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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 notary may not authenticate their own signature or that of their spouse, nor may a notary authenticate any document to which they or their spouse are a party. An example given is that a notary could authenticate a will, even if they are an executor, but could not do so if they are a beneficiary of that will.
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 ...
In American law, a signing agent or courtesy signer is an agent whose function is to obtain a formal signature of an appearer to a document. In common parlance, most jurisdictions require the appearer to sign before a notary public. From this, the practice of a notary public designating themselves as a signing agent has arisen.
In most U.S. states and territories, notaries public are authorized to certify copies of any documents that are not public records. [10] For example, they may certify copies of passports, identification cards, driver licenses, statements and contracts. [9] In this case, the notary signs a statement directly certifying that the copy is true. [11]
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]
Such a statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public or commissioner of oaths. An affidavit is a type of verified statement or showing, or containing a verification, meaning it is made under oath on penalty of perjury. It serves as evidence for its veracity and is required ...