An Embossed Notary Seal. This type of seal is no longer legally sufficient in New York State (see below).

A notary public is an officer who can administer oaths and statutory declarations, witness and authenticate documents and perform certain other acts varying from jurisdiction to jurisdiction. Generally speaking, a notary public in the United States of America has powers that are far more limited than the role of a civil law notary in the rest of the world, with the exception of Louisiana. For the purposes of authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. Notary Seal, public domain File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... Notary Seal, public domain File history Legend: (cur) = this is the current file, (del) = delete this old version, (rev) = revert to this old version. ... EMBOSS is an acronym for European Molecular Biology Open Software Suite. ... Officer may refer to: Holders of an office Academia Chief Academic Officer · Sabbatical officer Military Officer (armed forces) Officers Training Corps · Reserve Officers Training Corps Corporate Law enforcement Customs officer · Peace officer · Police officer · Prison officer · Probation officer Politics and government Chief medical officer · Political commissar · Presiding Officer · Returning Officer... An oath (from Old Saxon eoth) is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... A declaration is a form of statement, which expresses (or declares) some idea; declarations attempt to argue that something is true. ... This article is about witnesses in law courts. ... Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France. ...

In some countries and states, notaries are required to undergo specific training in the performance of their duties. Many must also first serve as an apprentice before being commissioned or licensed to practice their profession. Even licensed lawyers (such as barristers or solicitors) must go through additional specialized notarial training and apprenticeship, in many countries, before being allowed to practice the profession of a notary. A notary public commissioned in the United States of America is not an attorney-at-law unless also admitted to the bar. (Although some countries consider the profession of a civil law notary, itself, to be the practice of law. Many even have institutes of higher education issuing degrees in the field. In the United Kingdom, for example, a notary public can perform any task a solicitor or other lawyer can perform, as part of their notary public duties, with the sole exception of representing others before the courts, unless they are also licensed as a barrister.)

History

Notaries Public (also called "notaries" or "public notaries") hold an office which can trace its origins back to ancient Rome, when they were called scribae , tabellius or notarius. They are easily the oldest continuing branch of the legal profession, existing throughout the whole of the world. This article or section may contain original research or unverified claims. ... This article is about law in society. ...

The history of Notaries is set out in detail in Chapter 1 of Brooke's Notary (12th edition):

The office of a public notary is a public office. It has a long and distinguished history. The office has its origin in the civil institutions of ancient Rome. Public officials, called "scribae", that is to say, scribes, rose in rank from being mere copiers and transcribers to a learned profession prominent in private and public affairs. Some were permanent officials attached to the Senate and courts of law whose duties were to record public proceedings, transcribe state papers, supply magistrates with legal forms, and register the decrees and judgments of magistrates.

In the last century of the Republic, probably in the time of Cicero, a new form of shorthand was invented and certain arbitrary marks and signs, called "notae", were substituted for words in common use. A writer who adopted the new method was called a "notarius". Originally, a notary was one who took down statements in shorthand and wrote them out in the form of memoranda or minutes. Later, the title "notarius" was applied almost exclusively to registrars attached to high government officials, including provincial governors and secretaries to the Emperor.

Notwithstanding the collapse of the Western Empire in the 5th century AD, the notary remained a figure of some importance in many parts of continental Europe throughout the Dark Ages. When the civil law experienced its renaissance in mediæval Italy from the 12th century onwards, the notary was established as a central institution of that law, a position which still obtains in countries whose legal systems are derived from the civil law.

The separate development of the common law in England, free from most of the influences of Roman law, meant that notaries were not introduced into England until later in the 13th and 14th centuries. At first, notaries in England were appointed by the Papal Legate. In 1279 the Archbishop of Canterbury was authorised by the Pope to appoint notaries. Not surprisingly, in those early days, many of the notaries were members of the clergy. In the course of time, members of the clergy ceased to take part in secular business and laymen, especially in towns and trading centres, began to assume the official character and functions of a modern notary.

The Reformation produced no material change in the position and functions of notaries in England. However, in 1533 the enactment of "the Act Concerning Peter's Pence and Dispensations" (The Ecclesiastical Licences Act, 1533) terminated the power of the Pope to appoint notaries and vested that power in the King who then devolved it to the Archbishop of Canterbury who in turn devolved it to the Master of the Faculties.

Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.

