Notary Public: Role, Responsibilities, and How to Use Their Services

Public of Notary: Role, Responsibilities, and How to Use Their Services

When you need to sign a power of attorney, close on a home, or prepare documents for use in another country, you’ll likely encounter a notary public. These officials play a critical—yet often misunderstood—role in verifying that the person signing a document is who they claim to be and that they’re doing so willingly. Understanding what notaries do, how they operate, and when you need their services can save you time, prevent fraud, and ensure your important documents hold up in court or across international borders.

This guide explains the role and responsibilities of notaries public, outlines when and how to use their services, and is intended for anyone needing notarization for personal, legal, or business documents. The scope of this article covers the essential duties of a notary public, when and how to access their services, and why understanding notary services matters—namely, to prevent fraud, ensure legal validity, and save time. It is especially useful for individuals needing notarization for legal, real estate, or international documents.

Key Takeaways

• A notary public is a person appointed by state government authorities to act as an impartial witness, verifying signer identity and willingness to deter fraud in document signing.

• The most common documents notarized in 2024 include powers of attorney, real estate deeds, affidavits, estate documents, and business contracts.

• Rules, fees, and training requirements for notaries differ significantly between U.S. states and between common-law and civil-law countries.

• Notaries must remain neutral and generally cannot provide legal advice unless they are separately licensed as an attorney.

• Modern notarial practice now includes electronic and remote online notarization in over 40 U.S. states, expanding access and convenience.

What Is a Notary Public?

A Notary Public is an official appointed by a state government to serve the public as an impartial witness in administering oaths and performing other official acts when important documents are signed. The term notary public refers specifically to common-law notaries and should not be confused with civil-law notaries, who are qualified lawyers admitted to the bar.

The term notary public refers to a public official created by statute to perform notarial acts such as acknowledgments, jurats, and certifications. In the United States, a notary holds a commission from the secretary of state or equivalent authority, empowering them to serve as impartial, third-party witnesses whose primary legal function is to deter fraud and add evidentiary value to legal documents.

When you visit a notary, they verify your identity using acceptable identification, check your willingness and basic awareness of what you’re signing, and then complete an official notarial certificate with their signature, date, and seal. This process transforms an ordinary document into one that courts, banks, government agencies, and foreign authorities are more likely to accept as authentic.

In many jurisdictions—including most U.S. states since the late 19th century—notaries are laypersons with limited powers who cannot practice law or offer legal counsel. They serve a specific, defined role: witnessing and certifying. In contrast, civil-law countries like France, Germany, and much of Latin America treat notaries as highly trained attorneys with broader authority to draft and authenticate complex instruments.

The origins of notarial practice trace back to Roman and medieval times, when public scribes authenticated documents to combat forgery. By the 19th and 20th centuries, these practices evolved into the modern public officials we recognize today. Notaries must follow the particular notary public law of their jurisdiction and can face civil or criminal penalties if they abuse their office—such as notarizing without the signer present or accepting false identification.

Core Responsibilities of the Notary Public

Most contemporary notarial statutes define a standard set of duties that qualified persons must fulfill. For example, the Revised Uniform Law on Notarial Acts, adopted in several states after 2010, establishes clear guidelines for what a notary must do during each transaction.

The core responsibilities include:

• Identifying signers through current, acceptable identification

• Confirming willingness and awareness that the signer understands what they’re signing

• Administering oaths and affirmations when documents require sworn statements

• Properly completing the notarial certificate with accurate information, signature, and seal
  
  

Notaries must remain neutral throughout the process. They cannot favor one party over another, and they generally cannot provide legal advice unless separately licensed as an attorney. A notary’s job is to witness and certify—not to explain contract terms or recommend whether you should sign.

Staying current with legal changes is also essential. As states update identity-verification standards and implement electronic notarization rules, notaries must adapt their practices accordingly. Failure to perform these responsibilities—such as notarizing without the signer physically or virtually present—can invalidate the notarization and expose the notary to significant liability.

Identifying the Signer

Identity verification stands as the first and most fundamental notarial duty. Before any notarial act can proceed, the notary must confirm that the person appearing before them is actually who they claim to be.

Typical ID requirements include:

The name on the identification must reasonably match the name on the document being notarized. If there’s a significant discrepancy—or if the ID appears altered, expired, or otherwise questionable—the notary must refuse service.

Some jurisdictions allow alternative verification methods. Credible witnesses who personally know the signer may vouch for their identity in certain situations. Modern digital systems may also permit biometric verification for remote online notarization. However, photocopies or digital images of IDs are generally not sufficient unless local law explicitly permits them.

Confirming Willingness and Awareness

Beyond identity, a notary must ensure the signer appears free from coercion, duress, or obvious impairment at the time of signing. This means observing whether the person seems confused, intoxicated, or under pressure from someone else in the room.

A notary may ask simple questions to assess awareness:

• “Do you understand this is a power of attorney?”

• “Are you signing this document of your own free will?”

• “Has anyone pressured you to sign this today?”
  
  

Notaries do not usually judge the wisdom of the transaction—that’s not their role. They assess only whether the signer understands the general nature of what they’re signing and is acting voluntarily.

If a notary suspects undue influence—for example, a relative pressuring an elderly signer at a hospital bedside regarding a property deed—they should decline to proceed. The National Notary Association emphasizes that this safeguarding function protects both the signer and any third parties who will later rely on the notarized document. In documented cases, notaries who detected confusion or coercion have successfully prevented elder financial abuse.

Administering Oaths and Affirmations

When documents such as affidavits, depositions, or sworn statements require verification under penalty of perjury, the notary’s role expands to include administering oaths or affirmations.

An oath invokes a higher power: “Do you solemnly swear that the statements in this document are true, so help you God?”

