Notary public

A notary public (a.k.a. notary or public notary; pl. notaries public) of the common law is a
public officer constituted by law to serve the public in non-contentious matters usually
concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign
and international business. A notary's main functions are to validate the signature of a person
(for purposes of signing a document); administer oaths and affirmations; take affidavits and
statutory declarations, including from witnesses; authenticate the execution of certain
classes of documents; take acknowledgments (e.g., of deeds and other conveyances);
protest notes and bills of exchange; provide notice of foreign drafts; prepare marine or ship's
protests in cases of damage; provide exemplifications and notarial copies; and, to perform
certain other official acts depending on the jurisdiction.[1] Such transactions are known as
notarial acts, or more commonly, notarizations. The term notary public only refers to
common-law notaries and should not be confused with civil-law notaries.[2]

An embossed foil Notary Seal from the State of New York

With the exceptions of Louisiana, Puerto Rico, Quebec (whose private law is based on civil
law), and British Columbia (whose notarial tradition stems from scrivener notary practice), a
notary public in the rest of the United States and most of Canada has powers that are far
more limited than those of civil-law or other common-law notaries, both of whom are
qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or
lawyer notaries. Therefore, at common law, notarial service is distinctly different from the
practice of law, and giving legal advice and preparing legal instruments is forbidden to lay
notaries such as those appointed throughout most of the United States. Despite these
distinctions, lawyers in the United States may apply to become notaries, and this class of
notary is allowed to provide legal advice, such as determining the type of act required
(affidavit, acknowledgment, etc.).

Overview

Notaries are appointed by a government authority, such as a court, governor or lieutenant

governor, or by a regulating body often known as a society or faculty of notaries public. For
lawyer notaries, an appointment may be for life, while lay notaries are usually commissioned
for a briefer term (often 3 to 5 years in the U.S.), with the possibility of renewal.

In most common law countries, appointments and their number for a given notarial district
are highly regulated. However, since the majority of American notaries are lay persons who
provide officially required services, commission numbers are not regulated, which is part of
the reason why there are far more notaries in the United States than in other countries (4.5
million[3] vs. approx. 740 in England and Wales and approx. 1,250 in Australia and New
Zealand). Furthermore, all U.S. and some Canadian notarial functions are applied to domestic
affairs and documents, where fully systematized attestations of signatures and
acknowledgment of deeds are a universal requirement for document authentication. In the
U.S., notaries public do not authenticate documents in a traditional sense: instead, they
authenticate that the signature(s) on a document belongs to the person(s) claiming to be the
signer(s), thus ensuring trust among interested parties. By contrast, outside North American
common law jurisdictions, notarial practice is restricted to international legal matters or
where a foreign jurisdiction is involved,[4] and almost all notaries are also qualified lawyers.

For the purposes of authentication, most countries require commercial or personal

documents which originate from or are signed in another country to be notarized before they
can be used or officially recorded or before they can have any legal effect. To these
documents a notary affixes a notarial certificate–a separate document stating the notarial
act performed and upon which the party(ies) and notary sign–which attests to the execution
of the document, usually by the person who appears before the notary, known as an appearer
or constituent (U.S.). In the U.S., many documents include the notarial wording within the
document, thus eliminating the need for an additional page for the certificate only (i.e., the
document is signed and notarized, including application of the Notary’s seal). In cases where
notaries are also lawyers, such a notary may also draft legal instruments known as notarial
acts or deeds which have probative value and executory force, as they do in civil law
jurisdictions. Originals or secondary originals are then filed and stored in the notary's
archives, or protocol. As noted, lay notaries public in the U.S. are forbidden to advise signers
as to which type of act suits the signer’s situation: instead, the signer must provide the
certificate/wording that is appropriate.

Notaries are generally required to undergo special training in the performance of their duties,
often culminating in an examination and ongoing education/re-examination upon
commission renewal. Some must also first serve as an apprentice before being
commissioned or licensed to practice their profession. In some countries, even licensed
lawyers, e.g., barristers or solicitors, must follow a prescribed specialized course of study and
be mentored for two years before being allowed to practice as a notary (e.g., British
Columbia, England). However, notaries public in the U.S., of which the vast majority are lay
people, require only a brief training seminar and are expressly forbidden to engage in any
activities that could be construed as the unlicensed practice of law unless they are also
qualified attorneys. That said, even lay notaries public must know all applicable laws in their
jurisdiction (e.g., state) to practice, and a commission could be revoked for a single deviation
from such laws. Notarial practice is universally considered to be distinct and separate from
that of an attorney (solicitor/barrister). In England and Wales, there is a course of study for
notaries which is conducted under the auspices of the University of Cambridge and the
Society of Notaries of England and Wales. In the State of Victoria, Australia, applicants for
appointment must first complete a Graduate Diploma of Notarial Practice which is
administered by the Sir Zelman Cowen Centre in Victoria University, Melbourne. The United
States is a notable exception to these practices: lawyer-notaries need only be approved by
their jurisdiction and possibly by a local court or bar association.

In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a
legal profession with educational requirements similar to those for attorneys. Many even
have institutes of higher learning that offer degrees in notarial law. Therefore, despite their
name, "notaries public" in these jurisdictions are in effect civil law notaries.

History
Notaries public (also called "notaries", "notarial officers", or "public notaries") hold an office
that can trace its origins back to the ancient Roman Republic, when they were called scribae
("scribes"), tabelliones forenses, or personae publicae.[5]

The history of notaries is set out in detail in Chapter 1 of Brooke's Notary (13th edition):[6]

The office of a public notary is a public office. It has a long and

distinguished history. The office has its origin in the civil institutions
of ancient Rome. Public officials, called scribae, that is to say, scribes,
rose in rank from being mere recorders of facts and judicial
proceedings, copiers and transcribers to a learned profession
prominent in private and public affairs. Some were permanent
officials attached to the Senate and courts of law whose duties were
to record public proceedings, transcribe state papers, supply
magistrates with legal forms, and register the decrees and judgments
of magistrates.

In the last century of the Republic, probably in the time of Cicero,

and apparently by his adoptive son Marcus Tullius Tiro, after whom
they were named 'notae Tironianae' a new form of shorthand was
invented and certain arbitrary marks and signs, called notae, were
substituted for words in common use. A writer who adopted the new
method was called a notarius. Originally, a notary was one who took
down statements in shorthand using these notes, and wrote them
out in the form of memoranda or minutes. Later, the title notarius
was applied almost exclusively to registrars attached to high
government officials, including provincial governors and secretaries
to the Emperor.

Notwithstanding the collapse of the Western Empire in the 5th

century AD, the notary remained a figure of some importance in
many parts of continental Europe throughout the Dark Ages. When
the civil law experienced its renaissance in medieval Italy from the
12th century onwards, the notary was established as a central
institution of that law, a position which still exists in countries
whose legal systems are derived from the civil law, including most of
Europe and South America. The office of notary reached its apogee
 in the Italian city of Bologna in the twelfth century, its most
distinguished scion being Rolandino Passeggeri generally known as
Rolandino of Bologna, who died in 1300 AD, whose masterwork was
the Summa Artis Notariae.

The separate development of the common law in England, free from

most of the influences of Roman law, meant that notaries were not
introduced into England until later in the 13th and 14th centuries. At
first, notaries in England were appointed by the Papal Legate. In
1279 the Archbishop of Canterbury was authorized by the Pope to
appoint notaries. Not surprisingly, in those early days, many of the
notaries were members of the clergy. In the course of time, members
of the clergy ceased to take part in secular business and laymen,
especially in towns and trading centers, began to assume the official
character and functions of a modern common law notary.

The Reformation produced no material change in the position and

functions of notaries in England. However, in 1533 the enactment of
"the Act Concerning Peter's Pence and Dispensations" (the
Ecclesiastical Licences Act 1533) terminated the power of the Pope to
appoint notaries and vested that power in the King who then
transferred it to the Archbishop of Canterbury who in turn assigned
it to the Court of Faculties and the Master of the Faculties.