The Roman Senate (Latin: Senatus) was the main governing council of both the Roman Republic, which started in 509 BC, and the Roman Empire, which ended in the 6th century AD. The word Senatus is derived from the Latin word senex, meaning old man or elder. ... A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... See also Roman Republic (18th century) and Roman Republic (19th century). ... This article or section does not cite its references or sources. ... Romulus Augustus was deposed as Western Roman Emperor in 476 while still young. ... Petrarch, who conceived the idea of a European Dark Age. From Cycle of Famous Men and Women, Andrea di Bartolo di Bargillac, c. ... This is the history of Italy during the Middle Ages. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... This article or section does not cite its references or sources. ... A papal Legate, from the Decretals of Boniface VIII (1294 to 1303). ... Arms of the see of Canterbury The Archbishop of Canterbury is the senior clergyman of the established Church of England and symbolic head of the worldwide Anglican Communion. ... The current Pope is Benedict XVI (born Joseph Alois Ratzinger), who was elected at the age of 78 on 19 April 2005. ... Clergy is the generic term used to describe the formal religious leadership within a given religion. ... This article concerns secularity, that is, being secular, in various senses. ... The Protestant Reformation was a movement which began in the 16th century as a series of attempts to reform the Roman Catholic Church, but ended in division and the establishment of new institutions, most importantly Lutheranism, Reformed churches, and Anabaptists. ... The Act Concerning Peters Pence and Dispensations (short title ) was passed by the Reformation Parliament in the early part of 1534 and outlawed the payment of Peters Pence and other payments to Rome. ... Arms of the see of Canterbury The Archbishop of Canterbury is the senior clergyman of the established Church of England and symbolic head of the worldwide Anglican Communion. ... Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ...

Common law jurisdictions

The duties and functions of notaries public are described in Brooke's Notary on page 19 in these terms:

Generally speaking, a notary public [...] may be described as an officer of the law [...] whose public office and duty it is to draw, attest or certify under his official seal deeds and other documents, including wills or other testamentary documents, conveyances of real and personal property and powers of attorney; to authenticate such documents under his signature and official seal in such a manner as to render them acceptable, as proof of the matters attested by him, to the judicial or other public authorities in the country where they are to be used, whether by means of issuing a notarial certificate as to the due execution of such documents or by drawing them in the form of public instruments; to keep a protocol containing originals of all instruments which he makes in the public form and to issue authentic copies of such instruments; to administer oaths and declarations for use in proceedings [...] to note or certify transactions relating to negotiable instruments, and to draw up protests or other formal papers relating to occurrences on the voyages of ships and their navigation as well as the carriage of cargo in ships." [Footnotes omitted.]

A notary, in almost all common law jurisdictions, is a qualified, experienced practitioner trained in the drafting and execution of legal documents. (A notable exception being 48 of the 50 U.S. States and some parts of Canada.) Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required. Specifically, the functions of notaries include the preparation of certain types of documents (including international contracts, deeds, wills and powers of attorney) and certification of their due execution, administering of oaths, witnessing affidavits and statutory declarations, certification of copy documents, noting and protesting of bills of exchange and the preparation of ships' protests. This article is about witnesses in law courts. ... An affidavit is a formal sworn statement of fact, written down, signed, and witnessed (as to the veracity of the signature) by a taker of oaths, such as a notary public. ... A negotiable instrument is a specialized type of contract which obligates a party to pay a certain sum of money on specified terms. ... Italian ship-rigged vessel Amerigo Vespucci in New York Harbor, 1976 A ship is a large, sea-going watercraft. ...

Significant weight attaches to documents certified by notaries. Documents certified by notaries are sealed with the notary's seal or stamp and are recorded by the notary in a register (also called a "protocol") maintained and permanently kept by him or her. These are known as "notarial acts". In countries subscribing to the Hague Convention Abolishing the Requirement for Legalization for Foreign Public Documents only one further act of certification is required, known as an apostille) and is issued by a government department (usually the Foreign Affairs Department or similar). For other countries an "authentication" or "legalization" must be issued by the Foreign Affairs Ministry of the country from which the document is being sent or the Embassy, Consulate-General or High Commission of the country to which it is being sent. Seal on envelope A seal is an impression printed on, embossed upon, or affixed to a document (or any other object) in order to authenticate it, in lieu of or in addition to a signature. ... An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text, however it has come to mean an explanatory note on other writings. ...

England

After the passage of the 1533 Act, which was a direct result of the Reformation in England, all notary appointments were issued directly through the Court of Faculties. The Court of Faculties is attached to the office of the Archbishop of Canterbury. The Protestant Reformation was a movement which began in the 16th century as a series of attempts to reform the Roman Catholic Church, but ended in division and the establishment of new institutions, most importantly Lutheranism, Reformed churches, and Anabaptists. ... This article or section does not cite its references or sources. ... Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ...

