What documents cannot be notarized?
In the United States, it is common procedure for legal documents such as contracts and deeds to be notarized. Notaries act as independent adjudicators, who are capable of swearing that their signature witnesses attest to the accuracy of certain statements. Such a sworn statement can then be used in court proceedings and in other formal contexts. A notary is also able to serve as a witness at some point in time. The first use of this process was recorded by a Roman historian named Gaius Julius Hyginus when he included his own witnessing that he had buried one of his parents alongside an ancient religious ceremony which took place centuries earlier.
A notary is a member of the profession of notaries (Latin for "sworn witnesses"). As there are no legal standards or requirements for holding the title of notary in the United States, nor any body which regulates the conduct of a notary, status as a notary is generally granted only by local custom.
The use and recognition of both judicial and role as independent adjudicators have been regulated both nationally and internationally.
While these documents are often called "notarized", they are actually 'certified' with a signature-bearing witness. The word "certified" is used due to the origins of the notary process from basic, pre-modern forms of sworn testimony. Some examples would be the use of signature-bearing witnesses in courts between parties, or between parties and notaries in some legal contracts. For example, a document where one party states that this is a true and correct copy of an existing contract unless otherwise noted in the note section might provide a witness's signature as well as their name.
The notary may also be either an individual or a corporation. A corporation cannot hold out to being more than it is according to law, nor can it give itself any special powers within that corporation. A "person" is merely a creature of law. In law, the principal of being a corporation must be distinguished from the person.
A notary public cannot notarize documents which fall into one of these categories:
Documents pertaining to any type of adoption are also notarized, due to their importance in the legal system. However, they cannot often be notarized by regular notaries, as they usually require court records to be given the final stamp of approval. In this case, it would have to be handled by a judge or another official of that court.
If a person or individual wishes to have any of these items notarized, another type of official would need to be consulted for assistance. Some locations might have a different set of rules for notarized signatures and documents, and would probably be more knowledgeable about the process. For example, an attorney might be able to assist with such matters.
While many people may feel that it is unnecessary to notarize such documents by visiting a local office or county courthouse, there are actually some advantages to doing so:
Not all states require the presence of both parties for the signing of contracts. However, being present can be a requirement for anyone wishing to put a claim on any of the following:
Notarized documents are more legally binding than other forms of official documentation. For example, when a notary public notarizes documents, the signed document will contain a statement that it was "sworn to before me as true by the person whose name is signed to it." This makes the document unbreakable in court because there is no way it can be proven inaccurate unless someone presents proof of fraud or perjury. The same would apply if they were used in any other legal proceeding such as mediation or arbitration.
These documents are unbreakable because in law, even those who sign them are the ones who must prove their signature was false. A notary does not have any authority to sign a document on behalf of another person, unless it is signed by one of those persons. Even if a notary signs on behalf of another person, that other person must still be present for the binding process. This allows the signatures to be guaranteed as true at all times. Another use would be to effectively bar someone from using their signature as their signature on any other document in future legal matters after they have been declared "unfit". For example, a notary public may be asked to notarize the signature of someone who has committed fraud. This way, if that person tried to notarize a different document with their signature in the future, it would be unrecognizable because it would be marked as "unfit", and thus break the documents it is attached to.
Notaries in the United States are usually required to send a copy of any document they notarized to the Secretary of State's office in her state after she has performed her services. This is done in most states by filling out a form and sending it off via postal mail along with a small fee. This ensures that the notary public has done all of her paperwork by law, and that anyone who might have cause for complaint against a notary can find out about it without much effort.
However, some states may have no requirements for sending in the "returns" to the Secretary of State's office. In this case, the notary may either choose to send in their returns or not. Depending on which state the documents were notarized in, they might be sent to another official such as a county clerk or court clerk instead.
A notary may at times also be referred to as a commissioner of oaths, as a certification officer, or a witness officer. A notary may not have the same "powers" as a court clerk or official in the sense that they cannot impose fines and penalties upon an individual, but they can perform many of the same functions. The Secretary of State's office in each state usually keeps records of all documents that have been notarized by the secretary's office and provides copies to those who request them.
In Europe, there are often many differences between countries regarding who can become a notary and how long it takes.
Conclusion:
It is good to be aware that notaries are people who sign and certify documents to verify the content of the document. The person before whom one makes a declaration has the sworn duty to be true. If he fails, there is a possibility of the court having to take action against him for perjury, as in this instance. A notary cannot make an error and thereby cause such an action on his own behalf; rather, it would be initiated by someone who previously signed or was present at another's signature.
In some states it is required that both parties must be present for any notarization of any document pertaining to adoption or guardianship.