Principles of Notarization: Chapter 1: What is a Notary Public?

A notary public is a public official who witnesses and certifies the signing of important documents. The notary's role is to ensure that the signer understands the document and is willing to sign it. The notary also verifies the signer's identity, usually by asking for a current form of photo identification. In addition, the notary may provide other services, such as administering oaths and affirmations and certifying copies of documents.

The office of the notary public is a government in nature. The notary attests to the genuineness of the writing and signature to render them available as evidence of the facts therein contained.

When a notary public performs an official act, such as administering an oath or affirmation, taking an acknowledgment, witnessing or attesting a signature, or verifying the genuineness of a signature or document, the notary exercises delegated state power. Every notarial act is a function of state government, and there is no such thing as a "private" notary or notarization. The notary is an agent of the state exercising delegated state powers, and the notary's certificate of notarization is a government certificate prepared on behalf of the state. In no circumstance is the notary's authority and power to act subject to the jurisdiction or control of a private company or entity. The notary is personally accountable to the state government by the authority under which the notary functions. Notary Public (See Agent of the State, History of the  Notary Public, Notary Public Encyclopedia, Van Alstyne, pg.266)

The notary public is a crucial player in the security, orderliness, and functionality of government, law, and commerce. The notary function has never been eradicated as a tool of law, and no other system has ever been found to replace it. The notary's role is to provide a secure and reliable means of verifying the identity of the parties to a transaction, the authority of the notary to act on behalf of those parties, and the validity of the transaction itself. In this way, the notary public provides a crucial "third pillar" that supports the orderly and secure legal structure of property ownership.

1. Notaries are impartial witnesses who ensure that the signer is aware of the document and is willing to sign it. They also verify the signer's identity, usually by asking for a current form of photo ID. 
2. Notaries perform notarizations, or notarial acts, to deter fraud and establish that the signer understands the document they're signing. They certify the proper execution of many important documents, such as those related to real estate, powers of attorney, and prenuptial agreements. 
3. Notaries public are often employed by banks, credit unions, packaging stores, postal centers, and copy centers. In every state, a notary public is appointed by the Secretary of State. Before performing a notarial act, a notary is required to read the Notary Public Act. 

An "impartial witness" is someone who's totally neutral and not connected to a situation, like a court case or a research project, and can't be swayed by anyone involved. They usually help make sure that someone who can't read well gets what's being said, like by reading a consent form out loud and checking if it's clear. 

Key points about an impartial witness:

1. Role in informed consent: Primarily used when a participant or their legal representative cannot read, where the impartial witness will read the relevant documents aloud and ensure understanding. 
2. Independence is crucial: They must have no connection to the study team or parties involved in the situation to maintain impartiality. 
3. Not a translator: While they may sometimes assist with language barriers, their primary role is to verify comprehension, not translate directly.

Yes, Notary laws vary from state to state, so it's important to be familiar with the laws in your state. You can find updates on legislation and procedural changes on the state government's website. For example, the Michigan Secretary of State's website has information on application forms, renewal instructions, and regulatory updates.

Here are some examples of notary laws in Michigan:

Fees: Notaries in Michigan can't charge more than $10 for each notarial act. They must also display a sign or advise the individual of the fee before performing the act. Notaries can charge a separate travel fee if agreed upon with the client. 

Prohibited Conduct Notaries in Michigan can't:

• Certify or notarize a record as an original or a true copy of another record 
• Perform a notarial act on a record they executed 
• Notarize their own signature 
• Take their own deposition or affidavit 
• Claim powers, qualifications, rights, or privileges that the office of notary doesn't provide 

Electronic and Remote Notarization:

Before agreeing to conduct a notarial act, a notary public needs to be familiar with their state's laws. In Michigan, notaries can perform electronic or remote notarization if they work with an approved vendor and have the vendor's system/platform on file with the Secretary of State.

As public officials Notaries are commissioned to serve all persons in their jurisdictions. In this respect, they are similar to elected representatives, such as senators and members of state assemblies.  

A notary public is a public official authorized to perform a variety of official acts, such as administering oaths and affirmations, taking acknowledgments, verifying the genuineness of signatures, and attesting to the execution of documents. Although a notary's authority is limited, his or her personal financial responsibility for improper performance of official acts may be limitless. A notary who performs his or her duties improperly may be subject to a civil lawsuit to recover financial damages caused by the error. (I will talk more about this issue in later chapters.) In most states, notaries public are required to obtain a surety bond to protect the public from financial loss if they fail to properly perform their duties. The bond amount is typically between $1,000 and $100,000, but it does not absolve the notary of financial responsibility. If the claim exceeds the bond amount, the notary is personally liable for the difference. This is why notaries need to carry adequate errors and omissions insurance.

Notaries are commissioned by the state to perform official acts, such as witnessing signatures and administering oaths. The commission is a personal trust that cannot be shared with anyone else. A Notary must exercise reasonable care and attentiveness in performing notarial acts. An employer may pay for a Notary's commissioning fees and Notary supplies, but the employer cannot dictate that the Notary's commission be used improperly. The ultimate responsibility for a Notary's improper act lies with the Notary. Employer and Notary Relation (See Employer's Legal Duty to Notary, Employer Liability for Notarization, Notary Public Encyclopedia pg. 97)

 Disclosure: I am not licensed to practice law or give legal advice.

However, I can help you with a variety of notary services.

The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.

   How to Become a Notary Public