A Notary Public serves as an impartial witness. When assessing the nature of this position, many people confuse its status, often questioning whether it is a certification that proves competence or a commission that grants authority. A Notary Public holds a public office granted by a state government. This formal appointment is termed a “commission,” which signifies a public trust and a duty to the state and its citizens.
The Core Function of a Notary Public
The fundamental purpose of the Notary Public is to deter fraud and coercion in transactions. The notarial act establishes proof that a document’s signer is who they claim to be, is signing willingly, and understands the transaction. The duties of this office are ministerial, meaning the notary must follow established statutory rules without exercising personal discretion.
Notarial acts authenticate the execution of documents, including:
- Taking an acknowledgment, where the signer appears before the notary and declares they signed the document voluntarily.
- Administering an oath or affirmation, which is a solemn verbal pledge asserting that the contents of a written statement are true under penalty of perjury.
- Performing a jurat, which combines an oath and a signature witnessing.
- Certifying that a copy of an original document is a true and accurate reproduction, depending on state law.
Commission, Not Certification: Understanding the Legal Status
The status of a Notary Public is a commission, distinguishing it from certification or a professional license. A commission is an official instrument of authority issued by a sovereign power, such as the Governor or Secretary of State, appointing an individual to a public office. This establishes the notary as a public officer, carrying a duty to the public good.
A certification implies an individual has completed training and passed an examination to prove proficiency in a specific skill set. While notaries often require training and testing, their authority derives from the state’s appointment, not educational achievement. A license grants permission to engage in a regulated trade, but the notary’s commission grants the authority to execute official, government-sanctioned acts. The commission is a delegation of state authority, ensuring document integrity.
Essential Eligibility Requirements
Applicants must meet prerequisites established by state law before securing the commission. These requirements ensure the individual is capable of handling the responsibilities of the public office.
Key Eligibility Requirements
- The applicant must be at least 18 years of age.
- Applicants must be a legal resident of the state or maintain a regular place of employment or business within the state.
- Applicants must demonstrate a basic level of literacy, often requiring the ability to read, write, and understand English.
- A thorough background screening is required, often involving fingerprinting and a comprehensive criminal history check.
This evaluation assesses the applicant’s honesty and integrity, as felony convictions or crimes involving moral turpitude are typically disqualifying factors.
Navigating the Notary Commissioning Process
Once eligibility is satisfied, the applicant proceeds through a multi-stage process to secure the commission. Many states require applicants to complete a state-mandated course of study covering the specific laws, ethics, and procedures of notarial practice. Following training, the applicant must often pass a written examination before submitting a formal application packet.
A significant procedural step is purchasing a surety bond, which is a financial guarantee protecting the public from harm caused by the notary’s errors or misconduct. This bond protects injured parties, though the notary remains liable to reimburse the surety company for claims paid. The final step involves executing an Oath of Office, a pledge to faithfully discharge the duties according to law. The oath and surety bond must be filed with the designated office to activate the authority.
Primary Notary Duties and Prohibited Acts
Executing a notarial act involves detailed steps to ensure integrity. The notary’s core responsibility is to verify the signer’s identity, typically by examining current government-issued identification. The notary must also confirm the signer’s willingness and awareness, checking for signs of duress or confusion.
After confirming identity and intent, the notary completes the notarial certificate, which includes the required language, signature, and official seal. Notaries are strictly prohibited from engaging in the Unauthorized Practice of Law (UPL).
Prohibited Notarial Acts
- Offering legal advice or selecting the appropriate notarial act for a document.
- Assisting in the drafting or completion of legal forms.
- Notarizing their own signature or documents in which they have a direct financial or beneficial interest.
- Notarizing a blank or incomplete document.
Violating these prohibitions can lead to severe penalties, including loss of the commission, fines, or criminal charges.
Maintaining and Renewing Your Notary Commission
The Notary Public commission is a temporary appointment granted for a fixed term. To maintain validity, the notary must diligently record every notarial act in an official journal or logbook. This permanent record deters fraud and serves as a resource for investigations. The notary is also responsible for the safekeeping and proper use of their official seal or stamp.
The renewal process requires the notary to initiate reapplication in advance to avoid a lapse in authority. Renewal often mirrors the initial commissioning process, requiring a new application, securing a new surety bond, and sometimes completing refresher education or passing an examination. If the commission expires, the individual must typically restart the entire application process as a first-time applicant.