What is Notarization?

Notarization is a critical process that ensures the authenticity and trustworthiness of a document. It is performed by a Notary Public, who is a neutral and impartial third party appointed by the government to carry out this process. Notarization involves three steps: vetting, certifying, and record-keeping.

The primary value of notarization lies in the Notary's screening of the signer for identity, willingness, and awareness. This process detects and deters document fraud, protecting the personal rights and property of individuals from forgers and identity thieves.

Notarization also prevents countless forged and coerced signatures that would otherwise clog up the court system and undermine the trust that enables our society to function.

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Types of Notarial Acts

There are different types of notarial acts, including acknowledgments, jurats, and certified copies. An acknowledgment is typically performed on documents controlling or conveying ownership of assets, such as real property deeds or powers of attorney.

The signer must appear in person to be positively identified and to declare that the signature is their own and that the provisions in the document are intended to take effect.

A jurat is typically performed on evidentiary documents that are crucial to the operation of our justice system, such as affidavits or depositions. The signer must appear in person to sign the document and swear an oath or affirmation that the statements in the document are true. Failing to be truthful may result in prosecution for perjury.

A copy certification is performed to confirm that a reproduction of an original document is true, exact, and complete. This type of notarization may only be performed on certain kinds of documents and may not be authorized in all states.

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Each state and jurisdiction has its own laws governing the performance of notarial acts. While these laws are largely similar for the most common notarizations, there may be some unusual laws in certain states.

In Washington, for example, certification of the occurrence of an act or event is an authorized notarization. In Maine, Florida, and South Carolina, performing a marriage rite is also an allowed notarial act.

Parts of a notarization

The parts of a notarization include the Notary's screening of the signer, the entry of details in the Notary's journal, and the completion of a notarial certificate. The certificate includes the date, the type of notarial act, and the signer's declaration that they are aware of the contents of the document and have signed willingly.

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Notarization is an essential part of many transactions and legal proceedings, providing the assurance of authenticity and trust. It protects the rights and property of individuals and helps prevent fraud and coercion. It is essential to choose a qualified and reputable Notary Public to carry out this process.

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