Notarization is commonly used when an important document requires verification of a signature or another formal notarial act. From real estate paperwork to powers of attorney, a notary public can help reduce the risk of fraud by following the identification and signing procedures required in their jurisdiction.
However, not every document can or needs to be notarized. The exact rules vary by state, so it is important to understand what a notary does and which documents are commonly presented for notarization.
Common Documents a Notary Public Can Notarize
Depending on state law and the type of notarial act requested, a notary may handle many personal, legal, and business documents. Common examples include:
- Powers of attorney – documents authorizing another person to act on someone’s behalf.
- Affidavits and sworn statements – written statements that may require an oath or affirmation.
- Real estate documents – certain deeds, mortgage documents, and other property-related paperwork.
- Contracts and agreements – some business or personal agreements may include notarized signatures.
- Consent forms – including certain parental or travel consent documents.
- Financial documents – selected banking, loan, or financial forms may require notarization.
- Business documents – corporate resolutions, agreements, and other company records can sometimes require a notarial act.
The presence of a notary does not automatically make an agreement legally valid. The notary’s role is generally limited to performing the requested notarial act in accordance with applicable law.
What Does a Notary Verify?
One of the most important responsibilities of a notary public is to verify the identity of the person involved in the notarization. Depending on the notarial act, the notary may also witness a signature or administer an oath or affirmation.
A notary is generally not responsible for determining whether the statements in a document are true. Instead, the notarization provides evidence that specific formalities were completed.
What Documents Cannot Be Notarized?
Restrictions differ by jurisdiction, but a notary may have to refuse a request if the required conditions cannot be satisfied. Problems can arise when a document is incomplete, the signer cannot be properly identified, or the notary has reason to believe the signer is being coerced or does not understand the transaction.
Notaries also cannot simply issue certified copies of every type of official record. Birth, marriage, death, and similar government records often must be obtained as certified copies from the government agency responsible for maintaining them.
Do You Need a Notary for Every Legal Document?
No. Many contracts and other documents are valid without notarization. Whether notarization is required depends on the document, applicable law, and the requirements of the organization receiving it.
If a document will be used abroad, additional steps may also be necessary. For example, notarization and an apostille are different procedures, and notarization alone may not be sufficient for international use.
Before signing an important document, check the requirements of the receiving organization and the rules in your state. This can help ensure that you request the correct type of notarization and avoid unnecessary delays.