Traditionally, notaries recorded matters of judicial importance as

well as private transactions or events where an officially
authenticated record or a document drawn up with professional
skill or knowledge was required.

A collection of articles on notary history, including Ancient Egypt, Phoenicia, Babylonia, Rome,
Greece, medieval Europe, the Renaissance, Columbus, Spanish Conquistadors, French
Louisiana, New England colonial notaries, Republic of Texas notaries and Colorado Old West
notaries, is available in the notary history section of the Colorado Notary Blog (http://abclegal
docs.com/blog-Colorado-Notary/) at the following link.[7]

Common law jurisdictions

The duties and functions of notaries public are described in Brooke's Notary on page 19 in
these terms:

Generally speaking, a notary public [...] may be described as an

officer of the law [...] whose public office and duty it is to draw, attest
or certify under his/her official seal deeds and other documents,
including wills or other testamentary documents, conveyances of
real and personal property and powers of attorney; to authenticate
such documents under his signature and official seal in such a
manner as to render them acceptable, as proof of the matters
attested by him, to the judicial or other public authorities in the
country where they are to be used, whether by means of issuing a
notarial certificate as to the due execution of such documents or by
drawing them in the form of public instruments; to keep a protocol
containing originals of all instruments which he makes in the public
form and to issue authentic copies of such instruments; to
administer oaths and declarations for use in proceedings [...] to note
or certify transactions relating to negotiable instruments, and to
draw up protests or other formal papers relating to occurrences on
the voyages of ships and their navigation as well as the carriage of
cargo in ships." [Footnotes omitted.]

A notary, in almost all common law jurisdictions other than most of North America, is a
practitioner trained in the drafting and execution of legal documents. Historically, notaries
recorded matters of judicial importance in addition to private transactions or events where an
officially authenticated record or a document drawn up with professional skill or knowledge
was required. The functions of notaries specifically include the preparation of certain types of
documents (including international contracts, deeds, wills, and powers of attorney) and
certification of their due execution, administering of oaths, witnessing affidavits and
statutory declarations, certification of copy documents, noting and protesting of bills of
exchange, and the preparation of ships' protests.
An example of a notarized acknowledgment

Documents certified by notaries are sealed with the notary's seal (which may be a traditional
embossed marking or a modern stamp) and are often, as a matter of best practice or else
jurisdictional law, recorded by the notary in a register (also called a "protocol") maintained
and permanently kept by him or her. The use of a seal by definition means a "notarial act" was
performed. In countries subscribing to the Hague Convention Abolishing the Requirement of
Legalization for Foreign Public Documents or Apostille Convention, additional steps are
required for use of documents across international borders. Some documents must be
notarized locally and then sealed by the regulating authority (e.g., in the U.S., the Secretary of
State of the state in which the notary is commissioned)–sometimes, documents may skip
directly to this level–and then a final act of certification is required, known as an apostille.
The apostille is issued by a government department (usually the Foreign Affairs Department;
the Department of State in the U.S.; or similar). For countries which are not subscribers to
that convention, an "authentication" or "legalization" must be provided by one of a number of
methods, including by the Foreign Affairs Ministry of the country from which the document is
being sent or the embassy, Consulate-General, consulate or High Commission of the country
to which it is being sent.

Information on individual countries

Australia

In all Australian states and territories (except Queensland) notaries public are appointed by
the Supreme Court of the relevant state or territory. Very few have been appointed as a notary
for more than one state or territory.

Queensland, like New Zealand, continues the practice of appointment by the Archbishop of
Canterbury acting through the Master of the Faculties.[8]

Australian notaries are lawyers and are members of the Australian and New Zealand College
of Notaries, the Society of Notaries of New South Wales Inc., the Public Notaries Society of
Western Australia Inc, and other state-based societies. The overall number of lawyers who
choose to become a notary is relatively low. For example, in South Australia (a state with a
population of 1.5 million), of the over 2,500 lawyers in that state only about 100 are also
notaries and most of those do not actively practice as such. In Melbourne, Victoria, in 2002
there were only 66 notaries for a city with a population of 3.5 million and only 90 for the entire
state. In Western Australia, there are approximately 58 notaries as at 2017 for a city with a
population of 2.07 million people. Compare this with the United States where it has been
estimated that there are nearly 5 million notaries for a nation with a population of 296 million.

As Justice Debelle of the Supreme Court of South Australia said in the case of In The Matter
of an Application by Marilyn Reys Bos to be a Public Notary [2003] SASC 320, delivered 12
September 2003,[9] in refusing the application by a non-lawyer for appointment as a notary:

As a general rule, an applicant [for appointment as a notary] should

be a legal practitioner of several years standing at least. Even a
cursory perusal of texts on the duties and functions of a public
notary demonstrates that a number of those functions and duties
require at the very least a sound working knowledge of Australian
law and commercial practice. In other words, the preparation of a
notarial act plainly requires a sound knowledge of law and practice
in Australia especially of the due preparation and execution of
commercial and contractual instruments. It is essential that notaries
in this state have a sufficient level of training, qualification and
status to enable them efficiently and effectively to discharge the
functions of the office.

Historically there have been some very rare examples of patent attorneys or accountants
being appointed, but that now seems to have ceased.

However, there are three significant differences between notaries and other lawyers.

the duty of a notary is to the transaction as a whole, and not just to one of the parties. In
certain circumstances a notary may act for both parties to a transaction as long as there is
no conflict between them, and in such cases it is their duty is to ensure that the transaction
that they conclude is fair to both sides.

a notary will often need to place and complete a special clause onto or attach a special
page (known as an eschatocol) to a document in order to make it valid for use overseas.

In the case of some documents which are to be used in some foreign countries it may also
be necessary to obtain another certificate known either as an "authentication" or an
"apostille" (see above) (depending on the relevant foreign country) from the Department of
Foreign Affairs and Trade.

a notary identifies themselves on documents by the use of their individual seal. Such seals
have historical origins and are regarded by most other countries as of great importance for
establishing the authenticity of a document.
Their principal duties include:

1. attestation of documents and certification of their due execution for use internationally

2. preparation and certification of powers of attorney, wills, deeds, contracts and other
legal documents for use internationally

3. administering of oaths for use internationally

4. witnessing affidavits, statutory declarations and other documents for use internationally

5. certification of copy documents for use internationally

6. exemplification of official documents for use internationally

7. noting and protesting of bills of exchange (which is rarely performed)

8. preparation of ships' protests

9. providing certificates as to Australian law and legal practice for use internationally

It is usual for Australian notaries to use an embossed seal with a red wafer, and now some
notaries also use an inked stamp replicating the seal. It is also common for the seal or stamp
to include the notary's chosen logo or symbol.

In South Australia and Scotland, it is acceptable for a notary to use the letters "NP" after their
name. Thus a South Australian notary may have "John Smith LLB NP" or similar on his
business card or letterhead.

Australian notaries do not hold "commissions" which can expire. Generally, once appointed
they are authorized to act as a notary for life and can only be "struck off" the Roll of Notaries
for proven misconduct. In certain states, for example, New South Wales and Victoria, they
cease to be qualified to continue as a notary once they cease to hold a practicing certificate
as a legal practitioner. Even judges, who do not hold practicing certificates, are not eligible to
continue to practice as notaries.

Notaries in some states of Australia are regulated by legislation. In New South Wales the
Public Notaries Act 1997 (http://legislation.nsw.gov.au/maintop/view/inforce/act+98+1997+
cd+0+N) applies and in Victoria the Public Notaries Act 2001 (http://www.legislation.vic.go
v.au/domino/Web_Notes/LDMS/PubLawToday.nsf/imgPDF) applies.

