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.
Loan documents including
deeds,
affidavits,
contracts, and
powers of attorney are very common documents needing notarization.
Code of Hammurabi Law 122 (c. 1755–1750 BCE) stipulated that a
depositor of
gold,
silver, or other
chattel/movable property for safekeeping must present all articles and a signed
contract of
bailment to a notary before depositing the articles with a
banker, and Law 123 stipulated that a banker was discharged of any
liability from a contract of bailment if the notary denied the existence of the contract. Law 124 stipulated that a depositor with a
notarized contract of bailment was entitled to
redeem the value of their deposit. To "notarize" a document or event is not a
term of art, and its definition varies from place to place; but it generally means the performance by a notary of a series of possible steps, which may include the following (not an exhaustive list): •
Identifying the person appearing before the notary through personal acquaintance or by reference to significant proofs of identity including
passport,
driving license, etc. • Where
land titles are involved or significant rights may accrue by reference to the identity,
signatures may also be verified, recorded and compared. • Recording the proof of identity in the notarial register or protocol. • Satisfying the notary that the person appearing is of full age and capacity to do whatever is intended. • Taking an
affidavit or declaration and recording that fact. • Taking detailed instructions for a protest of a
bill of exchange or a ship's protest and preparing it. • Recording the signature of the person in the register or protocol. • Taking an acknowledgment (in the United States) of execution of a document and preparing a certificate of acknowledgement. • Preparing a notarial certificate (in most other jurisdictions) as to the execution or other step. •
Sealing or stamping and signing the document. • Recording all steps in the register or protocol. • Delivering the completed original to the person appearing. • In some cases, retaining a copy of the document in the register or protocol. • Charging the person appearing a fee for the service.
Common law vs. civil law notaries Most
common law systems have what is called in the United States a
notary public, a public official who notarizes legal documents and who can also administer and take oaths and affirmations, among other tasks. Although notaries public are public officials, they are not paid by the government; they may obtain income by charging fees, provide free services in connection with other employment (for example, bank employees), or provide free services for the public good. In the United States (except
Puerto Rico), any person – lawyer or otherwise – may be commissioned as a notary. Most
civil law-based systems (including
Puerto Rico and
Quebec) have the
civil law notary, a legal professional performing many more functions than a common-law notary public. They are qualified lawyers who provide many of the same services as common-law attorneys/solicitors (negotiation and drafting of contracts, legal advice, settlement of estates, creation of a company and its status, writing of wills and power of attorney, interpretation of the law, mediation, etc.) except any involvement in disputes to be presented before a court. In the United States, a
signing agent, also known as a loan signing agent, is a notary public who specializes in notarizing mortgage and real estate documents. Notaries in civil law jurisdictions are specialized in all matters relating to real estate, completing title exams in order to confirm the ownership of the property, the existence of any encumbrances such as easements or mortgages and
hypothecs. Often, in the case of lawyer notaries, the certificate to be provided will not require the person appearing to sign. Examples are
certificates authenticating copies and certificates as to law, such as certificates as to the capacity of a company to perform certain acts, or explaining probate law in the place. == Online systems ==