About Notary Publics
Notary publics are essentially witnesses to something official. "Seals" attest to the identities of persons signing affidavits, applications or other legal documents. In the thousands of documents transmitted daily in courts and between government agencies, notarization guarantees that a standard test of identification has been performed guaranteeing that a document is genuine. Most notary publics perform these duties as part of a full-time responsibility in a financial or legal institution. A few practice as independent professionals.
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History of
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Like much of western law, the origin of the notary public begins with the Romans who employed especially able clerks to record and copy official documents. These "scribae" developed specialized shorthand for note taking and became known as "notarii." Notaries recorded the words of the emperors and the prosecution of the first Christian martyrs. As Rome's power receded, imperial notaries found work in the new Christian church, documenting classical knowledge. The emperors of the Holy Roman Empire, beginning with Charlemagne in the 9th century, appointed royal notaries to keep records in the courts of government. As the merchant class became the middle class during the Middle Ages, the growth of trade and business required independent certifiers of fact for contracts and trade. The public notary was born. Today, notaries in some countries have common law responsibilities but in most of the U.S. these officials serve as certifiers of the authenticity of thousands of documents in hundreds of businesses, courts and other government offices on a daily basis.
Function
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Notary public officers verify the identity of persons signing applications, financial instruments, affidavits and other documents where a professional, objective official must attest to the validity of the signer. The purpose of the document may range from a passport application to an affidavit for a trial. A notary public's "seal" is a recognized sign of authenticity.
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The Facts
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American notary publics serve as authenticators of documents, except in Louisiana where they also have some responsibilities at common law. Louisiana notaries often draft civil legal documents such as bills of sale, deeds, mortgages, contracts and guardianship. Other states limit notarial duties to authentication. Notary publics are appointed by the state, take an oath and frequently must qualify through professional education. Most states require a notary to use a seal or other mark, completed by entering the date of expiration of the notary's term of office to certify documents. The notary must also record the venue (location where the document was witnessed) and to state that the notary has confirmed the signer's identity and administered an oath or affirmation under penalty of perjury. Notaries are bonded and, since they are responsible for documents they authenticate, most keep journals of documents by date, title and signer's names. The confidentiality of these journals is currently at issue and varies from state to state.
Significance
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Notary publics make it possible for people to do business, transmit financial instruments and file applications and legal documents without actually traveling to the physical institution to present them. The savings in time and effort make interstate and international business to move along more quickly. By establishing professional standards for notary publics, important documents can be immediately verified without further inquiry.
Risk Factors
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Notaries witness large quantities of personal information and confidentiality is one of their concerns. The developing field of e-credentials also presents challenges. Some unscrupulous notaries have victimized unsuspecting immigrants from Latin countries where notaries have common law authority.
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Resources
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