What is a Notary Public? According to the National Notary Association, a Notary Public is, “A responsible person appointed by state government to witness the signing of important documents and administer oaths.” As a government official, there are guidelines and restrictions which notaries must follow. Below are some common misconceptions and the facts about notaries:
Fiction – Anyone can be a notary public.
Fact: Qualifications vary by state, but typically, an individual must meet the following requirements to be eligible to become a notary:
- At least 18 years old
- A legal resident of the state
- No criminal record
Fiction – A notary public cannot deny service.
Fact – A notary may refuse to notarize a document for the following reasons:
- Cannot verify the signer’s identity
- Has reason to believe the signer is under duress
- Cannot confirm the signer is willing
- Has a valid reason to suspect fraud
However, notaries cannot refuse service based on ethnicity, religion, nationality, lifestyle, or refuse to notarize documents for people who are not customers.
Fiction – I can get advice and help preparing my documents from a notary.
Fact: Notaries are prohibited from giving legal advice to signers or acting as a legal advisor unless he or she is also an attorney.
Fiction – Fees are determined by the individual notary public.
Fact – Notary fees are usually set by state law, and the charges vary by state. The only exception is for a mobile notary, who may charge an additional fee for traveling. Traveling fees are not regulated by the state.
Fiction – A “Notario publico” is the same as “notary public.”
Fact: A notario publico is NOT the same as a notary public. In Latin America, a notario publico is a high-ranking official, like a judge or an attorney, whereas in the U.S., a notary public cannot prepare legal documents or give legal advice.
When you find yourself in need of notary service, there are certain steps you can take to prepare for your appointment. Most AIM Mail Center locations offer the services of a commissioned and insured Notary Public. Notary services are usually available during store business hours, and some locations offer mobile Notary services. If you need to get documents notarized, visit our Store Locator to find the AIM Mail Center nearest you.
Source: National Notary Association
