4 to 10 years, depending on the state. After this period, a notary must renew their commission.
11. Can a notary charge a fee for services?
Yes, most states allow notaries to charge a fee for their services, but the fee is usually set by state law and can vary. For example, some states set a maximum fee per notarization, while others allow notaries to charge reasonable rates.
12. What is the difference between a notary and a notary signing agent?
A notary signing agent is a notary public who specializes in notarizing loan documents, typically in real estate transactions. They may also undergo additional training and certification to handle specific types of documents such as mortgage documents and title agreements.
13. What should a notary do if they make an error?
If a notary makes an error, they should correct the mistake immediately by adding a note to the document (if possible) or completing a corrective certificate, depending on the error and the document in question. The notary should also keep a record of the correction.
14. What is a notary journal?
A notary journal is a record-keeping tool used by notaries to document each notarization they perform. The journal should include details like the date, type of document, names of parties, and how the signer’s identity was verified.
15. What happens if a notary makes a mistake or commits fraud?
If a notary makes an error or commits fraud, they may face disciplinary action by the state, including suspension or revocation of their commission. In cases of fraud or intentional misconduct, criminal charges may also apply, leading to fines or imprisonment.
16. Can a notary notarize a document if the signer does not speak English?
Yes, a notary can notarize a document even if the signer does not speak English, as long as the notary can effectively communicate with the signer to confirm their understanding of the document. Some states allow the use of an interpreter in such cases.
17. How does this work?
We travel to your requested location, all you need to do schedule an appointment. Must have a valid ID and documents ready for the appointment.
18. Do you go to Hospitals?
Yes, a traveling notary can come to you at the hospital, nursing rehab, nursing homes, rehab center any and all facilities needed.