What is a Notary Public?

"The notary public is a public official appointed by the Secretary of the State through the power vested in the secretary by state law. The notary has the power to administer oaths, take acknowledgments and perform other duties as permitted by law. It is the duty of all notaries to serve the public and they may not unreasonably refuse to perform a notarial act for any member of the public who tenders the statutory fee and meets all requirements prescribed by statute. However, the notary must exercise equal care not to exceed the authority of the office by offering opinions or advice to persons requesting performance of notarial acts.

Integrity and skill are required of all notaries when discharging their duties. The mere mechanical performance of the duties and responsibilities of this office cannot ensure the high level of performance and reliability that must be the hallmark of each notarial act. The notary must always comply with Connecticut state law and provide high quality service, while remembering that a notary public does not have the training or authority to prepare legal documents or recommend a course of action in legal transactions. Any person who is in need of such assistance should be advised to consult an attorney." ~ Connecticut Notary Public Manual

What does a Notary Public Do?

A notary appointed under Connecticut law is a notary for the entire state and may perform his/her duties anywhere within the state. The notary has the power to administer oaths, take acknowledgments, take depositions in civil actions or probate proceedings, issue, upon request, subpoenas for the appearance of witnesses to give depositions in civil matters or probate proceedings, and issue subpoenas for the appearance before out-of-state commissioners.

A Notary Public notarizes signatures on documents. They do not notarize documents.

The most common service performed by a notary is certification that the person who signs a document is in fact that person. They do this by examining the signer's ID. State law defines what is considered to be proper ID for use in establishing identity by a notary public. The notary may also certify that the person has declared that a particular document has been signed by them for the purposes stated within the document. (Known as an acknowledgment) An acknowledgment is the solemn statement of a person that he or she signed a document of his or her own free will. The notary's signature and seal verify to anyone later examining the document that the identity of the signer was confirmed to be the person listed on the document.

A notary may also take oaths or affirmations. Oaths and Affirmations must be given in person. An oath is an affirmation of the truth of a statement, which renders any person who willfully makes untrue statements subject to the penalties for perjury or false statement. The term includes all forms of attestations by which a party signifies that he/she is bound in conscience to perform the act faithfully and truthfully. An affidavit is a written or printed declaration or statement of facts, made voluntarily and confirmed by the oath or affirmation of the party making it before a notary. The usual procedure for indicating that an oath has been administered in connection with an affidavit is as follows: The notary administers an oath to the party making the affidavit. The party must then sign the affidavit in the presence of the notary. The notary then attaches a certificate, which is commonly called a jurat, to the affidavit. Note - the notary does not certify that the statements are in fact true, but rather, only that the signer is attesting to that fact.

In all notarizations, the notary verifies the person's identity, presses his/her notary seal on the paper and signs it where the notary is meant to sign. The notary also ensures the document is executed properly.

Notarization is intended to deter fraud. The notary public acts as an impartial witness ensuring that the signer of a document is who they say they are and that the person signed the document willingly. It is also important for the Notary to be sure that the signer is aware of and understands what he/she is signing and is free from any coercion.

Does Notarization Make a Document "True or Legal"?

The simple answer is "no". Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signer(s) is/are solely responsible for the content of the documents and, therefore, subject to the penalties of perjury for providing false statements.