FAQ’s
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What is a Notary Public?
A responsible person appointed by state government to witness the signing of important documents and administer oaths.
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What does a Notary Public do?
A 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.
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May a Notary give legal advice or draft legal documents?
No. A Notary is prohibited from preparing legal documents or acting as a legal advisor unless they’re also an attorney. Violators can be prosecuted for the unauthorized practice of law.
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How does a Notary identify a signer?
Generally, a Notary will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver's license or passport.
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What is required for a document to be notarized?
Most documents that are notarized must have the following:
(1) Language that commits the signer in some way.
(2) A signature.
(3) A notarial certificate that the Notary completes to evidence the notarization.
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Is notarization required by law?
For many documents, yes. Mortgages, real estate deeds and certain affidavits are not legally binding unless they’re properly notarized.
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Does notarization make a document “true” or “legal”?
No. Notarization does not make a document legal if it’s legally deficient before it is notarized. Notaries are not responsible for the accuracy or legality of documents they notarize. The document issuer or signer are responsible for the content of the documents.
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May a Notary notarize immigration forms?
Few immigration forms need to be notarized. However, if an immigration form requires notarization, a Notary is authorized to perform it.
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May a Notary prepare or offer advice on immigration forms?
U.S. Citizenship and Immigration Services (USCIS) regulations state that with few exceptions no one may prepare or file another person’s immigration papers or represent the person in an immigration matter unless he or she is an attorney, or a U.S. Justice department approved “accredited representative.” Courts have held that even a non-attorney’s selection of which legal forms to complete can constitute the unauthorized practice of law.
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Is a Notary Public and a Notario Publico the same?
No. Though they sound similar, the roles and duties are very different. In Latin America, a Notario Publico is an attorney or a high-ranking official (such as a judge). In the United States, a Notary cannot prepare legal documents or give advice on immigration or other matters unless the Notary is also an attorney.
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How much does a notarization cost?
Fees are set by state law, so they vary. The cost can range from 50 cents to $15, depending on the state.
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Where do I report illegal or improper acts by a Notary?
Any wrongdoing or illegal activity should be reported to law enforcement or to the appropriate state office that regulates Notaries. In most states the Notary regulator is the secretary of state, but depending upon the state it could be the governor, lieutenant governor or attorney general.