Bay Area Notaries
of San Mateo County
, California

Notary Definition and frequently asked questions

What is a Notary?

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A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. Witnessing the signing of a document is called an Acknowledgment and the administration of an oath is called a Jurat. Both require specific notarial wording to appear on the document to be signed or on a separate certificate which is than attached to the signed document.

Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

Many documents require notarization, by law. Certain affidavits, deeds and powers of attorney may not be legally binding unless they are properly notarized. Also private entities and individuals may require notarization to strengthen the document and to protect it from fraud.

 

Q.
How does a Notary identify a signer?
A.
Generally, the Notary will ask to see a current identification with a photograph, physical description, signature and serial number. A driver’s license, military ID or passport are acceptable.
Q.
May a Notary give legal advice or prepare legal documents?
A.
Absolutely not. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.
Q.
Can a Notary refuse to serve people?
A.
Only if the Notary is uncertain of a signer's identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer. A Notary, however, must be able to communicate in the SAME language as the client or customer - NO translator is allowed.
Why would I need a Notary Public?
A Notary Public is a public servant appointed by state government to witness the signing of important documents and administer oaths. Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the Notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.
  
How do I identify myself to a Notary Public?
All identification must contain a photo, physical description, signature and serial number. Your signature needs to reasonably match the identification provided. Valid identification would be a current Drivers License or State ID Card. An unexpired U.S. Passport. A U.S. Military ID if issued in the last 5 years.
  
When do I sign the documents?
Only in the presence of the Notary, after your identification has been verified.
  
Are there any documents that can't be notarized?
We are NOT allowed to notarize incomplete documents, Wills, or copies of Birth, Death, Marriage records and in some cases pre-signed documents. At the direction of an attorney, a Notary Public may notarize a Will but ONLY at the request of an attorney. Wills in California can be tricky and must not be notarized unless authorized or requested by an attorney. To do otherwise might invalidate the Will.
 
Are there special considerations for Advanced Health Care Directives in a Skilled Nursing Homes?
The California State Long-Term Care Ombudsman Program requires that all patients in a skilled nursing home who wish to execute an Advanced Health Care Directive have the notarization witnessed by an Ombudsman as well as a Notary Public. The skilled nursing home should arrange for an Ombudsman to be present at such signings with the Notary Public.
  
What are the most common documents requiring a Notary Public?

01. Loan Documents, Deeds of Trust, Grant Deeds, QuitClaim Deeds, etc.
02. Authorization for Foreign Travel with a Minor Forms
03. Passport Applications

04. Certified copy of a Power of Attorney
05. Application for Retirement Benefits
06. Bill of Sale for a Motor Vehicle
07. Insurance Release Claim Forms
08. Application for U.S. Citizenship
09. Depositions and Affidavits
10. Stock Certificate Transmission Form
11. Protest of Non-Payment
12. Application for certified copy of Birth or Death Certificates
13. Advanced Health Care Directives
(Ombudsman must be present if client is a patient in a long-term nursing home)
14. Immigration Support Verification Documents
15. Adoption documents
16. Retirement and Pension Forms
17. Dissolution of Marriage documents
18. Employment Benefit Authorizations

19. and many, many more . . .

 

Where would I find a Notary Public?

Notaries advertise in the Yellow Pages usually under the Notary Public listings.

They can also be found online searching for Notary in (city desired) or (city desired) Notary. www.google.com is a popular search engine.

Many UPS Stores and Check Cashing Services have Notaries on duty as well. Some Banks offer Notary Services to their customers.

For more information on the role of a California Notary Public:
Secretary of State Notary Website