Notarization

Notarization is the act of a notary public certifying that certain formalities have been observed in relation to a document or signature. The primary purpose is to deter fraud and provide authenticity by verifying the signer’s identity, ensuring voluntary signing, and recording the act.

A notary public is a public officer authorized by a state or jurisdiction to perform notarial acts. The powers and requirements vary, but common duties include taking acknowledgments, administering oaths, witnessing signatures, and certifying copies of documents. Notaries may be required to keep a public journal of acts and to affix a seal or stamp to certificates.

Process: The signer must appear before the notary with acceptable identification. The signer signs in the notary’s presence, and the notary applies a certificate stating the act performed (for example, an acknowledgment or a jurat) and affixes the seal. In many jurisdictions, the notary also records the act in a journal. The exact wording of certificates and the permitted acts depend on local law.

Types: Acknowledgment, where the signer confirms they signed willingly; Jurat, where the signer swears to or affirms the truth of the contents; Attestation of copies, where a notary certifies that a photocopy is a true copy of the original. Some jurisdictions distinguish additional notarial services such as oath administration and verification of signatures.

International use: For documents destined for foreign use, legalization may be required. An apostille under the Hague Convention may be used to certify a notarial act for use in other countries. Remote online notarization is emerging in some areas, enabling notaries to perform acts via secure video and electronic records where permitted.

Limitations: Notarization does not guarantee the truth of the document’s contents, nor that signatures are genuine beyond identification. It does not replace legal advice or the normal due diligence required for specific transactions.