In England there are several classes of notaries. English notaries, not to be confused with commissioners of oaths, also acquire the same powers as solicitors and other law practitioners, with the exception of the right to represent others before the courts (unless also licensed as barristers) once they are licensed or commissioned notaries. There are also Scrivener notaries, who get their name from the Scriveners' Company; until 1999, when they lost this monopoly, they were the only notaries permitted to practice in the City of London. This article or section does not cite its references or sources. ... The Worshipful Company of Scriveners of the City of London is one of the Livery Companies of the City of London. ...

The other notaries in England are either ecclesiastical notaries whose functions are limited to the affairs of the Church of England or other qualified persons who are not trained as solicitors or barristers but perfectly satisfy the Master of the Faculties of the Archbishop of Canterbury that they possess an adequate understanding of the law. Both the latter two categories are required to pass examinations set by the Master of Faculties. The regulation of notaries was modernized in the 1990s as a result of the Courts and Legal Services Act 1990, section 57. Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ... Arms of the see of Canterbury The Archbishop of Canterbury is the senior clergyman of the established Church of England and symbolic head of the worldwide Anglican Communion. ...

Australia

In all Australian States and Territories (except Queensland) notaries public are appointed by the Supreme Court of the relevant State or Territory. A very few have been appointed as a notary for more than one State or Territory. There are two broad levels within the hierarchy of Australian courts, the federal level and the state and territory level. ...

Queensland, like New Zealand, persists with the archaic practice of appointment by the Archbishop of Canterbury acting through the Master of the Faculties. Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ...

Many Australian notaries are lawyers but the overall number of lawyers who choose to become a notary is relatively low. For example, in South Australia (a State with a population of 1.5 million), of the over 2,500 lawyers in that state only about 100 are also notaries and most of those do not actively practice as such. In Melbourne, Victoria, in 2002 there were only 66 notaries for a city with a population of 3.5 million and only 90 for the entire state. Compare this with the United States where it has been estimated that there are over 3 million notaries for a nation with a population of 296 million. Emblems: Hairy Nosed Wombat (faunal); Leafy Seadragon (marine); Piping Shrike (bird: unofficial); Sturts Desert Pea (floral); Opal (gemstone) Motto: United for the Common Wealth Slogan or Nickname: Festival State Other Australian states and territories Capital Adelaide Government Const. ... Melbournes Yarra River is popular area for walking, jogging, cycling, rowing and for relaxing on the banks with a picnic Melbourne (pronounced either or [1]) is the second most populous city in Australia, with a metropolitan area population of approximately 3. ... Emblems: Pink heath (floral)Weedy Seadragon (Aquatic) helmeted honeyeater (bird) Leadbeaters possum (faunal) Motto: Peace and Prosperity Slogan or Nickname: Garden State, The Place To Be, On The Move Other Australian states and territories Capital Melbourne Government Const. ...

As Justice Debelle of the Supreme Court of South Australia said in the case of In The Matter of an Application by Marilyn Reys Bos to be a Public Notary [2003] SASC 320, delivered September 12, 2003, in refusing the application: The Supreme Court of South Australia building from Victoria Square. ... Portal:Currentevents September 12 is the 255th day of the year (256th in leap years). ... 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...

As a general rule, an applicant [for appointment as a notary] should be a legal practitioner of several years standing at least. Even a cursory perusal of texts on the duties and functions of a public notary demonstrates that a number of those functions and duties require at the very least a sound working knowledge of Australian law and commercial practice. In other words, the preparation of a notarial act plainly requires a sound knowledge of law and practice in Australia especially of the due preparation and execution of commercial and contractual instruments. It is essential that notaries in this State have a sufficient level of training, qualification and status to enable them efficiently and effectively to discharge the functions of the office.

Historically there have been some very rare examples of patent attorneys or accountants being appointed, but that now seems to have ceased.

However, there are three significant differences between notaries and other lawyers.

Firstly, the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it his or her duty is to ensure that the transaction that they conclude is fair to both sides.

Secondly, a notary will often need to place and complete a special clause or attach a special page (known as an eschatocol) on or to a document in order to make it valid for use overseas. There are very few or no other articles that link to this one. ...

In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another certificate known either as an "authentication" or an "apostille" (depending on the relevant foreign country) from the Department of Foreign Affairs and Trade. An apostille, or postil, is properly a gloss on a scriptural text, particularly on a gospel text, however it has come to mean an explanatory note on other writings. ... The Department of Foreign Affairs and Trade is an Australian government department concerned with the relations between Australia and other nations, both in political and economic terms. ...

