What is a Notary Public?

Milner & Paul Legal Practitioners March 27, 2022

Introduction

A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business.

Key Tasks involved

A notary's main functions are to validate the signature of a person (for purposes of signing a document); administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments (e.g., of deeds and other conveyances); protest notes and bills of exchange; provide notice of foreign drafts; prepare marine or ship's protests in cases of damage; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, a notarization.

For the purposes of authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. To these documents a notary affixes a notarial certificate–a separate document stating the notarial act performed and upon which the party(ies) and notary sign–which attests to the execution of the document, usually by the person who appears before the notary, known as an appeaser or constituent.