Notarize in United States

Plain-English Law

Notarize as defined by Nolo’s Encyclopedia of Everyday Law (p. 437-455):

The act of certification by a notary public that establishes the authenticity of a signature on a legal document.

Practical Information

Note: Some of this information was last updated in 1982

To acknowledge or attest a document as a notary public (in U.S. law). The notary public exercises special care to see that documents he or she notarizes are executed correctly. If the papers are not in conformity with the requirements of the office where they are to be recorded, they will be rejected. The notary does not read an instrument that is notarized but should read the acknowledgment (in U.S. law) and also glance over the instrument. A commission as a notary public is a trust; it confers certain powers upon the notary as well as requiring that the notary perform certain duties. In exercising these powers and duties, he or she should observe punctiliously the “letter of the law.” In a law office, the principal duty as a notary public will be taking acknowledgments.

Acknowledgments also recite that the individual “acknowledged” that the or she signed the instrument.

Acknowledgments also recite that the notary knows, or has satisfactory evidence, that the person making it is the person “described in and who executed” the instrument. The notary must have satisfactory evidence of the identity of a person whose acknowledgment is taken. Of course, in taking acknowledgments made by clients, the notary is not likely to have difficulty in this respect. A notary who willfully make a false certificate that an instrument was acknowledged by a party to the instrument is guilty of forgery.

A certificate of acknowledgment also shows the date it is signed by the notary. The notary should never postdate or antedate a certificate. To do so constitutes fraud (in U.S. law) and deceit in the exercise of the notary’s powers.

(Revised by Ann De Vries)

What is Notarize?

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