QUESTIONS & ANSWERS

– FIND ANSWERS TO FREQUENTLY ASKED QUESTIONS –

AAccording to the National Notary Association, a notary public is a public servant appointed by state government to witness the signing of important documents and administer oaths.

AA notary public notarizes any document in which an originator needs to ensure the integrity of the signer. A notary public verifies the identity of the signer, and that they are signing knowingly and willingly. This process helps deter the fraudulent execution of documents.

AA notary will ask a signer for a document such as a driver’s license or government-issued identification card that includes a photograph, signature and some information describing the person. You can find a full list of required identification verification documents here.

ATo give an oath, the person must sign in the presence of the notary. For other documents, the person must sign the document or acknowledge their signature in person. This also applies to performing e-notarization (electronic notarial) acts.

ANo, a notary public can only witness the signing of the documents, not assist or prepare any documents. To assist or prepare documents would be an unlawful practice of law. This keeps the notary’s position as an impartial witness to the signing.

AA notary public may refuse to perform a notarization if he or she cannot be certain of a prospective signer’s identity, willingness, or understanding of what is happening at that moment. In addition, a notary may not notarize a document in which he or she has a financial interest.

AState laws may vary, but in general, no. For vital records documents such as birth certificates and marriage certificates, the requestor should visit the local agency that holds these documents, such as a local county clerk. There are some limited instances when a notary may certify a copy, but it is best to check with the notary of your state.

AA notary may notarized papers those that require notarization such as the Affidavit of Support, but they may not prepare or file another person’s immigration papers unless he or she is an attorney or a US DOJ accredited representative.