Thirdly, a notary identifies himself or herself on documents by the use of his or her individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the genuineness of a document.

Their principal duties include:

1. attestation of documents and certification of their due execution for use Australia and internationally,
2. preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use in Australia and internationally,
3. administering of oaths for use in Australia and internationally,
4. witnessing affidavits, statutory declarations and other documents for use in Australia and internationally,
5. certification of copy documents for use Australia and internationally,
6. exemplification of official documents for use internationally,
7. noting and protesting of bills of exchange, and,
8. preparation of ships' protests.

Although it was once usual for Australian notaries to use a red embossed seal it is now common for them to use a red inked stamp that contains the notary's full name and the words "notary public". It is also common for the seal or stamp to include the notary's chosen logo or symbol.

In South Australia and Scotland, it is acceptable for a notary to use the letters "NP" after their name. Thus a South Australian notary may have "John Smith LLB NP" or similar on his business card or letterhead. Motto: (Eng: No one provokes me with impunity)1 Anthem: Multiple unofficial anthems Capital Edinburgh Largest city Glasgow Official language(s) English, Gaelic, Scots 2 Government Constitutional monarchy  - Queen of the UK Queen Elizabeth II  - Prime Minister of the UK Tony Blair MP  - First Minister Jack McConnell MSP Unification    - by...

Australian notaries do not hold "commissions" which can expire. Once appointed they are authorised to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct.

All Australian jurisdictions also have Justices of the Peace (JP) or Commissioners for Affidavits who can witness affidavits or statutory declarations and certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia rather than in a foreign country, with the possible exception of a few Commonwealth countries not including the United Kingdom or New Zealand except for very limited purposes. Justices of the Peace (JPs) are (usually) laypersons who have minimal, if any, training (depending on the jurisdiction) but are of proven good character. Therefore a US notary resembles an Australian JP rather than an Australian notary. A Justice of the Peace (JP) is a puisne judicial officer appointed by means of a commission to keep the peace. ...

New Zealand

Unless excluded under dominion or colonial law, the Master of the Faculties formerly had authority to appoint notaries public in a dominion or colony. The admission of notaries in the Commonwealth was governed specifically by the Public Notaries Act 1833 (UK). The provisions of the Public Notaries Act 1801-43 requiring a notary to be a solicitor did not apply overseas, nor need a notary have a practising certificate as a solicitor, or from the Court of Faculties. Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ... A dominion, often Dominion, is the territory or the authority of a dominus (a lord or master). ... The Commonwealth of Nations (CN), usually known as the Commonwealth, is a voluntary association of 53 independent sovereign states, the majority of which are former colonies of the United Kingdom. ... A solicitor is a type of lawyer in many common law jurisdictions, such as the United Kingdom, Hong Kong, Republic of Ireland, Australia New Zealand and Canada, but not the United States (in the United States the word has a quite different meaning—see below). ... Under English ecclesiastical law, the Court of Faculties is the tribunal of the Archbishop of Canterbury, and is attached to the office of the Archbishop of Canterbury. ...

The usual procedure followed is that the applicant lodges with the Court of Faculties a memorial counter-signed by local merchants, shipping companies, bankers and other persons of substance, which show the local need of a notary and the fitness of the applicant. They also lodge their certificate of admission as a solicitor. A fee accompanies the application. The applicant, with the support of two other notaries public, who vouch that the applicant is well skilled in the affairs of notarial concern, petitions the Master of the Faculties. The memorial at the National Memorial Cemetery of the Pacific in Hawaii commemorates American dead from wars in the Pacific. ...

The chief consideration for the approval of an application is whether there is sufficient need in the district, regarding the convenience of bankers, ship-owners and merchants. The local society of notaries must be satisfied that a need exists for an additional notary in the area served by the applicant. Priority is given, as a matter of practice, to an applicant within the same firm, as a replacement in the case of the death of a notary, or where a practising notary is reducing his or her workload because of age or infirmity.

The Master of the Faculties continues to appoint notaries overseas in the exercise of the general authorities granted by s 3 of the Ecclesiastical Licences Act 1533 (Eng). In these cases he is guided by local considerations of public convenience. The Act Concerning Peters Pence and Dispensations (short title ) was passed by the Reformation Parliament in the early part of 1534 and outlawed the payment of Peters Pence and other payments to Rome. ...

