What is the role of a Notary Public?

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When people hear the word "notary," they often think of someone who stamps documents — but there's a lot more to it than just a seal. Notaries play a crucial role in our legal and business systems, helping prevent fraud and ensure trust in important transactions.

Whether you're signing a power of attorney, closing on a home, or finalizing a business contract, a notary public may be required to make things official. But what exactly does a notary do, and why does it matter? Let’s break it down.

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What Is a Notary Public?

A notary public is a state-commissioned official who serves as an impartial witness in the signing of important documents. Their primary job is to verify the identity of the signers, ensure that all parties are signing willingly and knowingly, and to deter fraud.

Each state has its own laws governing notaries, but the core responsibilities are generally the same.

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Common Duties of a Notary Public

Here are the key tasks that notaries perform:

1. Verifying Identity

Before notarizing, a notary must confirm that the signer is who they claim to be. This typically requires government-issued photo ID such as a driver’s license or passport.

2. Witnessing Signatures

The notary must be physically present (or virtually present in states that allow remote notarization) to witness the document being signed. This ensures that the person signing is doing so in real time and not under duress.

3. Administering Oaths and Affirmations

Some notarial acts involve swearing to the truth of a document or statement. Notaries can administer oaths or affirmations under penalty of perjury, which is often used in affidavits or depositions.

4. Certifying Copies of Documents

In some states, notaries are authorized to certify that a copy of a document is a true and accurate reproduction of the original.

5. Keeping a Notary Journal (in certain states)

Many states require notaries to maintain a log of their notarizations, including date, type of document, signer name, and form of ID presented. This adds an extra layer of accountability and protection for all parties involved.

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Why Is Notarization Important?

Notarization adds credibility and trust to the signing process. Here’s why it matters:

• Prevents fraud: A notary verifies identity and ensures signatures are authentic.

• Protects all parties: Notaries confirm that signers understand what they’re signing and are doing so willingly.

• Creates a legal record: Notarized documents often hold more weight in court and may be required by law for certain transactions.

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What Kinds of Documents Need a Notary?

Some of the most common documents that require notarization include (but not limited to):

• Real estate closing documents

• Powers of attorney

• Wills and trusts

• Affidavits

• Loan agreements

• Adoption papers

• Medical authorizations

Depending on the state and situation, notarization may be legally required or simply a way to reinforce a document’s authenticity.

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A notary’s work is about more than just signing and stamping. It’s about trust, accountability, and protection. Whether you're an individual finalizing a personal document or a business conducting important transactions, a notary ensures that your paperwork is handled legally and securely.

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If you have any questions about having a document notarized, contact us, and we will answer your questions.