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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.
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 ...
A notary public, if authorized by the secretary of state to conduct electronic notarization, must maintain a journal of all electronic notarization. This journal must be in an electronic format and must be maintained by the notary or a designated custodian for ten (10) years after the performance of the last electronic notarization. [25]
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.
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.
Acknowledgment involves a public official, frequently a notary public. The party executing the legal instrument orally declares that the instrument is his or her act or deed, and the official prepares a certificate attesting to the declaration. [1] Acknowledgments are distinct from jurats, verifications, and attestations. A jurat differs from ...