United States

In the United States, generally speaking, a notary public is a person appointed by a state government (often the governor or the secretary of state of the state, or in some cases the state legislature) to serve the public as an impartial witness. Since the notary is a state officer, whether the jurisdiction is common law or civil law is determined on a state-by-state basis; Louisiana is the only civil law state.^[1] In most states, only qualified persons can apply for such an appointment, called a commission. Qualifications vary from state to state, but states often bar people with certain types of criminal convictions and/or below a certain age from being appointed, and applicants usually must pass some type of relatively simple examination covering notary practices and law. The material for such exams is usually easily contained in a booklet. Some states also require a bond or insurance. This article is about witnesses in law courts. ... This Article does not cite its references or sources. ...

Notaries in the United States are much less closely regulated than notaries in civil law jurisdictions or in most other common law countries, typically because U.S. notaries have less authority. In the United States, a non-attorney notary may not offer legal advice or prepare documents (with the exception of Louisiana) and cannot recommend how a person should sign a document or even what type of notarization is necessary. In many cases, a notary cannot authenticate a copy of a document. The most common notarial acts in the United States are the taking of acknowledgements and oaths. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Weighing scales represent the way law balances peoples interests For other senses of this word, see Law (disambiguation). ...

• An acknowledgement is an attestation by a notary that a person proved to the notary's satisfaction their identity then either signed the document in question in the notary's presence or acknowledged that a signature on the document was their own, and that they signed intending to "execute," or put into legal effect, the document. States vary in the specific requirements for identification and whether the person need actually sign the document in front of the notary. The typical form for an acknowledgement is:

On the ....day of .... in the year...before me, the undersigned, personally appeared ...personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument.

• A jurat is the official written statement by a notary public that he or she has administered and witnessed an oath or affirmation for an oath of office, or on an affidavit - that, is that a person has sworn to or affirmed the truth of information contained in a document, under penalty of perjury, whether that document is a lengthy deposition or a simple statement on an application form. The simplest form of jurat and the oath or affirmation administered by a notary are:

• Jurat: "Sworn to before me this ........ day of ........, 20 ......"

• Oath: "Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?"

• Affirmation (for those opposed to swearing oaths): "Do you solemnly, sincerely, and truly, declare and affirm that the statements made by you are true and correct?"

In most cases, all of the acts of a notary must include a venue, or official listing of the place where they happened, usually in the form of the state and county, with the abbreviation "ss" for the Latin scilicet, "more particularly," often in this form: It has been suggested that this article or section be merged with President of the United States oath of office. ...

 State of .......) )ss: County of.......) 

The National Notary Association estimates the United States has 4.5 million notaries public. ^[2]

Controversies

A Maryland requirement that to obtain a commission, a notary declare his belief in God, as required by the Maryland Constitution, was found by the United States Supreme Court in Torcaso v. Watkins, 367 U.S. 488 (1961) to be unconstitutional. Historically, some states required that a notary be a citizen of the United States. However, the U.S. Supreme Court, in the case of Bernal v. Fainter 467 U.S. 216 (1984) (the Fainter case), declared that to be impermissible. The Supreme Court of the United States is the highest judicial body in the United States and is the only part of the judicial branch of the United States federal government explicitly specified in the United States Constitution. ... Torcaso v. ... 1961 (MCMLXI) was a common year starting on Sunday (the link is to a full 1961 calendar). ... The word citizen may refer to: A person with a citizenship Citizen Watch Co. ... In the case of Bernal v. ... 1984 (MCMLXXXIV) was a leap year starting on Sunday of the Gregorian calendar. ...

In the U.S., there are reports of notaries (or people claiming to be notaries) having taken advantage of the differing roles of notaries in common law and civil law jurisdictions to engage in the unauthorized practice of law. The victims of such scams are typically illegal immigrants from civil law countries who need assistance with, for example, their immigration papers and want to avoid hiring an attorney. Confusion often results from the mistaken premise that a notary public in the United States serves the same function as a Notario Público in Spanish-speaking countries (which are civil law countries, see below). Prosecutions in such cases are difficult, as the victims are often deported and thus unavailable to testify. Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ...

California

California notaries must take a 6 hour class before taking the notary exam. California anti-fraud law requires a thumbprint in the journal entry for certain types of transactions. Documents with blank spaces cannot be notarized (a further anti-fraud measure). California explicitly prohibits notaries from using the literal Spanish translation of their title [1] (PDF file). The use of a notary seal is required. PDF is an abbreviation with several meanings: Portable Document Format Post-doctoral fellowship Probability density function There also is an electronic design automation company named PDF Solutions. ...

