Frequently the concern emerges, " Exactly what does a notary public do?" The answer to that depends on the state you live in, and can even vary county by county. While a notary only notarizes signatures, there are other functions they may perform also. For instance, a notary is instantly accredited to perform wedding in 3 states, and can apply for temporary authority to conduct marriages in others.
For the most part, a easy definition is that a Notary Public is a person who is appointed or commissioned to administer oaths and acknowledge that the signatures on documents belong to the people signing. When acknowledging a document, the notary public is stating that he or she has actually sufficiently established the identity of the signer with legal paperwork, and that the files were either checked in their presence or the signer has sworn that the signature was their own.
Given that legal files are commonly notarized, legal assistants, paralegals, or attorneys are typically designated as a notaries. Being used in the legal field is not a requirement to becoming a notary and there are lots of classes offered, both online and in person that will teach a individual how to bring out the duties of a notary public, and will prepare them to take the state test.
In California, where I practice, the notary is verified in their role by the Secretary of State. In other states, such as Florida, Minnesota, and South Carolina, notaries are in fact notary public austin texas selected by the governor, or when it comes to New Jersey, a notary public is commissioned by the State Treasurer. Conduct an online look for your state and you will easily learn who monitors the notary process for your state. The length of time that a notary commission or consultation stands varies by state, however usually they range from 4 to Ten Years in many cases.
By and large, notaries are not allowed to offer legal recommendations, make recommendations relating to contracts, or describe to a individual how their signing of a file affects them. The notary public is merely there to guarantee that the person called in the document is the one who is finalizing. Anything that exceeds that could be premises for the notary having their commission suspended and even revoked.
Tools of the Trade
The tool kit that a notary uses to meet their responsibilities is very easy. Every notary has an official seal that is utilized to "stamp" files. The seal includes the name of the notary, state and county where they are authorized to notarize, and the date their commission ends. Additionally, each notary need to keep an official journal where they tape the type of files they notarized, the place where the signing happened, and to record signatures as evidence of the signers' identity. In many states a notary will likewise take a thumb print from the signer and place it beside their journal entry.
A notary is immediately licensed to perform marriage events in three states, and can use for short-term authority to perform marriages in others.
In other states, such as Florida, Minnesota, and South Carolina, notaries are in fact designated by the guv, or in the case of New Jersey, a notary public is commissioned by the State Treasurer. Conduct an online search for your state and you will easily discover out who supervises the notary procedure for your state. The seal includes the name of the notary, state and county where they are licensed to notarize, and the date their commission expires.