What is a Notary? And What Does A Notary Do?
What is a Notary?
Notary is short for Notary Public. A Notary Public is an official usually appointed by the Secretary of State to serve as an impartial witness to public citizens in a variety of fraud-deterring acts as related to the signing of important documents; those acts are called notarizations or notarial acts. A Notary Public is to follow the laws set within the state of their appointment and commission. Each state and/or district has its own set of rules and laws. What is legal in one state and/or district may be illegal in another state and/or district. Knowingly or unknowingly participating in unlawful acts can jeopardize a Notary’s commission and lead to greater legal disasters and possible jail-time.
What Does A Notary Do?
Foremost, the duty of a Notary is to correctly identify the parties related to the document(s). A Notary is also responsible for identifying all parties’ capacity to act on such documents; in addition to properly screening all individuals to be sure that they are signing the documents at their own free will; free of duress or intimidation. Finally, before a Notary begins a notarial act or notarization, a Notary should confirm with all individuals involved in the execution of the document(s) whether they have knowledge of the contents of the documents. The previously mentioned steps are necessary as many documents requiring notarizations can be life-altering.
Once all parties pertaining to the documents have been identified and competencies have been assessed, it imperative that the Notary identify the actions they must take to complete a successful notarization or notarial act; this can mean taking acknowledgements and/or putting signers under oaths and filling out the appropriate notarial blocks on the documents. In situations that cause for putting signers/members of the public under oath, the Notary must ask the signer(s) to swear or affirm under penalty of perjury that the information claimed in a document is true and correct. Under the law, A Notary is to remain unbiased and impartial. No legal advice or any other advice pertaining to those matters should be given. As well, Notary Publics are to refrain from acting in situations where they have a personal interest; this further protects the public’s trust.
As mentioned earlier, each state and/or district has its own set of rules and law. Sometimes what is allowed in one state may not be allowed in another. Notary Glow is run by a Commissioned New York Notary Public. Let’s compare three different states; we will compare New York, Connecticut, and Virginia. In the State of New York, a Notary Public can administer oaths & affirmations, take affidavits and depositions, receive and certify acknowledgements or proof of such written instruments as deeds, mortgages & power of attorneys; and demand acceptance or payment of foreign and inland bills of exchange, promissory notes & obligations in writing, and protesting the same for non-payment Notary Public - New York . Remote Online Notarization has also been authorized in the State of New York as of February 5, 2022; with new laws to be implemented on January 31, 2023. In the State of Connecticut, a Notary Public has the power to administer oaths, take acknowledgements, take depositions in civil actions and probate proceedings; issue, upon request, subpoenas for the appearance of witnesses to give depositions in civil matters or probate proceedings, and issue subpoenas for the appearance before out-of-state commissioners Notary Public - Connecticut . Notary Publics are NOT authorized to conduct Remote Online Notarizations in the state of Connecticut; however, the State of Connecticut does acknowledge and accept remote online notarizations from other states. Notary Glow can complete a notarial act that can be used in Connecticut remotely or in-person. A Notary in the State of Virginia, has the power to take acknowledgements, administer oaths and affirmations, certify affidavits & depositions, certify “true copies” of documents, and perform verification of fact Notary Public - Virginia. The State of Virginia is the pioneer of modern Remote Online Notarization; they were the first state to legalize the system. As you can see, three different states, three different laws. Two of the three states, New York and Virginia, have given their notaries permission to conduct Remote Online Notarizations; whereas Connecticut has prohibited their Notaries to commit such actions. The State of Virginia is the only state of the three examples to allow Notaries to certify “true copies" of documents. However all three states allow their Notary Publics to take acknowledgements, administer oaths, and take depositions and affidavits.
Notary Glow and Notarization For You
As pervious stated Notary Glow is a run by a Commissioned New York Notary Public; that’s me, Stephen Renaud. I have to abide by the laws put in place for New York Notaries no matter whose notarial act I complete. I can only complete the notarial acts the State of New York allows. Many, if not all, of the notarial acts permissible in New York can be acknowledged in another sate within the United States. Notary Glow offers three services to the public; Mobile Notary Service (I travel to the client), Remote Online Notary Service (Notary Online) and Apostille Services/Documents Authentication (Notary for International Use). I have administered oaths & affirmations, taken affidavits & depositions and taken & certified acknowledgements for JG Wentworth Annuity Settlements, PeachTree Annuity Settlements, Real Estate Refinance Packages, Real Estate Purchase Packages, Commercial Loan Packages, Home Equity Loans (HELOC), Insurance Settlement and Beneficiary Packages, ExoStar Cybersecurity Identity Proofing and 401K Redistribution Packages for people visiting and living in New York. Notary Glow is all about professionalism and confidentiality. We strongly advise all potential clients to comply with the requirements of the personnel or entity responsible for receiving their documents before moving forward with any notarial act. Thanks from Notary glow!
