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A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the ...
Notaries are prohibited from pre-dating actions; lending notary equipment to someone else (such as stamps, seals, and journals); preparing legal documents or giving legal advice; appearing as a representative of another person in a legal proceeding. Notaries should also refrain from notarizing documents in which they have a personal interest.
A notary at work (painting by German artist Max Volkhart) Entrance to notary's office in Vigo, Spain "Der Notar" ("The Notary"), Copper engraving from 1698 book by Christoph Weigel the Elder. A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession ...
An embossed foil Notary Seal from the State of New York. A notary public (a.k.a. notary or public notary; pl. notaries public) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business.
It has some similarities to a notarized copy, which is a form used in some countries, and particularly in some US states. A notarized copy is signed by a notary public (not to be confused with a notary in a civil law country). The certified copy is signed by a person nominated by the person or agency asking for it.
The new Notaries Act (Wet op het Notarisambt), commenced in October 1999 (156 years after the original act), reinforces the official position of notaries, but also expands on and adds to their traditional services. The consolidation of the notary's official position is, for example, reflected in the way the requirements of impartiality and ...
There were formerly apostolic notaries and even apostolic prothonotaries commissioned by papal letters, whose duty it was to receive documents in connection with benefices, foundations, and donations in favor of churches, the wills of clerics and other affairs to which the ecclesiastical hierarchy was an interested party.
Another more practical drawback is the conservative nature of the law. Even if use of a sworn statement is fully authorized, another individual to the transaction, such as a party to a business transaction or another person's attorney, may be unacquainted with the form and refuse to accept it in lieu of a notarized affidavit.