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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 ...
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.
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.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties ...
A person applying for a license to be a notary public receives a commission, generally indicating what political jurisdiction (state or District of Columbia) issued it, when it is valid (usually four years from issue) and the signature of the issuing authorities (usually the Governor and countersigned by the Secretary of State).
The most typical variety of this problem occurs when a notary certifies that the person whose signature appears on a document really did sign it, even though the notary didn't witness the signing.
Notaries public must be residents of the state or have an office or place of business in the state. [3] [4] Attorneys at law with the exception of taking and passing the initial, written notary examination, must follow the same appointment and re-appointment process as non-lawyers; lawyers are not automatically appointed as notaries because they are licensed as lawyers. [4]
A signature (/ ˈ s ɪ ɡ n ɪ tʃ ər, ˈ s ɪ ɡ n ə tʃ ər /; from Latin: signare, "to sign") is a depiction of someone's name, nickname, or even a simple "X" or other mark that a person writes on documents as a proof of identity and intent. Signatures are often, but not always, handwritten or stylized. The writer of a signature is a ...
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