Bay Area Notaries
of San Mateo County
, California

Notary Definition and frequently asked questions

What is a Notary?
Little Red Car
Home Button

A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. Witnessing the signing of a document is called an Acknowledgment and the administration of an oath is called a Jurat. Both require specific notarial wording to appear on the document to be signed or on a separate certificate which is than attached to the signed document.

Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

Many documents require notarization, by law. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized. Also private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

 

Q.
How does a Notary identify a signer?
A.
Generally, the Notary will ask to see a current identification with a photograph, physical description, signature and serial number. A driver’s license, military ID or passport are acceptable.
Q.
May a Notary give legal advice or prepare legal documents?
A.
Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.
Q.
Can a Notary refuse to serve people?
A.
Only if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer. A Notary, however, must be able to communicate in the SAME language as the client or customer - NO translator is allowed.