• Wed. Dec 18th, 2024

The Significance and Advantages of “Notarization”

The majority of folks will need a notary’s assistance at some point in their lives. The need for a document to be “notarized” may seem like a hassle to a lot of people, yet notarizations are necessary for society to protect transactions.

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There are four main advantages of a thorough notarization:

1. The act of notarizing a document guarantees the receiver that the signer was correctly recognized and personally present before the notary.

Regardless of the date on the document, the official notary seal and signature on a notarial certificate reassures the receiving party that the document was notarized on that date. The notary verified the signer’s identity by asking to see a government-issued photo ID, citing their own personal knowledge of the signer, or relying on the oath of a reliable witness.

2. Notarization guarantees the recipient of the document that the signature was provided voluntarily.

The notary must watch the signer’s actions and seek for indications of coercion in order to verify this. Making direct eye contact, the notary may inquire, “Are you signing this document of your own free will and for the purposes stated therein?” to the signer. The notary shall decline to complete the notarization if they believe there is any type of coercion.

3. A private instrument becomes public when it is notarized.

Once a notary completes a notarial act and attests to it being fully compliant with the law, the act is notarized. For instance, a notary completes the notarial certificate, obtains the signer’s acceptance, affixes their official notary seal, and signs a power of attorney that the client brings to the notary. Now that the POA instrument has been attested by a state authority qualified to oversee document execution, it will be recognized. This document can be admitted into the official files, apostilled or authenticated for use abroad, or given to any individual or organization as evidence that it was duly acknowledged or swore to before a public authority. The notarial assertions contained in a notarial certificate are regarded as unquestionable proof.

4. Notarization lowers the number of fraud and forgery cases.

Fraud and forgeries would be commonplace in numerous businesses if notarization was not used. Although anybody can witness a signature, only an official designated by their state’s laws is considered qualified to ascertain that a document was signed by the right person, voluntarily, and freely. While a private individual who stands to gain from the execution of the document would have every incentive to fabricate information in court, the officer, as an impartial third party, should have no motive to lie about the circumstances surrounding the execution of the document.

The Notarization’s Boundaries

Only the act of notarizing an instrument demonstrates that the signer freely accepted its execution or took the required oath. It neither establishes the accuracy of the document’s contents nor gives it any legal standing. Before and after notarization, an inaccurate, false, or fraudulent document shall remain such.

You are crucial in preventing identity theft and other crimes as a notary public. You may safeguard the public as well as yourself by confirming that the signer is who they say they are and that they comprehend what they are signing.