There are also Notary Societies throughout Australia and the societies keep a searchable list
of their members. In New South Wales, The Society of Notaries of New South Wales Inc. (htt
p://notarynsw.org.au/) ; in Queensland The Society of Notaries Queensland Inc. (http://www.
societyofnotaries-qld.org/) ; in South Australia the Notaries' Society of South Australia Inc.
(http://notaries-sa.org.au/) and in Victoria, The Society of Notaries of Victoria Inc. (http://w
ww.notaries.org.au/) .

Notaries collecting information for the purposes of verification of the signature of the
deponent might retain the details of documents which identify the deponent, and this
information is subject to the Privacy Act 1988. A notary must protect the personal
information the notary holds from misuse and loss and from unauthorised access,
modification or disclosure.

All Australian jurisdictions also have justices of the peace (JP) or commissioners for
affidavits and other unqualified persons who are qualified to take affidavits or statutory
declarations and to certify documents. However they can only do so if the relevant affidavit,
statutory declaration or copy document is to be used only in Australia and not in a foreign
country, with the possible exception of a few Commonwealth countries not including the
United Kingdom or New Zealand except for very limited purposes. Justices of the peace
(JPs) are (usually) laypersons who have minimal, if any, training (depending on the
jurisdiction) but are of proven good character. Therefore, a US notary resembles an Australian
JP rather than an Australian notary.

Canada

Canadian notaries public (except in the Province of British Columbia and Quebec) are very
much like their American counterparts, generally restricted to administering oaths,
witnessing signatures on affidavits and statutory declarations, providing acknowledgements,
certifying true copies, and so forth.

British Columbia

In British Columbia, a notary public is more like a British or Australian notary. Notaries are
appointed for life by the Supreme Court of British Columbia and as a self-regulating
profession, the Society of Notaries Public of British Columbia is the regulatory body
overseeing and setting standards to maintain public confidence.[10] A BC notary is also a
commissioner for taking affidavits for British Columbia, by reason of office. Furthermore, BC
notaries exercise far greater power, able to dispense legal advice and draft public
instruments including:

Notarization – notarizations/attestations of signatures, affidavits, statutory declarations,

certified true copies, letters of invitation for foreign travel, authorization of minor child
travel, execution/authentications of international documents, passport application
documentation, proof of identity for travel purposes
 Real estate law – home purchase/sale; business purchase/sale; mortgages and
refinancing; residential, commercial, & manufactures home transfer of title; restrictive
covenants & builder's liens

Wills & estate planning – preparation and searches of last wills and testaments, advance
directives, representation agreements & power of attorney

Contract law – preparation of contracts and agreements, commercial lease and

assignments

easements and right of way

insurance loss declarations

marine bills of sale & mortgages

marine protestations

personal property security agreements

purchaser's side for foreclosures

subdivisions & statutory building schemes

zoning applications
Nova Scotia

In Nova Scotia a person may be a notary public, a commissioner of oaths, or both. A notary
public and a commissioner of oaths are regulated by the provincial Notaries and
Commissioners Act.[11] Individuals hold a commission granted to them by the Minister of
Justice.

Under the Act a notary public in has the "power of drawing, passing, keeping and issuing all
deeds and contracts, charter-parties and other mercantile transactions in this Province, and
also of attesting all commercial instruments brought before him for public protestation, and
otherwise of acting as is usual in the office of notary, and may demand, receive and have all
the rights, profits and emoluments rightfully appertaining and belonging to the said calling of
notary during pleasure."[11]

Under the Act a commissioner of oaths is "authorized to administer oaths and take and
receive affidavits, declarations and affirmations within the Province in and concerning any
cause, matter or thing, depending or to be had in the Supreme Court, or any other court in the
Province."[11]

Every barrister of the Supreme Court of Nova Scotia is a commissioner of oaths but must
receive an additional commission to act as a notary public.
"A Commissioner of Oaths is deemed to be an officer of the Supreme Court of Nova Scotia.
Commissioners take declarations concerning any matter to come before a court in the
Province.".[12] Additionally, individuals with other specific qualifications, such as being a
current Member of the Legislative Assembly, commissioned officer of the Royal Canadian
Mounted Police or Canadian Forces make act as if explicitly being a commissioner of oaths.

Quebec

In Quebec, civil-law notaries (notaires) are full lawyers licensed to practice notarial law and
regulated by the Chamber of Notaries of Quebec. Quebec notaries draft and prepare major
legal instruments (notarial acts), provide complex legal advice, represent clients (out of
court) and make appearances on their behalf, act as arbitrator, mediator, or conciliator, and
even act as a court commissioner in non-contentious matters.[13] To become a notary in
Quebec, a candidate must hold a bachelor's degree in civil law and a one-year Master's in
notarial law[14] and serve a traineeship (stage) before being admitted to practice.

The concept of notaries public in Quebec does not exist. Instead, the province has
Commissioners of Oaths (Commissaires à l'assermentation) who may administer oaths in
Québec (and outside of Québec, if authorized) for a procedure or a document intended for
Québec (or Federal matters). A Quebec commissioner for oaths can not certify documents or
attest that a copy of a document is in accordance to the original; only a notaire can do it.

India

The central government appoints notaries for the whole or any part of the country. State
governments, too, appoint notaries for the whole or any part of the states. On an application
being made, any person who had been practicing as a Lawyer for at least ten years is eligible
to be appointed a notary. The applicant, if not a legal practitioner, should be a member of the
Indian Legal Service or have held an office under the central or state government, requiring
special knowledge of law, after enrollment as an advocate or held an office in the department
of Judge, Advocate-General or in the armed forces.[15][16]

Iran

Notary public is a trained lawyer that should pass some special examinations to be able to
open their office and start their work. Persian meaning of this word is ‫ سردفتر‬means head of
the office and their assistant called ‫دفتریار‬. Both these persons should have bachelor's degree
in law or master's degree in civil-law.
Ireland

Plaque with the arms of the Faculty of Notaries Public in Ireland

There is archival evidence showing that public notaries, acting pursuant to papal and imperial
authority, practised in Ireland in the 13th century, and it is reasonable to assume that notaries
functioned here before that time. In Ireland, public notaries were at various times appointed
by the Archbishop of Canterbury and the Archbishop of Armagh. The position remained so
until the Reformation.

After the Reformation, persons appointed to the office of public notary either in Great Britain
or Ireland received the faculty by royal authority, and appointments under faculty from the
Pope and the emperor ceased.

In 1871, under the Matrimonial Causes and Marriage Law (Ireland) Amendment 1870, the
jurisdiction previously exercised by the Archbishop of Armagh in the appointment of notaries
was vested in and became exercisable by the Lord Chancellor of Ireland.

In 1920, the power to appoint notaries public was transferred to the Lord Lieutenant of
Ireland. The position in Ireland changed once again in 1924 following the establishment of
the Irish Free State. Under the Courts of Justice Act, 1924 the jurisdiction over notaries public
was transferred to the Chief Justice of the Irish Free State.

In 1961, under the Courts (Supplemental Provisions) Act of that year, and the power to
appoint notaries public became exercisable by the Chief Justice. This remains the position in
Ireland, where notaries are appointed on petition to the Supreme Court, after passing
prescribed examinations. The governing body is the Faculty of Notaries Public in Ireland. The
vast majority of notaries in Ireland are also solicitors. A non-solicitor, who was successful in
the examinations as set by the governing body, applied in the standard way to the Chief
Justice to be appointed a notary public. The Chief Justice heard the adjourned application on
3 March 2009 and appointed the non-solicitor as a notary on 18 July 2011.[17]

In Ireland notaries public cannot agree on a standard fee due to competition law. In practice
the price per signature appears to be €100. A cheaper alternative is to visit a commissioner
for oaths who will charge less per signature, but that is only possible where whoever is to
receive a document will recognize the signature of a commissioner for oaths.

Malaysia

A notary public is a lawyer authorized by the Attorney General.[18] The fees are regulated by
the Notary Public (Fees) Rules 1954.