Certificates frequently used by California notaries include acknowledgments and jurats. An acknowledgment is a signed statement by the notary that the signer (1) personally appeared before the notary, (2) is personally known or was positively identified by the notary, and (3) acknowledged having signed the document. A jurat is a certificate stating that the signer (1) personally appeared before the notary, (2) is personally known or was positively identified by the notary (3) signed the document in the presence of the notary, and (4) took an oath or affirmation administered by the notary. The oath or affirmation is designed to compel truthfulness in a signer, through fear of the law or of God. Common dictionary definitions of truth mention some form of accord with fact or reality. ...

Louisiana

The Louisiana Notary is a civil law notary with broad powers, as authorized by law, usually reserved for the American style combination "Barrister/Solicitor" lawyers and other legally authorized practitioners in other states. A commissioned notary in Louisiana is a civil law notary that can perform/prepare many civil law notarial acts usually associated with attorneys and other legally authorized practitioners in other states, except, represent another person or entity before a court of law for a fee. Notaries are not allowed to give "legal" advice, but they are allowed to give "notarial" advice (i.e.) explain or recommend what documents are needed or required to perform a certain act and do all things necessary or incidental to the performance of their civil law notarial duties. They can prepare any document a civil law notary can prepare and, if ordered or requested to by a judge, prepare certain notarial legal documents, in accordance with law, to be returned and filed with that court of law. ^[3]

New Jersey

Notaries are commissioned by the State Treasurer for a period of five years. Notaries must also be sworn in by the clerk of the county in which he or she resides. One can become a notary in the state of New Jersey if he or she: (1) is over the age of 18; (2) is a resident of New Jersey OR is regularly employed in New Jersey and lives in an adjoining state; (3) has never been convicted of a crime under the laws of any state or the United States, for an offense involving dishonesty, or a crime of the first or second degree, unless the person has met the requirements of the Rehabilitated Convicted Offenders Act (NJSA 2A:168-1). Notary applications must be endorsed by a state legislator. Dishonesty is a term which in common usage may be defined as the act of being dishonest; to act without honesty; a lack of probity, to cheat, lying or being deliberately deceptive; lacking in integrity; to be knavish, perfidious, corrupt or treacherous; charlatanism or quackery. ... The Rehabilitation of Offenders Act 1974 of the UK Parliament enables some criminal convictions to be ignored after a rehabilitation period. ...

Notaries in the state of New Jersey serve as impartial witnesses to the signing of documents, attests to the signature on the document, and may also administer oaths and affirmations. Seals are not required; many people prefer them and as a result, most notaries have seals in addition to stamps. Notaries may administer oaths and affirmations to public officials and officers of various organizations. They may also administer oaths and affirmations in order to execute jurats for affidavits/verifications, and to swear in witnesses. Jurat (through French from mediaeval Latin juratus, one sworn, Lat. ...

Notaries are prohibited from pre-dating actions; lending notary equipment to someone else (stamps, seals, journals, etc); preparing legal documents or giving legal advice; appearing as a representative of another person in a legal proceeding. Notaries should also refrain from notarizing documents in which they have a personal interest.

Maryland

A notary must live or work in Maryland, and if the notary lives outside the state, that state must not restrict notary commissions to citizens of its own state. For this reason, residents of Pennsylvania cannot obtain a notary commission in Maryland.

New York

New York notaries are empowered to administer oaths and affirmations, to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest these (that is, certify them) for non-acceptance or non-payment. (Executive law, §135) Notaries have no other powers: notably (as emphasized by official publications) they may not certify copies of documents (for instance, "I hereby certify that this is a true and correct copy...," is something beyond the authority of a New York State notary). Further, notaries in New York are specifically warned not to notarize last wills and testaments: in New York, wills must be attested to by two witnesses (who need not be notaries), and a will witnessed by a notary is not thereby validated, a source of confusion for many people.

New York does not require that notaries use an official seal or stamp - the embossed seal illustrated above is, in fact, now a decorative addition to a document rather than a requirement of law, and is itself insufficient for a notarization. By a quirk of New York law that bars them from holding any other office, sherrifs may not be appointed notaries.(§13(a) of Article XIII of the Constitution of the State of New York.)^[4]

New York has another official similar to a notary: commissioner of deeds. Like a notary, a commissioner of deeds is a person who almost always has some other employment and who has filed an application and passed an examination, but the application is filed with and appointment is made by a local city government rather than the state. Commissioners of deeds are normally appointed en masse in periodic acts of the city council. The powers and rules and regulations are practically identical to those of a notary public except that the commissioner of deeds' authority exists only within the limits of the city for which he or she is appointed, and does not extend to the area of the whole state. Despite the name, their powers are not restricted to certifying signatures on property transfers. A large number of political party officials and activists apply for commissions as commissioners of deeds to certify signatures on nominating petitions in New York's sometimes complex elections process, as the application is cheaper and the registration process slightly less cumbersome than for a notary.^[5][6]

Pennsylvania

A notary in the Commonwealth of Pennsylvania is empowered to perform seven distinct official acts: take affidavits, verifications, acknowledgments and depositions, certify copies of documents, administer oaths and affirmations, and protest dishonored negotiable instruments. A notary is strictly prohibited from giving legal advice or drafting legal documents such as contracts, mortgages, leases, wills, powers of attorney, liens or bonds.

