Why Might I Need A Notary Public?
A Notary Public is an official of integrity appointed by state government to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a “judicial” official.
Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.
Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary’s screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer.
As official representatives of the state, Notaries Public certify the documents of private citizens for real estate transactions, granting powers of attorney, establishing a prenuptial agreement, or performing the multitude of other activities that enable our civil society to function.
Notaries deter fraud and establish that the signer knows what document they’re signing, and that they’re a willing participant in the transaction.
Generally, a Notary will ask to see a current ID that has a photo, physical description and signature, including a driver’s license or passport.
A U.S. Notary Public is not an attorney, judge or high-ranking official. They are not a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country. Notaries in the United States should be very clear about what they can or cannot do to serve immigrants.