A commissioner for oaths is a person appointed by the Chief Justice under section 11 of
Court of Judicature Act 1964, and Commissioners for Oaths Rules 1993.[19]

New Zealand

A notary public in New Zealand is a lawyer authorised by the Archbishop of Canterbury in

England to officially witness signatures on legal documents, collect sworn statements,
administer oaths and certify the authenticity of legal documents usually for use overseas.[20]

The Master of the Faculties appoints notaries in the exercise of the general authorities
granted by s 3 of the Ecclesiastical Licences Act 1533 and Public Notaries Act 1833.
Recommendations are made by the New Zealand Society of Notaries, which normally
requires and applicant to have 10 years' experience post admission as a lawyer and 5 years
as a Law Firm Partner or equivalent.[21]

Sri Lanka

Notaries in Sri Lanka are more akin to civil law notaries, their main functions are
conveyancing, drafting of legal instruments, etc. They are appointed under the Notaries
Ordinance No 1 of 1907.[22] They must pass exam held by the Ministry of Justice and
apprentice under senior notary for a period of two years. Alternatively, attorneys at law who
pass the conveyancing exam are also admitted as a notary public under warrant of the
Minister. The Minister of Justice may appoint any attorney at law as a commissioner for
oaths, authorized to certify and authenticate the affidavit/documents and any such other
certificates that are submitted by the general public with the intention of certifying by the
commissioner for oath.
United Kingdom

England and Wales

After the passage of the Ecclesiastical Licences Act 1533, which was a direct result of the
Reformation in England, all notary appointments were issued directly through the Court of
Faculties. The Court of Faculties is attached to the office of the Archbishop of Canterbury.

In England and Wales there are two main classes of notaries – general notaries and scrivener
notaries. Their functions are almost identical. All notaries, like solicitors, barristers, legal
executives, costs lawyers and licensed conveyancers, are also commissioners for oaths.
They also acquire the same powers as solicitors and other law practitioners, with the
exception of the right to represent others before the courts (unless also members of the bar
or admitted as a solicitor) once they are commissioned notaries. In practice almost all
English notaries, and all Scottish ones, are also solicitors, and usually practise as
solicitors.[23]

Commissioners of oaths are able to undertake the bulk of routine domestic attestation work
within the UK. Many documents, including signatures for normal property transactions, do
not need professional attestation of signature at all, a lay witness being sufficient.

In practice the need for notaries in purely English legal matters is very small; for example they
are not involved in normal property transactions. Since a great many solicitors also perform
the function of commissioners for oaths and can witness routine declarations etc. (all are
qualified to do so, but not all offer the service), most work performed by notaries relates to
international matters in some way. They witness or authenticate documents to be used
abroad. Many English notaries have strong foreign language skills and often a foreign legal
qualification. The work of notaries and solicitors in England is separate although most
notaries are solicitors.[24] The Notaries Society (http://www.thenotariessociety.org.uk/)
gives the number of notaries in England and Wales as "about 1,000," all but seventy of whom
are solicitors.

Scrivener notaries get their name from the Scriveners' Company. Until 1999, when they lost
this monopoly, they were the only notaries permitted to practise in the City of London. They
used not to have to first qualify as solicitors, but they had knowledge of foreign laws and
languages.

Currently to qualify as a notary public in England and Wales it is necessary to have earned a
law degree or qualified as a solicitor or barrister in the past five years, and then to take a two-
year distance-learning course styled the Postgraduate Diploma in Notarial Practice. At the
same time, any applicant must also gain practical experience. The few who go on to become
scrivener notaries require further study of two foreign languages and foreign law and a two-
year mentorship under an active Scrivener notary.

The other notaries in England are either ecclesiastical notaries whose functions are limited to
the affairs of the Church of England or other qualified persons who are not trained as
solicitors or barristers but satisfy the Master of the Faculties of the Archbishop of Canterbury
that they possess an adequate understanding of the law. Both the latter two categories are
required to pass examinations set by the Master of Faculties.

The regulation of notaries was modernised by section 57 of the Courts and Legal Services
Act 1990.

Notarial services generally include:

attesting the signature and execution of documents

authenticating the execution of documents

authenticating the contents of documents

administration of oaths and declarations

drawing up or noting (and extending) protests of happenings to ships, crews and cargoes

presenting bills of exchange for acceptance and payment, noting and protesting bills in
cases of dishonour and preparing acts of honour

attending upon the drawing up of bonds

drawing mercantile documents, deeds, sales or purchases of property, and wills in English
and (via translation), in foreign languages for use in Britain, the Commonwealth and other
foreign countries

providing documents to deal with the administration of the estate of people who are
abroad, or own property abroad

authenticating personal documents and information for immigration or emigration

purposes, or to apply to marry, divorce, adopt children[25] or to work abroad

verification of translations from foreign languages to English and vice versa

taking evidence in England and Wales as a commissioner for oaths for foreign courts

provision of notarial copies

preparing and witnessing powers of attorney, corporate records, contracts for use in Britain
or overseas

authenticating company and business documents and transactions

 international Internet domain name transfers
Scotland

Notaries public have existed in Scotland since the 13th century and developed as a distinct
element of the Scottish legal profession. Those who wish to practice as a notary must
petition the Court of Session. This petition is usually presented at the same time as a petition
to practice as a solicitor, but can sometimes be earlier or later. However, to qualify, a notary
must hold a current Practising Certificate from the Law Society of Scotland, a new
requirement from 2007, before which all Scottish solicitors were automatically notaries.

Whilst notaries in Scotland are always solicitors, the profession remains separate in that
there are additional rules and regulations governing notaries and it is possible to be a
solicitor, but not a notary. Since 2007 an additional Practising Certificate is required, so now
most, but not all, solicitors in Scotland are notaries – a significant difference from the English
profession. They are also separate from notaries in other jurisdictions of the United
Kingdom.[26]

The profession is administered by the Council of the Law Society of Scotland under the Law
Reform (Miscellaneous Provisions) (Scotland) Act 1990.

In Scotland, the duties and services provided by the notary are similar to England and Wales,
although they are needed for some declarations in divorce matters for which they are not in
England. Their role declined following the Law Agents (Scotland) Amendment Act 1896
which stipulated only enrolled law agents could become notaries and the Conveyancing
(Scotland) Act 1924 which extended notarial execution to law agents. The primary
functions[27] of a Scottish notary are:

oaths, affidavits, and affirmations

affidavits in undefended divorces and for matrimonial homes

maritime protests

execution or certification for foreign jurisdictions, e.g., estates, court actions, powers of
attorney, etc.

notarial execution for the blind or illiterate

entry of a person to overseas territories

completion of the documentation required for the registration of a company in certain

foreign jurisdictions; and

drawing for repayment of Bonds of Debenture

United States
In the United States, a notary public is a person appointed by a state government (e.g., the
governor, lieutenant governor, court of common pleas, or in some cases the state legislature).
Most states then issue commissions, only after successful appointment, via the Secretary of
State’s office. The actively commissioned notary’s primary role is to serve the public as an
impartial witness when important documents are signed. Since the notary is a state officer, a
notary's duties may vary widely from state to state and in most cases bars a notary from
acting outside their home state unless they also have a commission there as well. Likewise,
as a public official, notaries generally must perform legal acts to any requesting party: in
other words, notaries, being public officers, cannot turn down a request except in limited
circumstances, such as failure to pay (if charging a fee), suspected fraud or coercion, etc.

