Notarizations
Notarizing documents is an important step in verifying identities and authorizing contracts, deeds, and other legal paperwork. But what exactly does it mean when a notary public notarizes your document? This article will explain the four main types of notarial acts, as well as other services notaries provide.
The key takeaway is that notarizing refers primarily to four main actions:
- Signature Witnessing
- Acknowledgement
- Jurat
- Copy Certifications
Understanding what each of these entails will help you know what to expect when getting your documents notarized. Let’s explore the four main notarial acts first.
Signature Witnessing
Signature witnessing is when an individual appears before a notary, proves their identity with valid ID, and signs a document in the notary’s presence. The notary witnesses the signature and can attest that they verified the signer’s identity and watched them willingly sign the document.
Some examples of documents that are routinely signature witnessed include power of attorney, health care proxies, wills and trusts. By observing the signing, the notary verifies the authenticity of the signature and can provide assurance to third parties that the document was signed freely and by the person claiming to be the signer.
Acknowledgment
Acknowledgment is similar to signature witnessing, but occurs after a document is already signed. The individual appears before the notary, presents valid ID, and acknowledges that the signature on the document is authentic and was made voluntarily for its stated purpose.
Common documents that are acknowledged include power of attorney, health care proxies, wills and trusts. The notary does not witness the actual signing under this method, but verifies the signer’s identity and intent after the fact. This assures third parties that the document is validly executed.
Jurat
A jurat is an oath sworn before a notary regarding the truth of the contents of a document. The signer appears before the notary, provides ID, signs the document, and swears under penalty of perjury that the information in the document is factual.
Affidavits, depositions, and sworn statements are examples of documents requiring a jurat. The notary certifies that the signer appeared, presented ID, signed the document, and took an oath attesting to the truth of its contents. This verifies not only the signature, but also the accuracy of the document.
Copy Certifications
Sometimes original documents cannot be presented to an entity or transferred to another party. In these cases, a notary can make a certified copy that contains the notary’s assurance that it matches the original exactly.
To certify a copy, the notary is presented with the original document and makes or oversees the making of a copy via photocopy or electronic means. The notary then compares the original to the copy to verify it is complete and accurate. Finally, the notary attaches a certificate verifying it is an exact copy.
Other Notarial Acts
In addition to the four main types related to documents, notaries are also authorized to perform oaths and affirmations. These do not involve paperwork, but provide verification of verbal statements and oaths.
Oaths
An oath is a sworn statement in which the individual invokes a deity or higher power as witness to their vow of truthfulness. To perform an oath, the notary verifies the identity of the individual through ID and then administers a verbal oath where the person swears an oath before the notary.
Affirmations
An affirmation is legally equivalent to an oath but does not require invoking a deity. The notary verifies the individual’s identity, then witnesses them making a solemn vow of truthfulness under penalty of perjury. Affirmations allow anyone to make sworn statements regardless of religious beliefs.
Notarial Acts Vary State to State
While this covers the main services notaries provide, laws differ somewhat between states. Some states allow remote or online notarization, while others require in-person appearances. Rules for acceptable IDs also vary. Be sure to check your local regulations to ensure compliance.
If you need documents notarized in the Boston area, the experienced notaries at Boston Mobile Notary and Apostille (BMNA) are ready to assist. They offer convenient mobile notary services throughout Boston and surrounding communities. Contact them today to learn more or schedule an appointment to get your documents notarized promptly and professionally.
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