FAQs
| What is a Notary Public? A Notary Public is a public servant appointed by the State to act as an impartial witness in taking acknowledgments, administering oaths and affirmations, and performing other acts authorized by state law. Notaries lend credibility to the authenticity of certain sensitive signed documents through identification of the signer. A notarized document ensures to the public that it’s signer is the person who signed the document .
Why do I need a Notary Public? Documents within many industries such as Real Estate, Financial, Legal and Healthcare are requiring more and more notarizations to help deter fraudulent activity. Today, with the increasing amount of identity theft and corporate corruption, these industries use notarization as a checks and balancing tool. This serves to help protect the public as well as the businesses themselves from illegal activity. What Identification is required for notarization? Each signer must present at least one of the forms of ID listed below. The ID must be current or, if expired, have been issued within the last 5 years; contain the signer’s photograph, physical description, and signature; and bear a serial or other identifying number (Civil Code, Section 1185). Acceptable forms of Identification include:
Unacceptable forms of Identification include:
What is a “Mobile” notary public? The “mobile” designation means the notary travels to you. They come to your home, office, or other location at your convenience, giving you the advantage of flexible scheduling – evenings and weekends as well as regular business hours. What is a “Certified Notary Signing Agent”? A Certified Signing Agent has special expertise and training to conduct loan signings. The certification is often from a national organization such as the National Notary Association. The Signing Agent is hired as an independent contractor by a title, mortgage, or escrow office to ensure that the loan signing process is properly completed. Bay Area Notary does hold this distinction. Can a document be notarized when the signer does not have proper identification? If the identification of a signer cannot be based on a proper I.D., a notary may rely on the oath of two credible identifying witnesses that are unknown to the notary who possess proper I.D. cards. This creates a “chain of knowledge”, which is acceptable by California state law. Why do documents require notarization? Most importantly to deter fraud and to help protect the legal rights of the persons whose signatures are being notarized. It is the legal responsibility of the notary, serving as an impartial witness and public official, to ensure that the signers of notarized documents are indeed who they claim to be. Can a document with blank lines be notarized? A notary public may not notarize a document that is incomplete (Government Section 8205). This is for the public’s protection from the widespread occurrence of fraud. Is notarization required by law? For certain documents, yes. Many affidavits, real estate deeds, loan papers, powers of attorney, and other types of documents must be properly notarized to become legally binding. Oftentimes one of the simplest ways to determine whether a document requires notarization is to examine it, specifically, in the vicinity of the signature area- for notarial wording, such as “…subscribed and sworn to before me…” or “…acknowledged to…” Such wording varies by state and country, so use these examples only as a general guide. Also be aware that not all documents requiring notarization contain the mandatory notarial wording; in such cases, the notary must add the necessary wording to the documents. What are the qualifications to become a notary? Each state has its own qualifications and expectations. In California, a notary applicant must meet the following qualifications:
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