What is a Notary Public? A Complete Guide to Understanding the Role

If you've ever bought a home, signed a power of attorney, or executed a will, you've likely encountered a notary public. But what exactly does a notary do, and why is their role so important in our legal system? This comprehensive guide will answer all your questions about notaries public and help you understand this essential profession.

Definition of a Notary Public

A notary public is an official appointed by state government to serve as an impartial witness in performing a variety of fraud-deterrent acts related to the signing of important documents. These acts are called "notarizations" or "notarial acts." The notary's role is to verify the identity of signers, ensure they're signing willingly, and confirm they understand what they're signing.

The term "notary public" comes from the Latin "notarius publicus," meaning "public secretary." This reflects the historical role of notaries as trusted public officials who authenticated documents and transactions.

The History of Notaries

The notary profession dates back to ancient Rome, where scribes called "notarii" recorded legal proceedings and prepared documents. In medieval Europe, notaries became essential figures in commerce and law, drafting contracts and authenticating documents for trade between nations.

In the United States, the role of notary public was established in the colonial era and has evolved to become a cornerstone of our legal document system. Today, all 50 states and U.S. territories commission notaries public to serve their citizens.

Key Responsibilities of a Notary Public

Notaries perform several critical functions that help prevent fraud and ensure the integrity of important documents:

Types of Notarial Acts

Notaries perform several different types of notarial acts, each serving a specific purpose:

• Acknowledgments: The signer acknowledges to the notary that they signed the document voluntarily for its intended purpose.
• Jurats (Oaths/Affirmations): The signer swears or affirms under penalty of perjury that the contents of the document are true.
• Copy Certifications: The notary certifies that a copy of a document is a true and accurate reproduction of the original.
• Signature Witnessing: The notary witnesses the signing of a document without any oath or acknowledgment.

Documents That Commonly Require Notarization

Many important documents require notarization to be legally valid:

Why Notarization Matters

Notarization serves several critical purposes in our legal system. It deters fraud by requiring identity verification and ensuring signers act voluntarily. It provides third-party verification that proper procedures were followed. And it creates a record that can be used as evidence if a document is later challenged in court.

Without notarization, many documents would be vulnerable to forgery, fraud, and disputes. The notary's seal provides assurance that the signing was authentic and proper—which is why banks, courts, and government agencies require notarization for important documents.