Notarization is a Serious Process

It’s a popular misconception that Notarization is a trivial process. This paper will ignore the issue of improperly processed (by the notary) notarizations, and address the issue of what it really means to have your signature notarized. I http://kenneth-a-edelstein.com will work with the assumption that the notarization is done legally and properly. Speaking only for New York State, the notary is a Commissioned and sworn officer of the New York State Department of State. That means the notary has taken a legal oath to uphold, and follow, the laws of New York in discharging their duties. It is the responsibility of the notary to be aware of, and follow changing regulations and procedures.

As an “officer of the State”, the notary administers an oath to persons whose signatures they will notarize. There are several formats, but the concept is the same – you are “under oath” to tell the truth. But what if you are not telling the truth? When I ask “Do you acknowledge that this is your signature, that you understood and willfully signed this document, and that the statements are true and accurate to the best of your knowledge and belief”, it’s an official question. A positive reply allows me to add my credentials and signature to the document. Then the document is considered to have a notarized signature.

A false statement under oath to a notary public is exactly the same as a false statement in a courtroom after being sworn by the Bailiff of the Court. It is the crime of Perjury, lying under oath. As a http://newyorkmobilenotarypublic.com I pass no judgment on the content of the document – you are the one testifying as to your belief and understanding of the document’s truthfulness. My responsibility is to verify your identity, to a reasonable extent. A well forged driver’s license will fool many Police Officers in addition to fooling a notary public.

Thus, the notarized document is a sworn statement by the affiant who signed the document. Such documents are generally permitted to be presented in a court of law – without the need for the affiant to be present to identify and testify as to having signed the document. It is the impartial notary’s signature and seal that lends validity to the signature (not the content of the document). Consider carefully your response to the notary’s question when giving you the oath. You are “going on record” by your signature, it would be difficult later to say “I did not sign that”.

Protect Yourself from Shoddy Notarizations

I see it ever day. Shoddy “half” notarizations being done by notaries who either don’t know proper procedures or just wish to save themselves a moment of time. However, the damage such improper work can cause is hard to assess. I doubt if it’s a case of “don’t know” as all notaries in New York State are required to pass an exam to obtain their commission. You can find a copy of the notary law on my web site New York Mobile Notary Public probably worth reading if you have many documents notarized; or if your documents are important.

The most common partial notarization merely consists of the notary using their rubber stamp and signing the paper. That is NOT a notarization. To the untrained eye it looks like a notarization – but it certainly does not follow the requirements for a proper notarization. A properly notarized document has statements and signatures from BOTH you – and the notary. You need to make a statement, not just sign your name. The notary must also make a statement, in addition to signing the form.

It is also REQUIRED that the “venue” – the State and County where the notarization took place; be clearly stated on the document – usually at the top of the page (or above the notary stamp). This is one of the most frequently overlooked aspects of notarization. In addition to using the rubber stamp, the notary should emboss (use the raised seal) for any documents that might be going out of New York State. It’s a good practice for the notary to emboss every time.

The notary statement should include the date and the name of the affiant (the persons whose signature is being notarized) and the “type” of notarization service performed. Common types include the “acknowledgement” and the “sworn to and subscribed” formats. As a New York State notary, Kenneth A Edelstein is often asked to process documents that have already been notarized to obtain apostilles and certifications. That is usually when the flawed notarization is rejected – when it is examined by trained municipal employees. Sometimes the document can be easily redone – other times the holder of the document has a big problem.