What is a notary public and what it takes to be commissioned?

A notary public is a commissioned defacto Officer of the State. The Secretary of State usually has authority to appoint and commission as many notaries public as in his or her judgment is deemed in the best interest of the public, community and state. A Notary Public’s duty requires them to act as the official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose. The presence of a notary public helps to screen out imposters and make sure both parties are entering into an agreement knowingly and willingly

To become a notary public a person must submit an application to the State Notary Commissioner or Division of Licensing Services for their specific State. There is usually a fee and some rules for qualification required or mandated. The process is usually simple and straight forth in a pamphlet of booklet, usually downloadable from the Internet. It is quite common that there will be deadlines that must be meet. Example: A stipulation that your Commission must be recorded in your County of record by a specific date, or your Commission is void.

There term for notaries vary by state. Many have four-year term; five years are also common in certain states. Louisiana has a lifetime commission status. Most states make a notary public candidate undergo so type of fingerprinting, background check, qualifying investigation or character verification.

Notaries are not attorneys and are not able or licensed to give legal advice. In some states preparing documents is considered the practice of law, and carry serious consequences. Many jurisdictions also have laws and restrictions on advertising practices a notary public can use. States are known for limiting the maximum fess that can be charges of certain notarial acts a notary public is called upon to perform.

Notarization of wills is an area in which a notary public should take care and guidance from a licensed attorney to avoid a document being rendered void. Certain documents must not be notarized; a notary public should be “familiar with” and “obey “all rules, regulations and laws. A skilled notary will be familiar with the “Stature of Frauds”, relevant notary laws, and have an extensive financial and real estate vocabulary along with a practical understanding of business transactions.

#######

A real estate broker, mortgage lender and educator in Southern California, Ntsikelelo has spend the past 11 years becoming one of the top technology experts in the areas of Website design and Internet marketing. He is the COO of QEC Internet Services Company, which operates sites such as http://www.needAnotary.net, http://QuickEasyContact.com, http://BlastTemplates.com and http://QECIS.com