The Essential Role of a Notary: Ensuring Trust and Authenticity in Legal Transactions
A notary is a publicly commissioned official who serves as an impartial witness to the signing of essential legal documents such as real estate deeds, affidavits, wills, trusts, powers of attorney, bills of sale, or other significant transactional paperwork. The primary purpose of a notary is to deter fraud and ensure that all transactions are genuine.
Key Takeaways
- A notary is an impartial witness to the signing or authentication of a legal document.
- Notaries are commonly required for real estate deeds, affidavits, wills, trusts, and powers of attorney.
- Notaries must be at least 18 years old and reside in the state where they are licensed. Requirements to become a notary differ from state to state.
- Various organizations provide excellent resources for education and information about notaries.
Understanding the Role of a Notary
A notary—or notary public—helps create trusted documentation and confirms that a transaction has been properly executed and recorded. For a document to be notarized, it must contain a clearly stated commitment and original signatures from the involved parties.
Before signing, a notary will ask for photo identification to verify the identity of signatories. If there’s any doubt about the identity of the parties or signs of potential fraud, the notary has the right to refuse notarization. Once verified, the document is issued a notarial certificate and receives the official seal of the notary.
Notary History
Notaries have existed since ancient times, with their roles dating back to 2750 B.C.E. in Egypt and Sumeria, where they were known as scribes. These early notaries documented significant historical events. The Roman Empire also utilized notarii and scribae for similar purposes, with the first recognized notary being Tiro, a Roman servant who invented shorthand for recording speeches.
Historically, notaries were also essential in global exploration, such as accompanying Christopher Columbus to validate his discoveries. Throughout history, many notable figures, including Mark Twain and Salvador Dalí, either were notaries or the offspring of notaries. Women were not permitted to be notaries until the 1900s, but now, they outnumber their male counterparts.
How to Become a Notary
The process to become a notary varies by state. However, generally, you must be at least 18 years old and reside in the state where you seek licensure. The overall costs include training, supplies, a bond, and the oath of office.
Steps to become a notary usually include:
- Meeting all state-specific requirements
- Registering for and attending an approved notary course
- Passing an exam
- Completing and notarizing an application along with required documentation
- Taking an oath of office, paying a fee, and obtaining a notary seal
Certain states prohibit individuals with felony or misdemeanor convictions from becoming notaries.
Where Can I Notarize a Document?
You can find notaries in various locations, including:
- Post offices
- Banks and credit unions
- Real estate firms
- Tax and accounting offices
- Libraries
- Colleges
- Shipping stores
Additionally, some states have begun implementing Remote Online Notarization (RON) following the Covid-19 pandemic, providing access to notary services online. To find out if RON is available in your state, check with your Secretary of State’s office.
What Does a Notary Do?
A notary is a public official appointed by state government to witness signatures and verify that transactions and events documented actually took place.
What Does It Take to Become a Notary?
To become a notary, you must fulfill your state’s requirements, undergo training, and pass an exam. After completing these steps, you will be sworn into office as a notary.
How Much Does It Cost to Be a Notary?
The costs associated with becoming a notary vary by state and include fees for certification, recertification (if required by the state), and purchasing a notarial seal.
The Bottom Line
For thousands of years, notaries have played an essential role in society and governance—marrying the ancient with the modern by ensuring the validity and trustworthiness of documents. Whether in a local business or through the capabilities of remote online notarization, the groundwork laid by notaries continues to be an indispensable service available to every community.
Related Terms: Notarize, Fraud Detection, Affidavit, Seal, Public Official, Trust.
References
- Commonwealth of Massachusetts. “Apply to Become a Notary Public”.
- National Notary Association. “Notary History”.
- Princeton University. “Scribal Identity in Burials of Early China and Ancient Egypt”.
- National Notary Association. “Notary History”.
