What is a Notary Public?
A Notary Public is a state-appointed official who serves as an impartial witness to the signing of important documents. Their primary role is to ensure that the individuals signing documents are who they claim to be, that they understand the contents of the document, and that they are signing voluntarily and without coercion. Notaries are authorized to administer oaths, affirmations, and perform other duties as specified by law. Notaries provide a vital service by preventing fraud and ensuring that legal documents are executed in accordance with the law.
What is an Acknowledgement?
A Notary Acknowledgment is a formal declaration made by a Notary Public that the individual signing a document has done so willingly and with the understanding of its contents. It serves as proof that the signer personally appeared before the Notary, was identified, and voluntarily signed the document.
The purpose of a Notary Acknowledgment is to:
Verify Identity: The Notary confirms the identity of the signer through a valid form of identification (such as a driver's license or passport).
Ensure Voluntary Signature: The Notary ensures that the signer understands the document and is signing it voluntarily, without any coercion or duress.
Record the Act: The Notary affixes their official signature and seal, certifying that the acknowledgment took place and that all necessary requirements were met.
What is a Jurat?
A Notary Jurat is a type of notarial act where the Notary Public administers an oath or affirmation to the signer of a document. The purpose of a Jurat is to confirm that the signer swears (or affirms) that the contents of the document are true and accurate, to the best of their knowledge, and that they are signing the document voluntarily.
A Jurat involves the signer taking an oath or affirmation under penalty of perjury regarding the truthfulness of the contents of the document. The Notary certifies that the signer has taken the oath or affirmation and that the signature was made in their presence. This is usually indicated by the Notary's signature, seal, and the "Jurat" language on the document.
What is a Power of Attorney?
A Notary Power of Attorney is a legal document that authorizes one person (the "principal") to grant another person (the "agent" or "attorney-in-fact") the authority to act on their behalf in certain matters, such as financial, medical, or legal decisions. While a Notary Public does not create the Power of Attorney itself, they play an important role in notarizing the document to ensure that it is properly executed and legally binding.
Do I have to know in advance what type of notarization I need?
Yes, in California as the signer, you must tell the Notary Public what type of notarization you need. Notary Publics can describe what the primary notarial acts are, but they cannot recommend one over another. It's illegal for a Notary Public to give advice like this unless they are also a licensed attorney.