What is Notary?

Notarized definition- A Notary Public is an official witness to the signing of documents by the respective parties of one or more people with free will and verified identity. The notary public bears witness to each party’s signatory involved in the signing of the documents with a specific background check to confirm the legitimacy of papers and the signatories. Usually, all the signatories sign the document in the presence of the notary public. The signatories can even bring a signed document for the notary verification and signatory with the respective parties present.

The notary public legitimizes the standard documents are estate deeds, power of attorney, business agreements, and educational records. Notaries who are qualified and admitted to the bar are known as notaries at law or Lawyer notaries. Public notaries are not allowed to provide legal advice, practice law, or prepare traditional instruments,

Notaries are appointed by the government authority, such as a court, local government, the governor, or regulating body such as a society or faculty of Notaries Public. However, for notaries by the law, there is a lifelong appointment with a term renewal.

A document certified by the notaries is stamped and sealed and recorded in the notary register termed as a protocol. This process is called the notarial Act.

What does a notary do?

Along with the signing of the documents, the notary public performs the below duties:

Verification of the signatories

The notary public has to verify the identity of the signatories singing the document. They should be the exact people by request mentioned on the document. If the person sends a power of attorney under any circumstance, the notary must verify the POA agreement.

No Document is signed under pressure.

Since a notary can be carried out at a private office, the notary public must confirm that both parties are signing the document without any kind of pressure. The papers are signed freely and willingly by both parties.

Witness the signing of the documents

The signing of the documents takes place in front of the notary public. Hence it should be verified with the notary, counter-checking of the signs, and even confirm with the respective parties that they are aware of the document’s contents.

Administer an Oath if required

Suppose the document requires any or all the parties involved to take an oath. The Notary Public bears witness to the oath.

Verification of the Document

The Notary public has to understand the background of the documents that need to be signed. Only then The Notary Public can conduct a correct verification for the documents. Including the clauses, the elements of the document and communicate the understanding to the parties.

Undertaking the signatures

The signatures on the documents have designated locations for signature on the paper or papers. Each signature must be checked and verified by the notary. Every sign has to be undertaken under the notary public as a witness.

Placing the official seal of the notary

The notary has access to their seal, signature, and stamp. The Notary Public can complete the document verification with these instruments of initials.

Making the record of the notary details.

As per the law, the notary public has to record each notary act in the notary journal. This entry in the journal has to be countersigned by the notary.

What is a Notarized Letter?

A letter verified, certified, and sealed by the notary public is known as a notarized letter.

How to acquire a Notarized Letter?

A notarized letter has authorized a person to act on behalf of the authority. For example, a representative of a company or a power of attorney can acquire a notarized letter. The authorized person can act on behalf of the actual signatory,

Following are the contents of a notarized letter.

• Public and designation of the delegating authority
• The name and designation of the recipient
• The scope of the delegated authority
• The validity date of the letter
• Signature of the delegating authority
• Signature and seal of approval from the notary

Chances of Fraud in Notary

A notary public is liable to fraud if he or she fails to perform their notary duties. Suppose fraud in the notary can lead up to a fine of$10,000 and even possible criminal prosecution, revocation, or suspension of the notary license of the notary public.

Types of Notary Fraud:

1. Failing to acknowledge the signed documents
2. Falsifying the stamps and the seal
3. Not having a proper check of the documents and leaving scope for fraud.
4. Having to sign documents in the absence of the notary public

These factors can have grave consequences on the notary public practice and lead to revoking the license.

Precautions to be taken from notary fraud

There several rights to the notary public along with specific prohibitions as well. If a Notary Public is found guilty of carrying out duties beyond the legal allowance, this can be a fraud. Some of the common prohibition for the notary public is as follows:

Unless the notary public is registered with the bar, practicing law by providing legal advice and verifying, certifying documents is not under the notary public’s scope.

Fraudulent representation or lawyer imposter: some of the notary public advertise their services as notario or notario publico, which means lawyer in Spanish. It is a kind of advertisement that falsifies the notary public’s actual designation and represents oneself as a lawyer.

Overcharging for notary services

Notarizing the document even when the authorized signatory is not present.

Missing to verify the identity of the signatory by not checking the ID cards.

Certifying copies of documents that get held in the public records.

Summary

Most people won’t know they are a part of a con notary service until it’s too late. Hence, the legal signatories’ responsibility is to understand the importance of verifying the notary public and his license to conduct notary services. Understanding what is a notary and the fraud that can occur during the process is crucial for dealing with legal documents. To deal with a notary fraud, one can always seek a qualified lawyer’s assistance and receive just compensation for the notary public’s fraudulent behavior.