A notary public is a public official appointed by the
California Secretary of State to be an impartial
witness in the signing of important documents and
to administer oaths and affirmations. Notary Publics
must pass an examination given by the State and
pass a background check. Beginning in 2005,
notaries must also complete six hours of training
before receiving their commission and for renewing
notaries, must complete three hours of training.
To prevent fraud. A notary public will ensure that
the signer of a document is who they claim to be. It
is also important for the Notary to be sure that the
signer is aware of and understands what he/she is
signing and is free from any coercion.
No, a notary public must verify the identity of the
signer but is not responsible for the contents of the
document. The signers of the document are
responsible for the contents of the document and, in the case of a jurat, swear or affirm to the
truthfulness of the document.
A certified signing agent is a notary public with
experience in conducting real estate loan signing. A
certified signing agent has passed an examination
administered by an industry-recognized entity.
However, there are no federal, state, or local statutes
that designate what "certification" requires or means.
Not necessarily. A document requiring an
acknowledgment does not need to be signed in front
of the notary. The signer must confirm to the notary
that he/she did freely sign the document. A jurat, on
the other hand, DOES need to be signed before the
notary. A jurat will contain the wording "subscribed
(signed) and sworn to before me. . ." When in doubt,
wait and sign the document before the notary.
No, the document should be completed before
notarization. The signer can line through the blank
areas or enter N/A. This will prevent fraudulent
changes after the document has been acknowledged.
Yes, if the document has an original signature.
Copied or faxed signatures cannot be notarized. If
you have a document on glossy fax paper (not
bond), the document should be copied and then the photocopy can be notarized.
Wills should only be notarized if clear instructions
and notarial wording have been given by an
attorney.
