Yes and no. The notary does not need to read every word of the document, and can not advise you as to the legality of the document. However, the notary does have to scan over the document for several purposes: (1) to ensure that there are no blank spaces; (2) to determine which type of notarial act is necessary; (3) to record the document description in his or her journal; (4) to ensure that the document does not require the notary to perform an act he is not authorized to do; (5) to determine that the underlying transaction does not appear to be fraudulent on its face.
A notary need not be a lawyer and is not expected to know the detailed contents of a document. A notary does not need to know what a document says, what a document does, or whether the document is legal. A notary cannot tell you what kind of notarization your document requires. The document is presented to the notary, the notary crosses out any blank or incomplete areas, verifies the identities of the signers/signatures, and then performs a notarial act - either an acknowledgment or an oath - and that's it. If the document appears to be blatantly fraudulent or the notary suspects fraud or duress, the notary can refuse the notarizaton.
The purpose of a notary is to verify that the person executing the document is signing it voluntarily, or that he/she took an oath that the contents of the document are true and correct. Notarization also verifies the identity of a person who appears before the notary, or that a copy of a document is true to the original.
The purpose of having a document notarized is either (1) to assure that the people signing said document did so willingly or swore that the document is correct, and that they are who they say they are or (2) to assure people that a copy of a document is a true copy of the original.
An affidavit, a type of notarized statement, is similar to speaking in court. Upon signing an affidavit, the signer swears by oath or affirmation that the words in the document are his/her words. The notary verifies that the person is who they claim to be and must witness the signature hitting the paper.
If the notary is aware the signature is a forgery they are in violation of the law. The violation should be brought to the attention of the district attorney's office.
No. The whole purpose of the notary is to ensure that the person signing the document is competent and knows what they are signing. That is why a notary can not notarize a document unless the signer is in the physical presence of the notary. If a notary affixes his or her stamp to a document, knowing that the person is incoherent and does not understand the document, the notary is guilty of a felony in most states.
If the document is being signed in the state in which they have Notary power then it is a valid notarization regardless of where the document is ultimately utilized.
A notary does not notarize a document. A notary notarizes a signature. The notary is not prohibited from notarizing a family member's signature.
The notary is not certifying the document, only the signature. He has to check the signer's identification and watch him sign the document.
A notary does not notarize a document. A notary notarizes a signature. The notary is not prohibited from notarizing a family member's signature.
A notary public does not notarize a document. He/she can notarize a signature.
Notary Public's can notarize any document they are presented with. It is up to the holder of the document to determine whether that notarization will stand up, or not, wherever it is presented - NOT the Notary's.
It depends on what you're asking. I suspect you mean, "How do you get a document notarized?" If so, you take the document to a Notary Public, sign the document in front of the Notary, and show ID. The Notary will stamp, date, and sign the document. You can usually find a Notary at a local bank. A Notary will normally charge you a small fee.
The notary seal and notary's signature does not make a document a binding contract. The signatures on a contract can be notarized. However, when a document if notarized, the notary is simply stating that to the best of their knowledge the signature is that of the person signing the document. In other words, the notary verifies a signature that they witness. A contract would be binding once the participants sign it in front of the notary and the document is notarized.
Anyone can be a witness as long as they prove their identity to the notary and see the document being signed. A good notary keeps a journal of all the names and addresses presented for notarized identification. It is not uncommon for documents requiring witnesses to have random witesses. As a traveling notary, I sometimes brought witnesses with me, just my properly identified friends, to witness document signings.
Yes it may. However - then the authenticity of the signature COULD be questioned at a later time (i.e.: Did THAT particular person REALLY sign the document?) whereas signing in the presence of a Notary Public would eliminate that question.