What is a Notary Public?
What documents can be notarized?
What do I bring to the notary appointment?
Can a notary refuse a signing?
Can a notary provide legal advice?
How long is a notary appointment?
Can a notary certify a copy of a document?
Are notary services available on weekends?
Q. What is a Notary Public?
A. A Notary Public is an individual authorized by the government to serve as an impartial witness in the signing of important documents, primarily to deter fraud and ensure proper execution. The specific duties of a notary public vary by jurisdiction, but their role is generally to 1) Witness signatures, 2)Verify the identity of the the signers, 3) Ensure that the signer understands the document they are signing and that they are signing it voluntarily. Additionally they may administer an oath (or promise to tell the truth) for affidavits or documents which have specific verbiage such as "subscribed and sworn".
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Q. What documents can be notarized?
A. Documents that requirement notarization include those which need to be acknowledged or jurats in which an oath must be administered. Common documents include real estate grant deeds, deeds of trust, powers of attorney, wills and trusts, affidavits and more.
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Q. What documents should I bring to the appointment?
A. In many cases a drivers license or passport is all that is required. In a loan signing, it may be necessary to have 2 forms of identication to comply with the provisions of the PATRIOT act. Secondary forms of ID can include: social security card, government issued visa, birth certificate, Non-US/Canadian Driver's license, property tax bill, voter registration card, bank statement, organizational membership card, paychecktub with name. most recent W2, Insurance paperwork, or recent utility bill
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Q. Can a notary refuse a signing?
A. Yes, a notary can refuse to perform a signing under certain circumstances. While notaries are generally obligated to serve the public impartially, they must also adhere to state laws and ethical guidelines. Here are some common reasons a notary might refuse to notarize a document:
1. Identification Issues
The signer cannot provide acceptable identification as required by state law.
The ID presented is expired or does not match the person appearing before the notary.
2. Incapacity or Coercion
The notary believes the signer is not acting of their own free will (e.g., signs of coercion or duress).
The signer appears to lack the mental capacity to understand the document.
3. Document Issues
The document is incomplete or contains blank spaces.
The document presented is illegal, fraudulent, or against public policy.
4. Competence and Scope
The notary is not authorized to perform the requested notarial act (e.g., notaries in some states cannot certify copies of certain documents).
The document is written in a language the notary does not understand.
5. Conflict of Interest
The notary has a personal or financial interest in the transaction.
The notary is related to one of the parties involved (prohibited in some states).
6. Improper Behavior or Conditions
The signer refuses to take an oath or affirmation (if required for the act).
The notary feels threatened or unsafe during the process.
7. Legal Noncompliance
The notary is aware that the act would violate state notary laws or regulations.
In such cases, the notary should explain the reason for the refusal, document it in their notary journal (if applicable), and refer the signer to another notary if appropriate.
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Q. Can a notary provide legal advice?
A. No, a notary cannot provide legal advice. A notary's role is to verify the identity of individuals signing documents, witness signatures, and administer oaths. Providing legal advice requires specialized knowledge and licensure, typically reserved for attorneys. If a notary offers legal advice, they could be in violation of the law, as it can be considered the unauthorized practice of law.
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Q. How long is a notary appointment?
A. It can range from 10 minutes to 90 minutes depending on the type of signing and number of documents that require signatures and notarizations.
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Q.Can a notary certify a copy of a document?
A. Yes, a notary can certify a copy of a document, but the rules vary by jurisdiction. In many states in the U.S., notaries are authorized to certify copies of certain documents, such as public records or official documents, provided the notary has the original document in hand. However, notaries typically cannot certify copies of vital records (e.g., birth certificates, marriage licenses) or other government-issued documents unless specifically authorized by state law. Always check local laws for specific requirements.
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Q. Is King Notary Service available on weekends?
A. Yes, we are available to assist on Saturdays from 10AM-3PM however there is $10 surcharge.
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