According to the Pennsylvania Association of Notaries, there are more than 84,000 notaries in the state; 247 of them also have been approved by the Secretary of the Commonwealth to notarize electronically.

Although the notarial office is unique, other officers of the Commonwealth are authorized to act as notaries in some respects. For example, the Secretary and clerks of courts may issue certifications, election officers may administer oaths, and law enforcement officers may take affidavits.

Until July 1, 2003, the Commonwealth required notaries to be residents of the state; non-residents were appointed Commissioners of Deeds, an essentially identical position. Now, anyone with a regular office located in Pennsylvania can be appointed a Notary; there will be no further Commissioners of Deeds appointed.

Pennsylvania notaries are governed by Title 57 of the Pennsylvania Statutes, known as the Notary Public Law. Act 151 of 2002 amended Title 57, bringing about the most significant changes to the Notary Public Law in 50 years. In effect since July 1, 2003, these changes include required education for notaries, specific signer identification procedures, eligibility of nonresidents to hold notarial commission, embossing seal no longer required on notarized documents, and authorization for electronic notarization.

The first law to govern American notaries in the Commonwealth of Pennsylvania was enacted in 1791. Isaac Craig, a glassmaker in Pittsburgh, was the first notary to be appointed under the new, independent state constitution. Governor Charles Mifflin, the first constitutionally elected governor, appointed Craig, with whom he had served in the Revolutionary War.

However, as early as 1727, British-appointed notaries sympathetic to the call for American independence began administering “Oaths of Allegiance to the Commonwealth of Pennsylvania,” in which individuals renounced loyalty to Britain. These oaths were documents signed by groups of individuals, in the style of a petition, or were personally written or distributed in a pre-printed form that could be signed, witnessed and sealed. In response to increasing numbers of foreigners arriving in the British colonies, King George II ordered the administration of “Oaths of Fidelity” and “Oaths of Abjuration” in 1729; the first oath disavowed ties to any monarch other than the British Crown, and the second abjured, or renounced, any connection to the Roman Catholic church.

Throughout the 17th and 18th centuries—both before and after the Revolutionary War—notaries and their traveling counterparts, commissioners of deeds, played vital roles in documenting the formation of the country. They performed the notarial acts necessitated by owning property and titling land, electing governmental leaders, and building the economy. The 19th and 20th centuries saw the numbers of commissioned notaries increase dramatically to meet the needs of developing business and commerce and a related increase in the number of lawsuits.

The Pennsylvania State Archives has preserved examples of the work of notaries throughout the last three centuries in the state. The oldest of these documents involve land records, including the 1681 Land Charter, which transferred ownership of the land that became Pennsylvania from King Charles II to William Penn. Subsequently, Penn purchased some of the land in parcels from the natives who occupied it and who Penn considered the rightful owners. Many deeds for so-called Indian lands were drawn up, acknowledged before notaries, and publicly recorded. The State Archives also preserves what is probably the state’s earliest recorded fraudulent land transfers. The 1737 Walking Purchase is an instrument by which Penn’s sons sold Indian land that their father had not purchased to a European land speculator. This illegal agreement deprived the Delaware Indians of the entire upper Delaware and Lehigh River Valleys.

Utah

Utah requires that impression seals be used, and the seal must be in purple ink.

Virginia

An individual who is a resident of Virginia (or a resident of another state who normally works in Virginia) may become a notary public. They must be at least 18 years of age, have no unpardoned felony convictions, be able to read and write, and fill out an application (which itself must be notarized) which is sent to the Secretary of State. The application requires the applicant to obtain signatures of two Virginia voters attesting to the honesty and character of the applicant. The application to become a notary points out that since the persons who sign the application as voters are parties to the document, the notary who authenticates the applicant's signature cannot be either of those persons. Virginia officials request, but do not require, that the applicant include their social security number (they have also accepted Virginia drivers license numbers) on the form, for use as a unique identifier. The applicant may, by checking a box on the application, choose to remove the words "in the year of Our Lord" which normally appear before the year the commission is issued. While the applicant must swear that they have read the notary laws, there is no test or special knowledge required.

