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The primary purpose of the Notary Public is
to prevent fraud by forgery. Notaries are most often used whenever real
property is purchased or transferred to another party. Part of either
transaction will include the notarization of certain documents by a notary
public.
What is a notary public?
A notary
public is a reputable witness, commissioned by California's Secretary of State,
who may legally certify by written acknowledgment on a document that he or she
knows you to be the person who has executed the document. Note: Any person
requesting notarization of a will should be referred to an attorney.
Why is a notary public necessary?
The
law required notary certifications under many situations. Most documents in
real property transactions, such as a grant deed or trust deed, must be
notarized before they can be recorded by the county recorder. When you have an
important document notarized it affords you the fullest protection against
possible forgery.
Who is entitled to be a notary
public?
In California, a notary public must be a citizen of the United
States, a legal resident of the state in which he or she is commissioned, not
less than 18 years of age, and must satisfy the Secretary of State that he or
she is of good moral character. A notary public must also satisfactorily pass a
qualification examination and provide a performance bond under which any
official misconduct or neglect of the notary public makes the notary, together
with the surety of the bond, liable to the persons injured thereby for damages
sustained.
How and where does a notary public perform
the notarial service?
Notarization takes place only in the state where
the notary public has been commissioned. The notary certifies the identity of
the person appearing and signing the document on the date and in the county
specified on the notary certification. The notary's certification testifies
that the signatures on the document are genuine. The notary public maintains a
complete record book to preserve evidence of the acknowledgment. For
identification purposes, the notary public requires that the signatures of the
parties executing the document also be signed in the record book. Your notary
public provides an important professional service and is entitled to charge a
fee for such services. The Secretary of State establishes the maximum fee a
notary public may charge.
Notary Guidelines:
- Should not notarize any instrument or document if the
party signing the document is not present or doesn't sign the document in his
or her presence.
- Should not draw legal agreements or attempt to give any
legal advice (unless the notary is also an attorney).
- Should not notarize any signature unless the party is
personally known by the notary or satisfactory identification is provided to
the notary.
- Should not authorize anyone else to notarize for him or
her.
- Should not notarize out of state in which the commission
has been granted.
- Should require proper identification such as a drivers
license, passport or California/military I.D., and fingerprint.
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