ARTICLES

Common Misconceptions About Notaries

1. A notary notarizes a document.
   A notary witnesses a signature, not a document. The notary’s primary role is to act as an impartial witness to the signing of a document. The act of notarization is the statement from the notary on the document that the signer (generally) did one of two things in their presence. The signer has either 1. verbally acknowledged that they have signed of their own free will and act or deed, (Acknowledgement) or 2. verbally stated, under oath, that the information contained within the document that they have signed is true and accurate to the best of their knowledge and belief (Jurat). The notary then completes the correct form for the act they have performed. Some states allow for other acts to be performed by a notary, but the preceeding is allowed in every state.
2. A Notary decides which form is right for a document.
   The notary cannot decide which form is appropriate for a document. Most forms come to the notary with the correct format preprinted on the document. The notary may attach a loose certificate to the document, in the same format as preprinted, if the preprinted wording is not as prescribed by state law, if there is not enough room on the document to complete the notarization or if it is in a foreign language in which the notary is not literate. Lacking preprinted wording, the signer has the responsibility to know which format is required for the document presented.
3. If a document contains the notarial wording, the notary can always notarize it.
   Notaries generally cannot notarize their own signature. Common sense tells us that a person cannot appear before himself or herself, put themselves under oath or witness their own signature. The trick for the notary is to watch the language used within the document for clues as to whose signature is being notarized. Just because a document contains notarial wording doesn’t necessarily mean it can be notarized.
4. Notarization makes a document legal or true.
   Not really. The notary makes no statement regarding the validity of the document’s contents. The notary simply acts as an impartial witness to the signature contained on the document, and/or states in writing that the signer appeared before the notary, with proper ID. The notary further states that the signer stated that the document was signed of the signer’s free will or that the signer signed in front of the notary and attested to the validity of the statements contained within the document. In no way does the notary validate the truthfulness of the contents of the document.
5. A Notary can just “sign and stamp” on a document.
   A Notary performs a notarial act, which is recorded on the document in a prescribed format. The signature and stamp of a notary is the last part of the service performed. Typically, a journal entry is made detailing the type of act performed, details about the document it was performed on, as well as the date and time of the act and who signed the document as well as how the person was identified. The act itself usually involves some type of verbal statement made by the signer, which is recorded in written form on the document. Finally, the signature and stamp are applied to the document.
6. If an error is made, a Notary can just send a replacement certificate, or a Notary can include an “All-Purpose Acknowledgement” with the documents just in case of error.
   A Notary should NEVER comply with these requests. The potential for the loose certificate to be attached either mistakenly or fraudulently to a different document than intended is a HUGE risk that should be avoided at all costs. Should an error occur, the Notary should be sent back the incorrect document and attach a new certificate to the document themselves. No one except the notary can correct an error in notarial wording.