A seal is not required, but as most people expect seals, and because documents to be used in other states may require them, most notaries do carry and use seals. No bond is required, and a Virginia notary is not required to keep a log of their official acts.

A Virginia notary is authorized to acknowledge signatures, take oaths, and certify copies of non-government documents which are not otherwise available, e.g. a notary cannot certify a copy of a birth or death certificate since a certified copy of the document can be obtained from the issuing agency. A notary may only authenticate a person based upon that person's documentation of their identity (such as a driver's license or identification card), or by the notary's own personal knowledge of the person appearing before them, use of witnesses to identify an individual is not permitted. A notary may not authenticate their own signature or that of their spouse, nor may a notary authenticate any document to which they or their spouse are a party. An example given is that a notary could authenticate a will, even if they are an executor, but could not do so if they are a beneficiary of that will. Current EU driving licence, German version - front 1. ... German identity document sample An identity document is a piece of documentation designed to prove the identity of the person carrying it. ...

Civil Law jurisdictions

The role undertaken by notaries in civil law countries is much greater than in common law countries. Notaries in the former countries frequently undertake work done in common law countries by the Titles Office and other Government agencies. The qualifications imposed by some countries is much greater. In Greece, for example, a practitioner must choose to be either a solicitor or a notary. Civil law is the predominant system of law in the world, with its origins in Roman law, and sets out a comprehensive system of rules, usually codified, that are applied and interpreted by judges. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ...

This should be contrasted with the Latin American notario who may be similar to an attorney at law or lawyer. A French notaire, a German Notar and an Italian Notaio register wills and other documents, and authenticates transactions of real estate. Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ... For information on the type of fish called Lawyer, see the article on Burbot. ... English barrister 16th century painting of a civil law notary, by Flemish painter Quentin Massys. ... A Notaire is a French civil law notary, a public officer working under the juristiction of the Ministry of Justice who gives authenticity to legal documents requiring formality under French Law. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Real estate is a legal term that encompasses land along with anything permanently affixed to the land, such as buildings. ...

In the few United States jurisdictions where trained notaries are allowed (such as Puerto Rico), the practice of these jurists is limited to non-judicial legal advice, property conveyencing and legal drafting. See civil law notary. Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France. ...

Germany

In Germany, the Notar (pl. Notare) (civil law notary) plays an important role in contractual agreements relating to special laws such as Civil law notaries are trained jurists who often receive the same training as advocating jurists — those with a legal education who become litigators such as barristers in England and Wales and Northern Ireland or avocats in France. ...

1. property law
2. land charge certification
3. law of succession
4. family law
5. corporate law.

The Notar has legal training equivalent to the training of a solicitor. (S)He is appointed by the State government and is authorised to certify deeds. He provides independent and impartial advice to contractual parties. Depending on the State, German notaries officiate either as a "single-profession notary" (i.e. his/her only profession is being a civil law notary), or as a "solicitor and notary" (i.e. a solicitor who may also act as civil law notary).

The notary drafts the deeds in accordance with German law and provides legal advice regarding a contract. He will read aloud the deed in front of all parties involved. The deed is signed by all parties and sealed by the notary. It is irrevocable.

In Germany, a notary is very important to daily business. All property transactions must be signed and sealed at the office of the notary public (§ 311 b of the German Civil Code).

See also

• Articles about certificates commonly completed by notaries (varies by jurisdiction):
  • Acknowledgment (law)
  • Copy certification
  • Jurat

Look up acknowledgment in Wiktionary, the free dictionary. ... A certified copy is a photocopy of a filed document, legal or other, in its entirety (everything within a staple) that is sworn to be a true copy by a court clerk or solicitor. ... Jurat (through French from mediaeval Latin juratus, one sworn, Lat. ...

References

1. ^ Paul M. Herbert LSU Law Center. (2006). Louisiana State University. Retrieved 2006-08-09 from http://www.law.lsu.edu
2. ^ History of the NNA. Retrieved on 2006-07-09.
3. ^ http://www.lna.org/
4. ^ http://www.dos.state.ny.us/lcns/lawbooks/notary.html
5. ^ http://nycmarriagebureau.com/about/commissionerofdeeds.html
6. ^ http://www.dos.state.ny.us/lcns/lawbooks/notary.html

2006 (MMVI) is a common year starting on Sunday of the Gregorian calendar. ... July 9 is the 190th day of the year (191st in leap years) in the Gregorian Calendar, with 175 days remaining. ...

External links

• United States Notary Association
• Pennsylvania Association of Notaries
• England Notary Society
• State Notary Info