In 32 states, the main requirements to earn a commission are to fill out a form and pay a fee;
further, many states have restrictions concerning notaries with criminal histories and thus
require a comprehensive criminal background check (at the proposed notary’s own cost),
including at renewal. However, the requirements vary from state to state. Notaries in 18
states and the District of Columbia are required to take a course, pass an exam, or both. The
education or exam requirements in Delaware and Kansas only apply to notaries who will
perform electronic notarizations.[28]

A notary is almost always permitted to notarize a document anywhere in the state where their
commission is issued even though commissions are typically issued to the county where the
notary resides (not works). However, notaries are typically prohibited via their home state’s
(and often a “foreign” state’s) laws from performing acts outside of the state(s) where
commissioned. That said, notaries can typically perform acts for out-of-state visitors, as long
as the notary is within their own state’s boundaries. Additionally, some states simply issue a
commission "at large" meaning no indication is made as to from what county the person's
commission was issued, but some states do require the notary include the county of issue of
their commission as part of the jurat/notarial acts, or where seals are required, to indicate the
county of issue of their commission on the seal. Merely because a state requires indicating
the county where the commission was issued does not necessarily mean that the notary is
restricted to notarizing documents in that county, although some states may impose this as a
requirement.

Some states (Montana, Wyoming, North Dakota, among others) allow a notary who is
commissioned in a state bordering that state to also act as a notary in the state if the other
allows the same. Thus, someone who was commissioned in Montana could notarize
documents in Wyoming and North Dakota, and a notary commissioned in Wyoming could
notarize documents in Montana. A notary from Wyoming could not notarize documents while
in North Dakota (or the inverse) unless they had a commission from North Dakota or a state
bordering North Dakota that also allowed North Dakota notaries to practice in that state as
well.

Notaries in the United States are much less closely regulated than notaries in most other
common-law countries, typically because U.S. notaries have little legal authority. In the United
States, a lay notary may not offer legal advice or prepare documents–except in Louisiana and
Puerto Rico–and in most cases cannot recommend how a person should sign a document or
what type of notarial act is necessary. There are some exceptions; for example, Florida
notaries may take affidavits, draft inventories of safe deposit boxes, draft protests for
payment of dishonored checks and promissory notes, and solemnize marriages. In most
states, a notary can also certify or attest a copy or facsimile. Otherwise, such certification
must be provided by the appropriate regulatory body: for instance, a birth certificate must
often be certified by the state (or local) department of vital statistics or health. Best practices
suggest that notaries should not perform acts related to certified copies of official
documents.

The most common notarial acts in the United States are the taking of acknowledgements
and jurats (which include either an oath or attestation). Many professions may require a
person to double as a notary public. For example, clerks of court and U.S. court reporters are
often notaries because this enables them to swear in witnesses (deponents) when they are
taking depositions. Furthermore, many secretaries, bankers, and some lawyers are commonly
notaries public. Despite their limited role, some American notaries may also perform a
number of far-ranging acts not generally found anywhere else. Depending on the jurisdiction,
they may: take depositions (in OH, a notary can issue a legal warrant to appear for an
individual who refuses to be deposed), certify any and all petitions (ME), witness third-party
absentee ballots (ME), provide no-impediment marriage licenses, solemnize civil marriages
(ME, FL, SC), witness the opening of a safe deposit box or safe and take an official inventory
of its contents (NC),[29][30] take a renunciation of dower or inheritance (SC), and related tasks.

Acknowledgment

"An acknowledgment is a formal [oral] declaration before an authorized public officer, such
as a judge or notary. It is made by a person executing [signing, marking] an instrument who
states that it was their free act and deed." That is, the person signed it without undue
influence and for the purposes detailed in it.[31] It does not testify to the truth of the matter(s)
asserted within the document. A certificate of acknowledgment is a written statement
signed (and in some jurisdictions, sealed) by the notary or other authorized official. This
certificate serves to prove that the acknowledgment occurred. The form of the certificate
varies from jurisdiction to jurisdiction, but will be similar to the following:
 Before me, the undersigned authority, on this ______ day of ___________,
20__ personally appeared _________________________ [signer(s)], to me
well known to be the person who executed the foregoing instrument or
provided satisfactory identification, and he/she acknowledged before
me that he/she executed the same as his/her voluntary act and deed.

Oath, affirmation, and jurat

A jurat is the official written statement by a notary public. It indicates that the notary both
administered and witnessed an oath or affirmation for an oath of office or on an affidavit.
That is, the signer(s) has [verbally] sworn to or affirmed the truth of information contained in
a document, under penalty of perjury, whether that document is a lengthy deposition or a
simple statement on an application form. The simplest form of jurat and the oath or
affirmation administered by a notary are:

Jurat: "Sworn before me this _______ day of ____________, 20__ by

_________________________ [oath-taker(s) and signer(s)]"

Oath [also the typical portion read aloud by the notary for a jurat,
prior to signing]: "Do you solemnly swear that the contents of this
affidavit subscribed by you are correct and true?" [Verbal response;
not written for oaths of office; signed after swearing “yes” for a jurat]

Affirmation (to those who oppose swearing to God [i.e., opposed to

an oath, as in a jurat]): "Do you solemnly, sincerely, and truly declare
and affirm that the statements made by you are true and correct?"
The notarial certificate would thus read: “Affirmed before me this
_______ day of ____________, 20__ by _________________________ [affirming
party(ies) and signer(s)]"

Venue

In the U.S., notarial acts normally include what is called a venue or caption, that is, an official
listing of the place where a notarization occurred, usually in the form of the state and county
and with the abbreviation "ss." (for Latin scilicet, "to wit") normally referred to as a "subscript",
often in these forms:
 State of .......)

State of ________

)ss:

County of _______, to-wit:

County of.......)

The venue is usually set forth at the beginning of the instrument or at the top of the notary's
certificate. If at the head of the document, it is usually referred to as a caption. In times gone
by, the notary would indicate the street address at which the ceremony was performed, and
this practice, though unusual today, is occasionally encountered. Venue is used
contemporarily because it limits fraud by identifying where the act took place, and it further
facilitates finding the notary to examine his/her journal.

Records

The laws throughout the United States vary on the requirement for a notary to keep and
maintain records. Some states require records, some suggest or encourage records, or do
not require or recommend records at all.[32]

States

California

The California Secretary of State, Notary Public & Special Filings Section, is responsible for
appointing and commissioning qualified persons as notaries public for four-year terms.[33]

Prior to sitting for the notary exam (http://notaryeducation.sos.ca.gov/) , one must

complete a mandatory six-hour course of study (http://www.sos.ca.gov/business/notary/che
cklist-complete-approved-education.htm) . This required course of study is conducted either
in an online, home study, or in-person format via an approved notary education vendor (http://
notaryeducation.sos.ca.gov/) .[34] Both prospective notaries as well as current notaries
seeking reappointment must undergo an "expanded" FBI and California Department of
Justice background check.[35]

Various statutes, rules, and regulations govern notaries public. California law sets maximum,
but not minimum, fees for services related to notarial acts (e.g., per signature:
acknowledgment $15, jurat $15, certified power of attorney $15, et cetera)[36] A finger print
(typically the right thumb) may be required in the notary journal based on the transaction in
question (e.g., deed, quitclaim deed, deed of trust affecting real property, power of attorney
document, et cetera). Documents with blank spaces cannot be notarized (a further anti-fraud
measure). California explicitly prohibits notaries public from using literal foreign language
translation of their title.[37]
The use of a notary seal is required.
Colorado

Notarial acts performed in Colorado are governed under the Notaries Public Act, 12-55-101,
et seq. Pursuant to the Act, notaries are appointed by the Secretary of State for a term not to
exceed four years. Notaries may apply for appointment or reappointment online at the
Secretary of State's website.[38] A notary may apply for reappointment to the notary office 90
days before their commission expires. Since May 2010, all new notaries and expired notaries
are required to take an approved training course and pass an examination to ensure minimal
competence of the Notaries Public Act. A course of instruction approved by the Secretary of
State may be administered by approved vendors and shall bear an emblem with a
certification number assigned by the Secretary of State's office. An approved course of
instruction covers relevant provisions of the Colorado Notaries Public Act, the Model Notary
Act, and widely accepted best practices. In addition to courses offered by approved
vendors,[39] the Secretary of State offers free certification courses at the Secretary of State's
office. To sign up for a free course, visit the notary public training page at the following
link.[40] A third party seeking to verify the status of a Colorado notary may do so by visiting
the Secretary of State's website at the following link.[41] Constituents seeking an apostille or
certificate of magistracy are requested to complete the form found on the following page
before sending in their documents or presenting at the Secretary of State's office.[42]

Florida

Florida notaries public are appointed by the governor to serve a four-year term. New
applicants and commissioned notaries public must be bona fide residents of the State of
Florida, and first time applicants must complete a mandatory three-hour education course
administered by an approved educator. Florida state law also requires that a notary public
post bond in the amount of $7,500.00. A bond is required in order to compensate an
individual harmed as a result of a breach of duty by the notary. Applications are submitted
and processed through an authorized bonding agency. Florida is one of three states (Maine
and South Carolina are the others) where a notary public can solemnize the rites of
matrimony (perform a marriage ceremony).[43]

The Florida Department of State appoints civil law notaries, also called "Florida International
Notaries", who must be Florida attorneys who have practiced law for five or more years.
Applicants must attend a seminar and pass an exam administered by the Florida Department
of State or any private vendor approved by the department. Such civil law notaries are
appointed for life and may perform all of the acts of a notary public in addition to preparing
authentic acts.

