Notarization – What It Is and Why It Matters

Notarization is a fraud-deterrent process that ensures a document is authentic and can be trusted. It’s used for many documents, including insurance loss declarations and sworn statements in court.

You can notarize documents in person or online. The critical distinction between the two is the requirement that you present a legitimate form of identity.

Legal Definition

Notarization is the process of certifying documents to ensure their authenticity and to prevent fraud. It involves a notary public who verifies identity, witnesses the signing, and records the process.

Documents that get notarized include mortgages, loan documents, affidavits, contracts, and powers of attorney. They are used for critical financial and legal matters that require a lot of trust in all parties involved.

A notary public can perform a notarial act on any document that must be authenticated under the state’s law or any foreign country. They do this by affixing or embossing their official seal to the record.

They also certify that the person signing the document has provided identification and made a legal declaration that they signed the document willingly. The notary can do this with an acknowledgment or a jurat. A jurat requires the signer to appear in person at the notary public’s office, sign the document in front of the notary, and then swear or affirm that the statement on the paper is confirmed.

Purpose

Many government agencies, industry authorities, and legal courts require documents to be notarized to ensure authenticity. It is essential because it helps prevent fraud and gives you total trust in the documents you’re signing.

Important papers, including contracts, powers of attorney, affidavits, and deeds, are signed before a notary public as a witness. They also verify the signers’ identities, willingness to sign, and awareness of the document’s contents or transaction.

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The notary will ask for proper signer identification, such as a state-issued driver’s license or passport. It will help to identify the person, and their signature is then recorded in a journal for future reference.

Signing the Document

Signing the document is an essential step in any transaction. It confirms that the paper’s contents accurately reflect the parties’ intentions for the trade.

Unlike handshakes or oral agreements, the signature on the document is a permanent record of the deal. It makes it much harder for a party to backtrack on its commitments.

Many people choose to have their documents notarized by a notary public. A notary public is a trusted, independent third party who witnesses and validates the authenticity of the papers she notarizes.

The notary then completes a ” notarial certificate” that states the facts she has certified in the notarization. Affixing the notary’s seal to the certificate climaxes the notarization.

It’s also a good idea to provide copies of the document for those who need to sign it so they can review it before signing. It is especially true if the document requires them to complete a form or is legally complex.

Verification

Verification is a critical component of the notarization process. It ensures that a notary public has verified the signer’s identity and witnessed their document signing.

The notary then affixes their signature and notarial stamp or seal to the document and states that the signature is authentic. These notarizations are considered self-authenticating and are often used as court evidence that a record was adequately signed.

ID verification: To confirm a signer’s identity, a notary typically requests that the signer present two forms of valid identification. It can include a US driver’s license, passport, or government-issued ID.

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Credential analysis: A notary can use commercial software to verify the signer’s government-issued ID by reviewing public and proprietary data sources.

Identify proofing: A notary can use commercial software to confirm a signer’s identity using a knowledge-based authentication (KBA) process.

RON uses visual, physical, and cryptographic security features to help ensure the integrity of a signer’s identity. It is a more advanced and secure method than an in-person review by a notary with experience in this area.

Herminia Wade

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