The Services And Value Provided By Notary Publics
http://www.lawsays.net/articles/9366/1/The-Services-And-Value-Provided-By-Notary-Publics/Page1.html
Chris Harmen
Chris Harmen is a writer for The Estate Planning Company, specializing in Colorado estate planning and offers Colorado Wills and trust packages. By Chris Harmen
Published on 09/8/2011
Notary publics serve as impartial witnesses to legal transactions, administer oaths and acknowledgements. Their impartial service is of great value in establishing a public trust.
It seems like nearly everyone needs to use the services of a notary public at some point in their lives. Sometimes we may not even understand why we need to find one or their role in the transaction. For the curious, here's a brief overview of the valuable services provided by notary publics in the United States.
A Notary Is An Impartial Witness
Licensed and appointed by the individual states, the primary function of a notary is to serve as an impartial witness to the signing of important, often life-changing, documents. They have undergone specialized training and unless they have been commissioned to serve in other states, are barred from performing notarial acts outside of their state or jurisdiction. Although notaries perform acts in legal affairs, they do not practice law themselves. Instead, they serve the important role of fraud deterrence.
Some of the more common forms that may need to be witnessed are: mortgages or deeds, titles, wills and power of attorney, affidavits or paperwork related to retirement investments and banking.
It is important to note that although notaries can verify that all forms and documents are in order, they cannot advise the signer or interpret the document in any way. They also cannot notarize anything in which they may have a personal interest.
Oaths and Acknowledgements
Another regular function of notaries is to take oaths and acknowledgements. This is one reason why it is so common to find them working as secretaries, bankers, court reporters or government workers. These are all career fields where the taking of oaths or acknowledgements is relatively common. For example, a court reporter may double as a notary in order to take depositions. In banking, they may sign an acknowledgement indicating the signee signed a document of his or her own free will and was not forced to do so. One example of a government employee serving as a notary would be to administer an oath of office.
A Notary Upholds Public Trust
By verifying that the person signing a document is indeed who they claim to be, notaries help ensure that document transactions between strangers are legitimate and valid. The only time they may refuse service to an individual is if there is doubt about the signer's identity, competence, or willingness to sign or if they suspect fraud is being committed. They cannot refuse to serve anyone based on race, religion, nationality, political beliefs, and lifestyle or for not being a customer of their place of business.
It is this upholding of public trust that makes notaries so valuable. By verifying that signees are who they claim to be, are not signing under duress and understand what they are signing, notaries provide a level of confidence in transactions that may not exist otherwise.
A Notary Is An Impartial Witness
Licensed and appointed by the individual states, the primary function of a notary is to serve as an impartial witness to the signing of important, often life-changing, documents. They have undergone specialized training and unless they have been commissioned to serve in other states, are barred from performing notarial acts outside of their state or jurisdiction. Although notaries perform acts in legal affairs, they do not practice law themselves. Instead, they serve the important role of fraud deterrence.
Some of the more common forms that may need to be witnessed are: mortgages or deeds, titles, wills and power of attorney, affidavits or paperwork related to retirement investments and banking.
It is important to note that although notaries can verify that all forms and documents are in order, they cannot advise the signer or interpret the document in any way. They also cannot notarize anything in which they may have a personal interest.
Oaths and Acknowledgements
Another regular function of notaries is to take oaths and acknowledgements. This is one reason why it is so common to find them working as secretaries, bankers, court reporters or government workers. These are all career fields where the taking of oaths or acknowledgements is relatively common. For example, a court reporter may double as a notary in order to take depositions. In banking, they may sign an acknowledgement indicating the signee signed a document of his or her own free will and was not forced to do so. One example of a government employee serving as a notary would be to administer an oath of office.
A Notary Upholds Public Trust
By verifying that the person signing a document is indeed who they claim to be, notaries help ensure that document transactions between strangers are legitimate and valid. The only time they may refuse service to an individual is if there is doubt about the signer's identity, competence, or willingness to sign or if they suspect fraud is being committed. They cannot refuse to serve anyone based on race, religion, nationality, political beliefs, and lifestyle or for not being a customer of their place of business.
It is this upholding of public trust that makes notaries so valuable. By verifying that signees are who they claim to be, are not signing under duress and understand what they are signing, notaries provide a level of confidence in transactions that may not exist otherwise.