Illinois
Notaries public in Illinois are appointed by the Secretary of State for a four-year term. Also,
residents of a state bordering Illinois (Iowa, Kentucky, Missouri, Wisconsin) who work or have
a place of business in Illinois can be appointed for a one-year term. Notaries must be United
States citizens (though the requirement that a notary public must be a United States citizen is
unconstitutional; see Bernal v. Fainter), or aliens lawfully admitted for permanent residence;
be able to read and write the English language; be residents of (or employed within) the State
of Illinois for at least 30 days; be at least 18 years old; not be convicted of a felony; and not
had a notary commission revoked or suspended during the past 10 years.[44]

An applicant for the notary public commission must also post a $5,000 bond, usually with an
insurance company and pay an application fee of $10. The application is usually
accompanied with an oath of office. If the Secretary of State's office approves the
application, the Secretary of State then sends the commission to the clerk of the county
where the applicant resides. If the applicant records the commission with the county clerk,
they then receive the commission. Illinois law prohibits notaries from using the literal Spanish
translation in their title and requires them to use a rubber stamp seal for their notarizations.
The notary public can then perform their duties anywhere in the state, as long as the notary
resides (or works or does business) in the county where they were appointed.[45]

Kentucky

A notary public in Kentucky is appointed by either the secretary of state or the governor to
administer oaths and take proof of execution and acknowledgements of instruments.
Notaries public fulfill their duties to deter fraud and ensure proper execution. There are two
separate types of notaries public that are commissioned in Kentucky. They are notary public:
state at large and notary public: special commission. They have two distinct sets of duties
and two different routes of commissioning. For both types of commissions, applicants must
be eighteen (18) years of age, of good moral character (not a convicted felon) and capable of
discharging the duties imposed upon him/her by law. In addition, the application must be
approved by one of the following officials in the county of application: a circuit judge, the
circuit court clerk, the county judge/executive, the county clerk, a county magistrate or
member of the Kentucky General Assembly. The term of office for both types of notary public
is four years.[46]

A notary public: state at large is either a resident or non-resident of Kentucky who is

commissioned to perform notarial acts anywhere within the physical borders of the
Commonwealth of Kentucky that may be recorded either in-state or in another state. In order
to become a notary public: state at large, the applicant must be a resident of the county or be
principally employed in the county from which the application is made. A completed
application is sent to the Secretary of State's office with the required fee. Once the
application is approved by the Secretary of State, the commission is sent to the county clerk
in the county of application and a notice of appointment is sent to the applicant. The
applicant will have thirty days to go to the county clerk's office where they will be required to
1.) Post either a surety or property bond (bonding requirements and amounts vary by county)
2.) Take the Oath/Affirmation of Office and 3.) File and record the commission with the
county clerk.[46]

A notary public: special commission is either a resident or non-resident of Kentucky who is

commissioned to perform notarial acts either inside or outside the borders of the
Commonwealth on documents that must be recorded in Kentucky. The main difference in the
appointment process is that, unlike a notary public: state at large, a notary public: special
commission is not required to post bond before taking the oath/affirmation nor are they
required to be a resident or employed in Kentucky. In addition, where a notary public: state at
large is commissioned directly by the secretary of state, a notary public: special commission
is appointed by the governor on the recommendation of the secretary of state. It is permitted
to hold a commission as both a notary public: state at large and a notary public: special
commission, however separate applications and filing fees are required.[46]

A Kentucky notary public is not required to use a seal or stamp and a notarization with just
the signature of the notary is considered to be valid. It is, however, recommended that a seal
or stamp be used as they may be required on documents recorded or used in another state. If
a seal or stamp is used, it is required to have the name of the notary as listed on their
commission as well as their full title of office (notary public: state at large or notary public:
special commission). A notary journal is also recommended but not required (except in the
case of recording protests, which must be recorded in a well-bound and indexed journal).[46]

Louisiana

Louisiana notaries public are commissioned by the governor with the advice and consent of
the state Senate. They are the only U.S. notaries to be appointed for life. The Louisiana notary
public is a civil law notary with broad powers, as authorized by law, usually reserved for the
American-style combination "barrister/solicitor" lawyers and other legally authorized
practitioners in other states. A commissioned notary in Louisiana is a civil law notary that
can perform/prepare many civil law notarial acts usually associated with attorneys and other
legally authorized practitioners in other states, except represent another person or entity
before a court of law for a fee (unless they are also admitted to the bar). Notaries are not
allowed to give "legal" advice, but they are allowed to give "notarial" advice – i.e., explain or
recommend what documents are needed or required to perform a certain act – and do all
things necessary or incidental to the performance of their civil law notarial duties. They can
prepare any document a civil law notary can prepare (to include inventories, appraisements,
partitions, wills, protests, matrimonial contracts, conveyances, and, generally, all contracts
and instruments in writing) and, if ordered or requested to by a judge, prepare certain notarial
legal documents, in accordance with law, to be returned and filed with that court of law.[47]

Maine

Maine notaries public are appointed by the secretary of state to serve a seven-year term. In
1981, the process to merge the office of justice of the peace into that of notary public began,
with all the duties of a justice of the peace fully transferred to a notary public in 1988.
Because of this, Maine is one of three states (Florida and South Carolina are the others)
where a notary public has the authority to solemnize the rites of matrimony (perform a
marriage ceremony).[48][49]

Maryland

Maryland notaries public are appointed by the governor on the recommendation of the
secretary of state to serve a four-year term. New applicants and commissioned notaries
public must be bona fide residents of the State of Maryland or work in the state. An
application must be approved by a state senator before it is submitted to the secretary of
state. The official document of appointment is imprinted with the signatures of the governor
and the secretary of state as well as the Great Seal of Maryland. Before exercising the duties
of a notary public, an appointee must appear before the clerk of one of Maryland's 24 circuit
courts to take an oath of office.

A bond is not required. Seals are required, and a notary is required to keep a log of all notarial
acts, indicating the name of the person, their address, what type of document is being
notarized, the type of ID used to authenticate them (or that they are known personally) by the
notary, and the person's signature. The notary's log is the only document for which a notary
may write their own certificate.

When having a person make an affidavit, state law requires the person to state the phrase
"under penalty of perjury."

Minnesota

Minnesota notaries public are commissioned by the governor with the advice and consent of
the Senate for a five-year term. All commissions expire on 31 January of the fifth year
following the year of issue. Citizens and resident aliens over the age of 18 years apply to the
Secretary of State for appointment and reappointment. Residents of adjoining counties in
adjoining states may also apply for a notary commission in Minnesota. Notaries public have
the power to administer all oaths required or authorized to be administered in the state; take
and certify all depositions to be used in any of the courts of the state; take and certify all
acknowledgments of deeds, mortgages, liens, powers of attorney and other instruments in
writing or electronic records; and receive, make out and record notarial protests. The
Secretary of State's website ([4] (https://notary.sos.state.mn.us/) ) provides more
information about the duties, requirements and appointments of notaries public.

