What is Public Notary?

A notary public is a public official commissioned by the Secretary of State to administer oaths and affirmations, witness signatures, and perform other duties as permitted by state law. Notaries are most commonly called upon to act as the official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose.

Although notaries are public officials, most work in private industry. Often, one or more employees of large institutions that process a lot of paperwork (such as banks, insurance companies, real estate brokers, and large law offices) are notaries public. Also, many people who work at courthouses are notaries.

To be a notary in California, you must:

• Be a resident of California for at least one year preceding your appointment.
  
• Continue to live in California for the duration of your appointment.
  
• Be at least 18 years old.
  
• Not be a convicted felon.
  
• Never have had a notary commission revoked or terminated in this or any other state.

The term of office of a notary public is four years. A notary has jurisdiction to perform his or her official duties in every county in California, not just the county in which he or she lives. In some cases, a California notary public may perform a notarial act in an adjoining state, if the state recognizes his or her authority.

A notary must constantly be aware that every notarial act he or she performs affects the legal rights of others. Carelessness or negligence on the part of the notary may injure another's rights and open the notary to a legal action.

Why are documents notarized?
Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

How does a Notary identify a signer?
Generally, the Notary will ask to see a current identification document or card with a photograph, physical description and signature. A driver’s license, military ID or passport will usually be acceptable.

Is notarization required by law?
For many documents, yes. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized.

With other documents, no. Private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

Does notarization make a document "true" or "legal"?
No. A notarization typically means the signer acknowledged to the Notary that he or she signed the document or vouched under oath or affirmation that the contents of the document were true.

May a Notary give legal advice or prepare legal documents?
Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.

May a Notary prepare or notarize immigration papers?
Only a few immigration forms must be notarized, such as the Affidavit of Support (1-134, I-864), but the U.S. Immigration and Naturalization Service (INS) regulations state that no one may prepare or file another person's immigration papers unless he or she is an attorney or a U.S. Department of Justice-approved "accredited representative." Notaries may provide clerical, secretarial or translating assistance with INS forms as long as they do not provide legal advice, and then may notarize these forms.

Is a Notary the same as a Latin Notario Publico?
No. In Latin countries, the Notario Publico is a high-ranking official with considerable legal skills and training. Unlike the U.S. Notary, the Notario Publico drafts documents, provides legal advice, settles disputes and archives documents.

Can a Notary refuse to serve people?
Only if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.