Notary 101: What Is It, and What Does It Do?

A notary is defined by the National Notary Association as “an official of integrity appointed by state government — typically by the secretary of state.” They’re held in high regard and known for their commendable integrity, serving the public by impartially witnessing people signing paperwork as a fraud deterrent. Ordinarily, they notarize important documents, such as official and legal paperwork, wedding certificates, birth certificates, and divorce settlements, among other things.

Notaries are ordinarily commissioned by the public, meaning they have a strict set of rules they must adhere to.

Is there more than a single type of notary?

Notaries have existed for hundreds of years. There are many types of notaries across the United States. However, the two main types of notaries are civil law notaries and common law notaries. The former type of notary is a lawyer who has passed the bar and is able to provide you with legal advice, whereas the latter is not a lawyer and is completely forbidden from giving legal advice, whether their own or of anybody else’s.

How about a notary public?

A notary, whether met in person or on the internet, still bears the same flag and maintains the same duty. Their entire purpose is to circumvent attempts at fraud by observing important documents being signed and verifying that they indeed were not forged.

Notaries, however, have a whole litany of other purposes. Some are to provide the notice of witnessing foreign drafts, acknowledge conveyances such as deeds and others, issue affidavits, and sign statutory declarations. Learn more on deed of trust definition here.

If an important document is signed, you often must have a notary witness its signing; however, in the past, a notary would always have to witness it personally. In our current digital age, you can now have documents notarized online. Online notarization has become a big thing and quelled the need for many in-person notaries unless, of course, it’s a very important document!

Can I become a notary?

Of course, as with many legal positions, every state issues different requirements for its potential notaries. Though the requirements are different, they still largely follow the same steps. According to the Florida notary service, there are a few fundamental steps one should engage with, should you decide you wish to become a notary in your state. You must first, of course, meet the qualifications necessary for your particular state, whether it be university, college, or night school. The basic qualifications include:

• Be 18 years of age or older.
• A legal resident of the state.
• Never been convicted of a felony.

You should also complete your application, submit it, and pay the fee to become a notary public. Of course, as with many legal professions, you will have to meet the state exam if that’s required in your state. You will then be sworn in by a member of your local council as a sworn notary public.

Unbelievable as it is, it really is that simple. Should you decide to pursue becoming a notary public, everything you need is contained in the paragraphs above.

John Pearson is a serial entrepreneur and writer who is passionate about helping small businesses launch and grow. His work has been featured in The Huffington Post, Entrepreneur, and Forbes.

Disclaimer: The content on this page is for information purposes only and does not constitute legal, tax, or accounting advice. If you have specific questions about any of these topics, seek the counsel of a licensed professional.