Montana

Montana notaries public are appointed by the Secretary of State and serve a four-year term. A
Montana notary public has jurisdiction throughout the states of Montana, North Dakota, and
Wyoming. These states permit notaries from neighboring states to act in the state in the
same manner as one from that state under reciprocity, e.g., as long as that state grants
notaries from neighboring states to act in their state. [Montana Code 1-5-605]

Nevada

The Secretary of State is charged with the responsibility of appointing notaries by the
provisions of Chapter 240 of the Nevada Revised Statutes. Nevada notaries public who are
not also practicing attorneys are prohibited by law from using "notario", "notario publico" or
any non-English term to describe their services. (2005 Changes to NRS 240 (http://www.leg.s
tate.nv.us/Statutes/73rd/Stats200501.html#Stats200501page68) )

New Jersey

Notaries are commissioned by the State Treasurer for a period of five years. Notaries must
also be sworn in by the clerk of the county in which they reside. A person can become a
notary in the state of New Jersey if they: (1) are over the age of 18; (2) are a resident of New
Jersey OR is regularly employed in New Jersey and lives in an adjoining state; (3) have never
been convicted of a crime under the laws of any state or the United States, for an offense
involving dishonesty, or a crime of the first or second degree, unless the person has met the
requirements of the Rehabilitated Convicted Offenders Act (N.J.S.A 2A:168-1[50]). Notary
applications must be endorsed by a state legislator (http://www.njleg.state.nj.us/members/le
gsearch.asp) .

Notaries in the state of New Jersey serve as impartial witnesses to the signing of documents,
attests to the signature on the document, and may also administer oaths and affirmations.
Seals are not required; many people prefer them and as a result, most notaries have seals in
addition to stamps. Notaries may administer oaths and affirmations to public officials and
officers of various organizations. They may also administer oaths and affirmations in order to
execute jurats for affidavits/verifications, and to swear in witnesses.[51]

Notaries are prohibited from predating actions; lending notary equipment to someone else
(stamps, seals, journals, etc.); preparing legal documents or giving legal advice; appearing as
a representative of another person in a legal proceeding. Notaries should also refrain from
notarizing documents in which they have a personal interest.

Pursuant to state law, attorneys licensed in New Jersey may administer oaths and
affirmations[52]

New York

New York notaries are empowered to administer oaths and affirmations (including oaths of
office), to take affidavits and depositions, to receive and certify acknowledgments or proofs
(of execution) of deeds, mortgages and powers of attorney and other instruments in writing;
to demand acceptance or payment of foreign and inland bills of exchange, promissory notes
and obligations in writing, and to protest these (that is, certify them) for non-acceptance or
non-payment. Additional powers include required presence at a forced opening of an
abandoned safe deposit box and certain election law privileges regarding petitioning. They
are not authorized to perform a civil marriage ceremony, nor certify "true copies" of certain
publicly recorded documents. Every county clerk's office in New York State (including within
the City of New York) must have a notary public available to serve the public free of charge,
during business hours with no limit on quantity or type of document.[53]

Attorneys admitted to the New York Bar are eligible to apply for and receive an appointment
as a notary public in the State of New York. Nota bene: they are not "automatically" appointed
as a notary public because they are a member of the New York Bar. An interested attorney is
required to follow the same appointment process as a non-attorney; however, the proctored,
written state examination requirement is waived by statute for members of the bar in good
standing.[53]

New York notaries initially must pass a test and then renew their status every 4 years.[53]

Ohio

Notaries public in the State of Ohio are authorized and governed by Ohio Revised Code,
Chapter 147. Until early 2019, new applicants were appointed by the judge of the Court of
Common Pleas for their county of residence typically based on “good character” (though
often via recommendation of the county bar association, after completing initial paperwork
and paying the first round of fees); then, an Ohio Bureau of Criminal Investigation and FBI
combination background check was required before proceeding: if an applicant had an FBI-
BCI check from the preceding six months, it was accepted. Importantly, up until the laws
changed in 2019, counties enjoyed wide-ranging jurisdiction over the process, though many
required successful completion of an exam covering ORC 147, particularly focused on the
distinctions between the types of notarial acts and prohibited practices. Then, commissions
were issued by the Secretary of State (after mailing a passing grade to the SOS), mailed to
the newly-admitted notary, and finally personally recorded at the county Recorder’s office.
Commissions were valid for five years and had no re-examination requirements for renewal—
only a new background check was required. Since the law changed in 2019, notaries are
bound by the below-noted requirements, including for re-commissioning (i.e., they were not
grandfathered).

Since the change in 2019, the process is almost entirely governed at the state level, with little
leeway for the many counties. For new applicants, a three-hour examination is required,
regardless of the place of residence; these are still provided at the county level. The
commission is issued electronically via a secure web portal after having mailed the passing
grade to the Secretary of State. Commissions are no longer recorded in the newly-
commissioned officer’s home county. Commissions remain valid for five years; however, a
one-hour refresher, web-based examination is required for renewal, in addition to the FBI-BCI
background check. With the changes, notaries could now charge $5.00 per act: this fee is
capped by state law. There are few yet important exclusions to this cap, such as for signing
agents acting on real estate transactions and for reasonable expenses incurred for traveling
to a signer’s location (if necessary).

Ohio allows both: electronic (e.g., affixing a seal and digital signature to a PDF) and remote
online notarization (“RON”), though additional qualifications are required for RONs. For
instance, a two-hour course via one of four approved vendors is required. Results must be
manually submitted to the SOS’s office. Otherwise, no additional steps are required. A benefit
to notaries is that they may charge five times the price for an in-person notarization ($25 vs.
$5). Notably, Ohio’s RON laws require (only) the notary to be physically present in the State of
Ohio at the time of the act; but, the signer may be located anywhere in the world: there simply
must be a video connection such that the signer’s identification may be verified and/or for the
oath/affirmation to be administered and answered.

Notably, an Ohio notary is solely and personally responsible for his/her commission and seal.
While classes may be paid for by an employer, a notary is free to perform acts outside of
work (so long as the primary job performance is not impacted). An employer-sponsored
notary must still abide by all Ohio laws and has the right to refuse acts deemed illegal.
Importantly, a notary does not have a conflict of interest when signing for his/her company’s
own documents, so long as she/he does not directly benefit materially. Also, since
commissions are issued to individuals, the notary does not have to make his/her seal
available to the company; and at separation from employment, the notary is entitled by law to
take the seal(s) and journal(s) upon departure.

Pennsylvania
A notary in the Commonwealth of Pennsylvania is empowered to perform seven distinct
official acts: take affidavits, verifications, acknowledgments and depositions, certify copies
of documents, administer oaths and affirmations, and protest dishonored negotiable
instruments. A notary is strictly prohibited from giving legal advice or drafting legal
documents such as contracts, mortgages, leases, wills, powers of attorney, liens or bonds.

South Carolina

South Carolina notaries public are appointed by the governor to serve a ten-year term. All
applicants must first have that application endorsed by a state legislator before submitting
their application to the Secretary of State. South Carolina is one of three states (Florida and
Maine are the others) where a notary public can solemnize the rites of matrimony (perform a
marriage ceremony) (2005).[54] If you live in South Carolina but work in North Carolina,
Georgia or Washington, DC, these states will permit you to become a notary public for their
state. South Carolina does not offer this provision to out-of-state residents that work in South
Carolina(2012).[55]

Utah

Utah notaries public are appointed by the lieutenant governor to serve a four-year term. Utah
used to require that impression seals be used, but now it is optional. The seal must be in
purple ink.

