The Key Responsibilities Of a Notary Public

Monetary transactions like car loans, mortgages, wills, and powers of attorney require notarized documents. Notarization of documents has to be done by a certified notary public for them to deem authentic. The paperwork involved in transactions like these hold great significance, and therefore, needs to be verified before it can be processed.

A notary public has to undertake several legal responsibilities. To help you understand the key responsibilities of a notary public, we’ve listed down some of the tasks that are taken care of by a notary public.

1.     Take Acknowledgement

Certain documents require the signer to declare their acknowledgment of a document’s execution. This acknowledgment implies that the signer understands the intent and the contents of the paperwork they’re signing, informs the witnesses present that the signature on the documents is their own, and accepts that they’re signing the documents without coercion, under their free will.

The documents for which an acknowledgment is needed include powers of attorney, deeds, and agreements that involve estate plans and real estate. Here, a notary public is the one that obtains the acknowledgment from the signer. They make a statement in which they clearly ask the signatory if they acknowledge their understanding of what the document says and that they’ve signed it out of their free will, without coercion from any party.

2.     Take Oath and Affirmation

Some documents are more serious and require the signer to take oaths and swear to a public that the contents contained in the document are accurate. The signer is asked to pledge and verify the authentication of all the facts and statements provided in the written affidavit. Any documents that are filed with a court require a litigant to swear that all the statements they’ve made are true and factually correct. A notary public holds the responsibility to take the affirmation from the signatory in a clear-cut question so as to avoid any misunderstanding or misinterpretation.

3.     Ensure Lawful Proceedings

A notary public doesn’t always receive lawful documents for notarization. Certain loopholes make the documentation, and the people involved questionable. It is the responsibility of a notary public to ensure that all the proceedings that take place comply with the law. They’ve to ensure that the signer is physically present in front of the notary public to assure no forgery was done. Secondly, the notary public has to evaluate the body language of the signer to make sure they aren’t doing anything under pressure. Furthermore, the responsibility to ensure that the signer understands the contents of the documents they’re signing also falls on the notary public. 

Summary

A notary public has to ensure there are no loopholes in any transactions and legal proceedings. They’ve to verify that all documents are factually correct and legally compliant. This is the reason why all critical documents like deeds, powers of attorney, contracts, and loan papers need to be notarized before an institution can accept them. Considering how sensitive the job is, always hire an experienced and well-reputed notary public to get your documents notarized.