Notary public

From dKosopedia

Category: US Courts

In the United States outside Louisiana, a notary public is an individual who is authorized by a state government to verify the authenticity of signatures of people on important documents (which are then called "notarized" or "sealed" documents), to administer oaths, and often, to give official notice that checks are being bounced (sometimes an official with very similar powers is called a "commissioner of deeds"). Typically, any adult who is not a felon is authorized to hold a post. Some states require a performance bond as well. Most banks, car dealership and law offices have notaries on staff. The most commonly notarized documents are car titles, real estate related documents and court papers such as affidavits.

Insurance companies and securities brokers typically use an alternate private sector system to show the authenticity of document signers called a "signature guarantee", because notaries are less easily held liable (and collectable in the event that they are found liable, as most notaries are low level employees whose employers are typically not vicariously liable for their mistakes).

In Civil Law countries, such as France, Mexico and Germany, a notary is something a cross between a county clerk and recorder and a transactional lawyer. Notaries in civil law countries are trained as lawyers and purchase a right to operate in a particular jurisdiction in a manner somewhat similar to a New York Stock Exchange floor trading privilege. Typically several operate in each jurisdiction and fees are often established by law for many services. Public records deposited with a notary are a matter of public record. Real estate records, wills, inheritance records and corporate records, among others, are maintained in a notary's office. The notary also drafts contacts, drafts wills, provides tax advice, serves as a neutral party to draft business agreements, and supervises the transfer of inheritances at a decedent's death. One reason that most civil law countries have fewer lawyers per capita than the United States is that notaries and legally trained persons who provide legal advice while serving as corporate employees are typically not counted as lawyers in those countries, while in the United States those functions are performed by lawyers.

In the United States it is not uncommon for notary publics of the lesser common law type to prey upon immigrants from civil law countries by deceiving them into believing that they have the qualifications and authority of a civil law notary, particularly in regard to real estate, tax and immigration matters. Even the Republican state legislature of Arizona has recognized this particular sort of fraud as reprehensible and has passed legislation to curtail it. (See ARS 41-329.)