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What Are Notarization Principles?

 Principles of Notarization

Principles of the notarial function - UINL
Notarization is a crucial process that helps ensure the authenticity and legal validity of documents and transactions. At its core, the practice relies on several key principles:
1. Impartiality and neutrality
  • A notary acts as a neutral third party, without personal interest or bias, ensuring the integrity and fairness of the process.
  • Notaries should not notarize documents in which they have a personal or financial interest, to maintain objectivity and avoid conflicts of interest.
2. Verifying identity and deterring fraud
3. Ensuring willing and informed consent
  • Notaries confirm that the signer(s) understand the contents and significance of the document and are signing willingly and without duress or coercion.
  • This protects the interests of all parties and helps prevent disputes, explains NotaryCam.
4. Completing the notarial act and maintaining records
  • Notaries witness the signing or perform other notarial duties as required, complete the notarial certificate, and apply their signature and seal to the document.
  • They are responsible for accurately recording all notarizations in a journal or record book, which helps provide verification after the fact and ensures accountability.
5. Adherence to legal requirements
In essence, these principles underpin the notary public's role as a trusted public official who safeguards the integrity of important documents and transactions by ensuring their authenticity and legal validity. 
Have there been any changes to these notarial acts?
#Model Notary Acts of 2022
#SPW-Code-of-Conduct-2016
 
Share your States' Notary Acts in the comments
Have there been any changes to these notarial acts?
  • #Model Notary Acts of 2022
  • #SPW-Code-of-Conduct-2016
Recent years have seen significant updates in the realm of notarial acts, reflecting the evolution of technology and a growing demand for remote services. 
Here's a look at some key changes:
1. Remote online notarization (RON) expansion
Many states have passed legislation enabling notaries to perform notarizations online using secure digital platforms and audio-visual technology.
This has expanded the reach of notaries and offers greater convenience for clients, allowing notarizations to be completed remotely from any location.
The National Association of Secretaries of State (NASS) has developed uniform standards to help ensure consistency in RON practices across different states. 
2. Stricter identity verification
States have implemented stricter identity verification measures, including multi-factor authentication (MFA), video conferencing, and biometric methods. 
3. Enhanced security and record-keeping
Notaries using digital platforms face heightened security and record-keeping requirements, often needing electronic journals that log notarizations, including time-stamped video and identity verification details. 
4. Addressing fraud and unauthorized practice of law
Recent legislative efforts have focused on preventing real estate fraud, with some states requiring journals for real estate-related notarial acts and penalizing improper signer identification.
Laws clarify that a notary commission does not permit providing legal advice or practicing law. 
5. Updates to the notary public code of professional responsibility
The National Notary Association (NNA) updated its Code in 2020, incorporating new standards for electronic notarizations like RON. 
These changes reflect the integration of technology and a focus on security and consumer protection. Notaries should stay informed about regulations and continuing education in their jurisdictions.
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