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You may ask why one engages a Notary Public. Before we get to that, you should understand that some notaries work in an office location. Others, will travel to meet you. Both provide the same role. The responsibility of a notary is to assure that the signature on a document is true. Given this, it’s necessary that the notary is present when a document is signed. This is important because it helps avoid the potential for legal peril. Thus, this is a benefit to both parties to the instrument. To learn more about notary requirements, in New York, visit the Department of State.

A notary does not, in any way, verify the contents of a document. But, he or she is responsible for validating the autograph of the constituent (the client).

Bear in mind that the term “document” can indicate different things. Quite often, contracts are notarized. And, there are all kinds of contracts: Employment contracts, real estate contracts, etc. However, there are other documents that may need to be notarized. This includes passports, financial instruments, and even certain healthcare items. A big issue for the Notary is to Identify Mental Competence before continuing the notarial process.

Back to our Subject

So, let’s return to our topic. There are distinct advantages for you to engage the services of a notary public. I just alluded to one. It reduces the possibility for fraud. The reason for this is a notary is an impartial party to a document. Because of this, a notary cannot have any interest, or receive any benefit from the document. Otherwise, that notary could be committing malpractice. Every state in the union licenses Notaries Public. And, every state has somewhat different laws that oversee the notarial process.

I  hope you are starting to see why one engages a notary public. Engaging a notary is simple. Most branches of banks have a notary public in the building. If you are a bank customer, it would be rare that they charge you a fee. And, any law office can deliver notary service. Even a FedEx or UPS store can provide notarial service.

So, what if you can not travel to your local bank? Well, you could contact a mobile notary public. You can find a mobile notary near you by doing a quick internet search. Be aware that a mobile notary may charge more. That’s because they are allowed to charge to recover their travel expenses.

We have several blog articles that address various notarial acts. We also offer New York State notary exam training. The purpose is to assist people who desire to become a Notary Public in New your State. Our mission is to prepare you to pass the New York State notary exam. If you have any questions about our course drop us an email.

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Loose Notary Certificates, what are they?  They are a notarial seal attached to a document. The majority of documents contain notarial text. That’s to say, the instrument provides a space designated for the notary to provide service. Sometimes a document may have a blank space. We have an article on this: Documents that Have Blank Spaces.

On a rare occasion, notarial wording may be absent. In this situation, the notary public has two courses of action.

• Should there be space on the document, the notary can manually insert handwritten notarial text. This is preferred over the attachment of a loose certificate.
• Let’s say that there is no room to handwrite anything. This is when the notary would attach a loose certificate.

It is most advisable that you should avoid using a loose certificate if it is at all possible. That’s because there is nothing to stop a person from separating it and attempt to use it somewhere else. Should this happen, you could be put in a position of liability at some point. Having said this, a time could arise where you cannot avoid using a loose certificate.

Important Points

It’s really important to mention something here. In situation number one above, where there is no notarial text, the notary does not know the nature of the service to provide. Therefore, it is incumbent on the client to tell the notary what type of notarization that is required. It is most likely an Authentication or a Jurat. But here’s the key point, you cannot guide them. It is illegal. The best you can offer them is to contact another party to seek advice.

If you have no choice other than to attach a Loose Notary Certificate, it should be fastened to the rear side of the instrument. It is critical that you do this, not the customer. A suggestion here is to make a note on the face of the document that indicates the fact that it includes a loose certificate. For example: “See Attached Certificate.”

Here’s another tip. You can place the loose certificate and the document alongside each other. Use your stamp so that the impression is extends across both pieces of paper. But check your State’s notary law. This practice is not legal in every State. Some notaries frown on this practice. Although it assists in preventing abuse, it remains controversial.

Recap

Let’s do a quick recap. When no notarial text exists, the signer must tell you the type of notarization you should perform. Then, you should always staple the loose certificate to the instrument. Remember, to mark a notation on the instrument that references the loose certificate. This way, you will be prepared should the event arise. Loose Notary Certificates can be obtained through the American Association of Notaries

We wrote several articles for both the licensed notary and those wanting to become a notary public in New York State. If you need to prepare for the New York notary exam, we can assist you. Our notary training course helps place you in an outstanding position to pass the exam. Visit our homepage or visit our FAQ page to learn more about how to become a New York Notary.

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Most Commonly Notarized Documents

There are many types of documents that require notarization. In addition, there are specific types of notarial acts, These acts depend on the dictates of the document itself. Our purpose here isn’t to list all the types of notarization, nor all the types of documents that require notarization. But, we want to give you some insight. Let’s start with the three most commonly notarized documents, or types of notarial acts. Then, let’s look at ways to apply them. If you require in-depth information about becoming a notary in New York, visit State’s webpage for specific Information.

Types of Notarial Acts

Acknowledgements: Basically, an acknowledgement ensures the person signing a document is who they say they are. It acknowledges that they sign of their own free will. The signer should appear in person before the notary to be positively identified. You will frequently encounter the need for acknowledgements in Deeds, mortgages and all types of trusts.

Oaths and Affirmations: At times you have to administer a verbal Oath for the purpose of compelling truthfulness. An oath is a pledge before God (or a Supreme Being). If someone doesn’t believe in a supreme being, the notary can give an Affirmation. In this instance the person swears upon their individual honor.

A Jurat: A signer to a document swears or affirms that the contents of a document are true. That’s the key. They swear to the truthfulness of the document contents. This differs from a verbal swearing as in an oath. Jurats are performed for affidavits and depositions.

For an in-depth understanding of these and other notarial acts you can enroll in our New York notary exam preparation course. You can also read our blog article on Why One Engages a Notary Public.

Situations to perform an Acknowledgements.

• Living Trust: Today, more than ever, living trusts appear with greater abundance. During a person’s lifetime they create a Living Trust. This means that they designate a trustee to take responsibility for managing their assets. This is for the benefit of an heir or beneficiary – usually a child or other family member.
• Bill of Sale: When ownership of an asset transfers to another party for money, a legal document records the transaction.
• Contracts: A contract might outline an exchange of goods or services. All contracts are not necessarily notarized. The more at stake for both parties, the more likely that the contract would require notarization.
• Articles of Incorporation: When you start a company you create Articles of Incorporation. These documents should be notarized. Otherwise, if you need to submit them to a legal governing body, they won’t be accepted.
• A Deed: When real property transfers, the person or persons that transfer the property must sign the deed. These documents are always notarized. You can learn more about acknowledgements by visiting New York State.Gov.  Or, if you wish to become a notary public in New York, you can register to take our New York Notary Exam training course.

Situations to perform an Oath may.

Federal employees, political appointees, judges, and most federal positions require an oath of office. Even postal works take an oath. Jobs that expose you to highly confidential information usually require an oath. If you  are requested to perform an oath, you are required to do so by law.

Situations to perform a Jurat.

As we mentioned, the signer swears to the contents of the document. For example, you need to provide an affidavit for probate court. You have to verify your identity. You have to verify a death. In such cases you could have to swear to the document’s contents.

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