FAQs
It's very helpful to understand the common questions surrounding notaries, as they play such a vital role in legal document processes. It is important to remember that notary laws can vary significantly from state to state. Therefore, it's always best to consult your state's specific guidelines for accurate information.
Here's a breakdown of top 10 frequently asked questions:
What is a notary public?
A notary public is a state-authorized official who acts as an impartial witness to the signing of legal documents. Their primary roll is to deter fraud.
What kind of identification is required for notarization?
Generally, a valid government-issued photo ID, such as a driver's license, passport, or state ID card, is required. Specific requirements may vary by state and document.
What's the difference between an acknowledgment and a jurat?
An acknowledgment verifies that the signer willingly signed the document. The signing of the document itself doesn't have to be done in the presence of the notary, just the acknowledgment of the signature must be before the notary. A jurat requires the signer to swear or affirm that the contents of the documents are true, and is sworn and subscribed (signed) in front of the notary.
When a signer has no form of ID, can credible witnesses be used?
Yes, in Florida, credible witnesses can be used when a signer lacks traditional forms of identification.
Requirements for Florida:
1. Two credible witnesses are required.
2. Sworn Statement by credible witnesses attesting to signer's identity.
3. Must take an oath or affirmation before a notary.
4. Must confirm signer has no proper form of ID and cannot produce one in a timely manner.
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*The credible witness process is only to be used when traditional forms of ID are truly unavailable, not as a matter of convenience.
How does remote online notary (RON) work?
RON offers increased convenience and accessibility compared to traditional in-person notarizations. It relies on secured technology to verify identities and ensure document integrity. RON brings the notary process into the digital age, providing a secure and efficient way to notarize documents remotely!
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The process:
1. Signer schedules an appointment with a RON. (pssst Stamp & Stats Maiden, LLC)
2. The signer will receive an email with the a link to safely and securely upload their documents for review. As well as an invoices for payment.
3. Once documents are uploaded by the signer, and payment is received the booking is confirmed and the signer will receive another email with a ling to the RON platform.
4. Signers should log on 5 minutes before the set appointment time to go through the identification verification process. Signers will need to pass a KBA and credential analysis.
5. Once identification verification and uploading of proper identification is completed signers will meet with their RON notary through audio-visual technology interacting in real time. Similar to a zoom meeting or facetime call.
6. Notary will verify identity and explain the process to have the signer electronically pick a signature and apply to the document while the notary witnesses the signing.
7. The notary applies their electronic seal and signature.
8. The session is recorded and stored. The document will be locked to deter fraud or tamper. Once the session is completed the notary will end the call.
9. Shortly after the call has ended, the singer will receive a secure email with the signed and notarized document, which will have a digital certificate for an extra layer of tamper security.
10. Your document can be printed or emailed. That's it! The processes for simple one seal notarization is usually less than 15 minutes.
What does a notary do?
Notaries verify identity of signers, witness signatures, administer oaths and affirmations, and perform other notarial acts such as acknowledgments and jurats.
Is remote online notary (RON) legal?
RON's legality is governed by state laws, and majority of U.S. States have enacted legislation authorizing it's use. While not all states allow notaries to perform RON, all notarizations performed by a notary in a state where RON is enacted are in deed recognized in all states in the U.S. Specific requirements and regulations on state and or type of document may vary.
Can a notary notarize any document?
While notaries don't "notarize documents" themselves, they do notarize signatures on documents. The type of document is less important than the notarial act being administered. However, notaries must adhere to their state's laws regarding what they can and cannot notarize.
Can a document be notarized if it has already been signed?
Yes, but the signer must appear before the notary to acknowledge their signature. The notary must witness the acknowledgment.
What is an Apostille and do I need one?
An apostille authenticates the notary's signature on documents for use in foreign countries that are members of the Hague Convention. These authentications can be required at a state or federal level depending on the document and what country it's going to. Documents needing recognition in foreign countries need to go through the complex apostille process.