What Makes a Notarized Statement Legal?
A notarized statement is a signed document which the signer has either acknowledged or sworn to in front of a notary public. Notarization does not make a document legal -- it only proves that a signature is genuine.
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Definitions
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A notary public is a public official who is allowed to attest to the validity of signatures, administer oaths and take depositions and affidavits. Some states may grant notaries additional powers. A notarization protects people from fraud by ensuring that signatures on a document are genuine. A notarization comprises a notarial certificate and a notarial stamp. The certificate states that the signer appeared in person before the notary and proved his identity, and that the person's signature is authentic and unforced. The stamp is the notary's seal, or official mark of office.
Types
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Notarial certificates take several forms. The two most common are the jurat and the acknowledgment. The jurat is a sworn statement that the document being signed is true and correct to the best of the signer's knowledge; the oath must be administered by the notary before the document is signed. An acknowledgment is an unsworn statement in which the notary confirms that the person claiming to be the signer of the document has given satisfactory evidence to the notary to prove that he signed it. For acknowledgments, the document may already be signed when it is presented to the notary.
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Misconceptions
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Notarization of a document does not make the document legal. In fact, a notary does not notarize the document at all. The notary notarizes the signature only. Notaries are prohibited from giving legal advice unless they are also lawyers. Therefore, people who need to establish the legality of a document should consult a lawyer.
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