What is a Notary Public and What Do They Do?

In today's world of important documents and legalities, you've likely encountered the term "notary public" or been asked to have a document notarized. But what exactly does a notary public do, and why are they so crucial? Understanding their role can demystify the process and ensure your important paperwork is handled correctly.

What a Notary Public in the United States Can Do

At its core, a notary public in the United States is a state-commissioned public official. Their primary role is vital: to deter fraud. They achieve this by acting as an impartial witness to the signing of important documents, verifying the identity of the individuals involved. This crucial step helps ensure the authenticity of signatures ⁵and confirms the signer's willingness ⁶ to sign the document. Think of them as a trusted, neutral third party who adds an extra layer of security and legitimacy to your agreements and declarations.

So, what are the specific tasks a notary public can perform? A notary public is authorized to verify the identity of signers, witness signatures, administer oaths and affirmations, and certify copies of certain documents, provided it's permitted by law. They also complete notarial certificates, which are the official stamps and seals that accompany the notarized document. These actions are fundamental to protecting individuals and businesses from fraud and ensuring the integrity of official records.

What a Notary Public in the United States Can't Do

However, it's equally important to understand what a notary public

cannot do, as their role is specifically defined by law to maintain impartiality and prevent the unauthorized practice of law. A notary public is strictly prohibited from performing acts of law if they are not also a licensed attorney. This means they cannot prepare, draft, select, or determine the kind of notarial act or legal document you might need. Furthermore, they are unable to give advice on legal documents or legal matters, nor can they provide any kind of legal advice whatsoever.

This distinction is critical for anyone seeking notarization. If you are unsure of the specific notarial act required for your document, such as an Acknowledgement or a Jurat, or if you have any questions regarding the content or legal implications of your document, a notary cannot provide this guidance. In such cases, it is strongly recommended that you contact the organization from which you received the document, a relevant state agency, or consult with a qualified attorney. Their expertise will ensure that your document serves its intended legal purpose correctly.

A Notary Public is a Trusted Public Official

In essence, a notary public serves as a guardian of trust and authenticity in the world of official documentation. By understanding their precise role – what they can and cannot do – you can approach your notary appointments with clarity and confidence, ensuring your important documents are handled with the professionalism and accuracy they deserve.