Virginia

A Virginia notary must either be a resident of Virginia or work in Virginia, and is authorized to
acknowledge signatures, take oaths, and certify copies of non-government documents which
are not otherwise available, e.g. a notary cannot certify a copy of a birth or death certificate
since a certified copy of the document can be obtained from the issuing agency. Changes to
the law effective 1 July 2008 imposes certain new requirements; while seals are still not
required, if they are used they must be photographically reproducible. Also, the notary's
registration number must appear on any document notarized.[56] Changes to the law effective
1 July 2008 will permit notarization of electronic signatures.

On 1 July 2012, Virginia became the first state to authorize a signer to be in a remote location
and have a document notarized electronically by an approved Virginia electronic notary using
audio-visual conference technology by passing the bills SB 827 and HB 2318.[57][58]

Washington

In Washington any adult resident of the state, or resident of Oregon or Idaho who is employed
in Washington or member of the United States military or their spouse, may apply to become
a notary public. Applicants for commissioning as a Notary Public must: (a) be literate in the
English language, (b) be endorsed by three adult residents of Washington who are not related
to the applicant, (c) pay $30, (d) possess a surety bond in the amount of $10,000, (e) swear
under oath to act in accordance with the state's laws governing the practice of notaries. In
addition, the director of licensing is authorized to deny a commission to any applicant who
has had a professional license revoked, has been convicted of a serious crime, or who has
been found culpable of misconduct during a previous term as a notary public. A notary public
is appointed for a term of 4 years.[59]

West Virginia

Notaries public in this state are also referred to under law as a Conservator of the Peace as
per Attorney General decision on 4 June 1921[60]

Wyoming

Wyoming notaries public are appointed by the Secretary of State and serve a four-year term.
A Wyoming notary public has jurisdiction throughout the states of Wyoming and Montana.
These states permit notaries from neighboring states to act in the state in the same manner
as one from that state under reciprocity, e.g. as long as that state grants notaries from
neighboring states to act in their state.

Controversies

A Maryland requirement that to obtain a commission, a notary declare their belief in God, as
required by the Maryland Constitution, was found by the United States Supreme Court in
Torcaso v. Watkins, 367 U.S. 488 (https://supreme.justia.com/cases/federal/us/367/488/)
(1961) to be unconstitutional. Historically, some states required that a notary be a citizen of
the United States. However, the U.S. Supreme Court, in the case of Bernal v. Fainter 467 U.S.
216 (https://supreme.justia.com/cases/federal/us/467/216/) (1984), declared that to be
impermissible.

In the U.S., there are reports of notaries (or people claiming to be notaries) having taken
advantage of the differing roles of notaries in common law and civil law jurisdictions to
engage in the unauthorized practice of law.[61] The victims of such scams are typically illegal
immigrants from civil law countries who need assistance with, for example, their immigration
papers and want to avoid hiring an attorney. Confusion often results from the mistaken
premise that a notary public in the United States serves the same function as a Notario
Publico in Spanish-speaking countries (which are civil law countries, see below). For this
reason, some states, like Texas, require that notaries specify that they are not Notario Publico
when advertising services in languages other than English.[62] Prosecutions in such cases are
difficult, as the victims are often deported and thus unavailable to testify.

Military

Certain members of the United States Armed Forces are given the powers of a notary under
federal law (10 U.S.C. § 1044a (https://www.law.cornell.edu/uscode/text/10/1044a) ). Some
military members have authority to certify documents or administer oaths, without being
given all notarial powers (10 U.S.C. § 502 (https://www.law.cornell.edu/uscode/text/10/50
2) , § 936 (https://www.law.cornell.edu/uscode/text/10/936) , § 1031 (https://www.law.cor
nell.edu/uscode/text/10/1031) ). In addition to the powers granted by the federal
government, some states have enacted laws granting notarial powers to commissioned
officers.[63]

Embassies and consulates

Certain personnel at U.S. embassies and consulates may be given the powers of a notary
under federal law (22 U.S.C. § 4215 (https://www.law.cornell.edu/uscode/text/22/4215)
and § 4221 (https://www.law.cornell.edu/uscode/text/22/4221) ).[64]

Civil law jurisdictions

The role of notaries in civil law countries is much greater than in common law countries.
Civilian notaries are full-time lawyers and holders of a public office who routinely undertake
non-contentious transactional work done in common law countries by attorneys/solicitors, as
well as, in some countries, those of government registries, title offices, and public recorders.
The qualifications imposed by civil law countries are much greater, requiring generally an
undergraduate law degree, a graduate degree in notarial law and practice, three or more years
of practical training ("articles") under an established notary, and must sit a national
examination to be admitted to practice. Typically, notaries work in private practice and earn
fees, but a small minority of countries have salaried public service (or "government" / "state")
notaries (e.g., Ukraine, Russia, Baden-Württemberg in Germany (until 2017), certain cantons
of Switzerland, and Portugal).

Notaries in civil law countries have had a critical historical role in providing archives. A
considerable amount of historical data of tremendous value is available in France, Spain and
Italy thanks to notarial minutes, contracts and conveyances, some of great antiquity which
have survived in spite of losses, deterioration and willful destruction.

Civil law notaries have jurisdiction over strictly non-contentious domestic civil-private law in
the areas of property law, family law, agency, wills and succession, and company formation.
The point to which a country's notarial profession monopolizes these areas can vary greatly.
On one extreme is France (and French-derived systems) which statutorily give notaries a
monopoly over their reserved areas of practice, as opposed to Austria where there is no
discernible monopoly whatsoever and notaries are in direct competition with
attorneys/solicitors.

In the few United States jurisdictions where trained notaries are allowed (such as Louisiana
and Puerto Rico), the practice of these legal practitioners is limited to legal advice on purely
non-contentious matters that fall within the purview of a notary's reserved areas of practice.

Thailand is a mixed law country with a strong civil law tradition. Public notaries in Thailand
are Thai lawyers who have a special license.[65]

Notable notaries

Upon the death of President Warren G. Harding in 1923, Calvin Coolidge was sworn in as
president by his father, John Calvin Coolidge, Sr., a Vermont notary public. However, as there
was some controversy as to whether a state notary public had the authority to administer the
presidential oath of office, Coolidge took the oath, again, upon returning to Washington.[66][67]

See also

Articles about common notarial certificates (varies by jurisdiction):

Acknowledgment (law)

Commissioner of deeds
Copy certification

Jurat

Barrister

eNotary

Lawyer

Legalization

Peace Commissioner

Solicitor

Justice of the Peace

Medallion signature guarantee

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entication-of-documents/notarial-and-authentication-services-consular-officers.html) . U.S. State
Dept. Archived from the original (https://travel.state.gov/content/travel/english/legal-consideration
s/judicial/authentication-of-documents/notarial-and-authentication-services-consular-officers.htm
l) on 17 September 2014. Retrieved 2 August 2014.

65. "Public notaries in Thailand" (http://thailawonline.com/en/others/documents/how-to-notarize-a-doc

ument.html) .

66. Short Guide for Vermont Notaries Public. (https://www.sec.state.vt.us/media/68413/notaryguide_2

015.pdf) Archived (https://web.archive.org/web/20150906004309/https://www.sec.state.vt.us/m
edia/68413/notaryguide_2015.pdf) 6 September 2015 at the Wayback Machine (2015), p. 1.
Vermont Secretary of State. p. i.

67. Piombino, Alfred E. (1996). Notary Public Handbook: A Guide for Vermont Notaries, Commissioners
& Justices of the Peace. East Coast Publishing.

External links

The Society of Notaries of New South Wales Inc. (AUS) (http://www.notarynsw.org.au/)

The Society of Notaries of Victoria Inc. (AUS) (http://www.notaries.org.au/)

The Society of Notaries of Queensland Inc. (AUS) (http://www.societyofnotaries-qld.org/)

The Notaries Society (UK) (http://www.thenotariessociety.org.uk/)

The Society of Scrivener Notaries (UK) (http://www.scrivener-notaries.org.uk/)

The Faculty of Notaries Public in Ireland (http://www.notarypublic.ie/)

 The Society of Notaries Public of BC (Canada) (http://www.notaries.bc.ca/)

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