Notary Services FAQs
Q: What is a Notary Public?
A: A state-appointed official commissioned to witness the signing of important documents and to administer oaths.
Q: Why are documents notarized?
A: To deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.
Q: How does a notary identify a signer?
A: Generally, the notary will ask to see current identification with a photograph, physical description and signature. A driver's license, military I.D. or passport usually are sufficient. The identification document must be current or has been issued within five years.
An alternative is to have two other people present (with current I.D.s) who will swear to the signer's identity. The identifying witnesses should not have a financial interest in the matter and their names should not mentioned in the signed document.
Q: Can a notary public assist in the preparation of documents?
A: No, a notary can only witness the signing of the documents; this maintains the notary's standing as an impartial witness to the signing.
Q: Can I be refused a notarization?
A: The notary public may refuse to perform the notarization if he cannot be certain of a prospective signer's identity, willingness, or current understanding of what is happening.
Q: Can a notary certify a copy of a passport or a driver's license?
A: The notary public may perform a "copy certification by document custodian", in which the holder of the original document certifies the copy in a written statement, and the notary executes a "jurat" underneath the signed statement.
Q: What is an apostille?
A: An apostille is a certificate issued by the Secretary of State or a Notary Public-regulating agency that proves the authenticity of a Notary's signature and seal. An apostille alone is sufficient proof of authentication for notarized documents exchanged between countries that abide by the Hague Convention; otherwise a chain of authenticating certificates may be necessary.
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