Although notaries perform both a notarization and an attestation, they are not really the same thing. In New York, only a notary public, commissioned by the state, can perform a notarization. We may be splitting hairs here, but any individual can execute an attestation.
Notarization:
When a notary performs a notarization, he or she is verifying that the signer of a given document is the person they claim to be. The idea assures the minimization of potential fraud. For this reason, it appears unlikely that notary services will ever be replaced by AI. You may wish to read our article about AI replacing notaries.
So, the party must sign the document in the presence of the notary. This person must present ID to the notary, who will compare the signature from the I.D. with that on the produced identification. In addition, the notary must make certain that the signer is not forced to sign a given document. Or better stated, the signer is not under duress. The purpose of this protects anyone considered mentally challenged, like an elderly person, or someone mentally incapacitated, or otherwise in a vulnerable position.
In New York, a notary must record the notarial act in a journal after placing his or her seal on the document.
Attestation:
The term “Attestation” applies when a third party, not involved in a transaction, witnesses the signing of a document. This person is essentially attesting, or bearing witness to the signing process. As such, anyone can complete this task of witnessing. The person who gives an attestation does not have to be a notary public.
Some documents that may need a witness include: Wills, Power of Attorney, Certain Affidavits, etc.
For example, when a foreign spouse of an American citizen applies for permanent residence in the United States—a “green card”—that person must provide statements from witnesses who have seen them both together during the time they spent in the U.S. Applicants for a Green Card frequently turn to people they know to write a statement to verify their observations of the two interacting as a couple. Such people may include religious persons, friends, or people in their neighborhood. So, the signature of one of these sources on any given document is an attestation.
On the other hand, there are documents which require the signature of a legal public notary. Usually, high-dollar transactions, that include transactions of real estate, vehicle titles, etc., require a notary’s signature, called a “notarization.”
Conclusion:
You can now see that an Attestation and Notarization are not different animals. It becomes essential to understand this point whenever you need an important document signed. If you wish to pass the New York Notary Exam, knowledge of these topics becomes necessary. If you are intent on taking the N.Y. Notary exam, we recommend that you read our article titled, New York Notary Exam Tips.
If you only need a witness to sign a document, that’s a simple attestation. Anyone can do it. But if you need to ensure that neither party is defrauding the other, you should get in touch with a notary commissioned by New York State. At Notary New York, we train people to pass the New York Notary Exam. If you would like to know what it costs to become a notary in New York, watch our YouTube video.
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