“What does a notary public do?” This question often arises. It depends on the state and even the county that you live in. While a notary only notarizes signatures, there are other functions they may perform as well. For example, a notary is automatically licensed to conduct marriage ceremonies in three states, and can apply for temporary authority to conduct marriages in others.
Simply defined, a Notary Public is a person who is appointed or commissioned to administer oaths and acknowledge that the signatures on documents belong to the people signing. When acknowledging a document, the notary public is stating that he or she has satisfactorily ascertained the identity of the signer with legal documentation, and that the documents were either signed in their presence or the signer has sworn that the signature was their own.
In California, the notary is confirmed in their role by the Secretary of State. In other states, such as Florida, Minnesota, and South Carolina, notaries are actually appointed by the governor, or in the case of New Jersey, a notary public is commissioned by the State Treasurer. The length of time that a notary commission or appointment is valid varies by state, but typically they range from 4 to 10 years.
Notaries are not allowed to give legal advice, make recommendations regarding contracts, or explain to a person how their signing of a document affects them. The notary public is simply there to ensure that the person named in the document is the one who is signing. Anything that goes beyond that could be grounds for the notary having their commission suspended or even revoked.
The “Tools of the Trade” that a notary uses to fulfill their duties are very simple. Every notary has an official seal that is used to “stamp” documents. The seal includes the name of the notary, state and county where they are authorized to notarize, and the date their commission expires. Additionally, each notary must keep an official journal where they record the type of documents they notarized, the location where the signing occurred, and to record signatures as proof of the signers’ identity. In many states a notary will also take a thumb print from the signer and place it next to their journal entry.
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