Notarization is a process in which a notary public, who is typically a state-appointed official, verifies the authenticity of documents, signatures, and identities of the parties involved in a transaction. Notarization is used to deter fraud, confirm that the signatories are who they claim to be, and ensure that they willingly entered into an agreement.
Here's how notarization works and how it legally binds the parties involved:
- Identity Verification: When a person needs a document notarized, they must appear before a notary public with a valid form of government-issued identification. The notary verifies the person's identity by comparing the ID to the person standing before them. This step ensures that the person signing the document is the same person identified on the ID.
- Confirmation of Willingness: The notary ensures that the person signing the document is doing so willingly and is not under duress or coercion. This is usually done by asking the person if they understand the document's contents and are signing it voluntarily.
- Witnessing the Signature: The notary watches as the person signs the document. They may also ask the person to confirm their signature and may affix a notarial seal or stamp to the document.
- Notarial Certificate: After the document is signed, the notary completes a notarial certificate, which includes details such as the date, the type of notarial act performed, the notary's name and signature, and their official seal or stamp. This certificate serves as proof that the notarization occurred.
- Recording: In some cases, the notary may keep a record (journal) of notarized documents and transactions. This provides an additional layer of accountability.
- Legal Recognition: Notarized documents are considered legally binding because the notary public is an impartial third party who has verified the authenticity of the document and the identities of the parties involved. The notarial certificate adds an official record to the document, making it more credible and difficult to challenge in court.
- Enforceability: In ?legal jurisdictions, notarized documents have a higher degree of enforceability in court. They are often presumed to be valid, and challenging the authenticity or legality of such documents can be more difficult.
Notarization is commonly used for various types of documents, including real estate transactions, wills, powers of attorney, and business contracts. It provides an additional layer of security and trust in legal and financial transactions by ensuring that the parties involved are who they claim to be and that they have willingly entered into the agreement.