An affirmation provides a secular alternative based on personal honor: “Do you solemnly affirm that the statements in this document are true, under penalty of perjury?”

The person must clearly respond—typically “I do”—and the notary records that an oath or affirmation was administered on the notarial certificate. Taking affidavits and other sworn documents requires this verbal ceremony, distinguishing these acts from simple signature witnessing.

Many jurisdictions require notaries to maintain a journal entry noting the type of act performed and the document involved. This creates an audit trail that can prove invaluable if questions arise later about the legitimacy of the notarization.

Overseeing the Signing of Documents

For most notarial acts, the signer must personally appear before the notary on the date indicated in the certificate. This can occur in person or, where authorized, via approved remote online notarization technology.

Understanding the distinction between different notarial acts is important:

The notary must watch the signing when required and verify that all necessary pages and attachments—such as exhibits to a contract—are present and properly referenced. Notaries typically cannot notarize signatures on documents that are blank, incomplete, or missing major information like dates on real estate deeds.

Upon completion, the notary fills out the notarial certificate in ink (or secure digital format), applies their official seal, and records the act in any required journal. This process creates the official record that gives the document its enhanced evidentiary value.

Types of Notaries and Modern Notarial Acts

All notaries public hold a commission from a competent authority, but their daily work and tools can differ significantly depending on how they practice.

Traditional paper-based notaries use handwritten signatures and embossed or ink seals on physical documents. This remains the standard in many settings, particularly for real estate transactions and court filings that require original signatures.

In-person electronic notarization (IPEN) involves the signer and notary meeting face-to-face, but signing and sealing documents using secure digital platforms. The notary applies a digital signature and electronic seal rather than a physical stamp.

Remote online notarization (RON) represents the newest evolution. Now authorized in over 40 U.S. states—a number expected to grow through 2026—RON allows audio-video appearances, digital signatures, and tamper-evident electronic records. Signers can complete notarizations from anywhere with an internet connection, and those in California increasingly rely on remote online notarization services performed by out-of-state notaries using knowledge-based authentication, biometrics, or credential analysis to verify their identity.

A mobile notary travels to signers at homes, hospitals, workplaces, or other locations. This service proves invaluable for time-sensitive documents like loan packages, healthcare directives, or powers of attorney for homebound individuals, and mobile notaries play a key role in providing convenient on-site document authentication.

While electronic notarization changes the medium, the legal duties—identity verification, impartiality, accurate certificate completion—remain essentially the same. Understanding the differences between jurats and acknowledgments in California is especially important as these traditional act types carry over into electronic platforms. Whether on paper or screen, the notary’s fundamental role as a fraud deterrent doesn’t change.

Where Notaries Public Work

Notary public services are available in a variety of settings, making them accessible to the general public across different needs and circumstances.

Common workplaces include:

• Banks and credit unions

• Law firms and attorney offices

• Real estate and title companies

• Insurance agencies

• Government offices handling public records

• Shipping and mailing centers
  
  

According to professional surveys from the early 2020s, a substantial portion of U.S. notaries are self-employed or operate as mobile notaries and signing agents. These professionals travel to homes, hospitals, long-term care facilities, and workplaces to handle time-sensitive personal documents like loan packages or powers of attorney, with areas such as Santa Monica served by dedicated mobile notary services for individuals and businesses.

In civil-law countries, notaries operate formal notarial offices where they prepare and execute complex instruments such as property transfers, wills, and company formations. These offices function more like specialized law practices than the convenient services found at American banks.

Many large financial institutions offer limited notary services to their customers at little or no fee. However, it’s wise to call ahead to confirm availability and what forms of identification they require—requirements can vary even between branches of the same bank.

Notary Fees and Income

Many U.S. states set maximum fees per notarial act that notaries cannot exceed. These regulated fees keep notary services accessible to the general public, and clients often consult frequently asked questions about notary and apostille pricing and processes before scheduling an appointment.

These amounts—generally ranging from $2-10 per act—may seem modest, but notaries can legitimately charge additional fees for travel, after-hours service, printing, or courier delivery. Mobile notaries typically charge travel fees on top of the per-act charges, reflecting the convenience they provide.

Specialization can significantly increase income for commissioned notaries. Notary signing agents who handle mortgage loan closings—processing over 5 million closings annually across the industry—command higher fees due to their specialized training and the complexity of lending documents. Estate-planning signings, hospital and nursing-home work, and refinancing packages all represent opportunities for higher-value services, as do specialized document authentication methods such as attestation and notarization.

Professional certifications from organizations like the National Notary Association can help notaries expand into these more lucrative areas while staying within legal boundaries. In civil-law countries, notarial fees for property transactions and corporate work are set in official fee schedules, reflecting the higher legal responsibility those notaries carry.

How to Become a Notary Public

The commissioning process is controlled by state or national authorities and varies significantly by jurisdiction. However, the basic path in most U.S. states follows a similar pattern.

Typical steps to become a notary:

1. Meet eligibility criteria – Be at least 18 years old, be a legal resident or employed in the state, and have no disqualifying criminal convictions

2. Complete required education – Some states mandate training courses; others don’t

3. Pass an examination – Required in states like California and New York

4. Submit an application – File with the secretary of state or commissioning authority

5. Pay required fees – Application and commission fees vary by state

6. Obtain a surety bond – Many states require a bond filed with the county clerk

7. Take an oath of office – Administered before the commission becomes effective

8. Order official supplies – Seal, journal, and certificates
   
   

After receiving appointment, new notaries must learn how to complete standard notarial certificates, understand what constitutes acceptable identification in their state, and familiarize themselves with any journal-keeping requirements.

The process differs dramatically in civil-law jurisdictions. Becoming a notary may require a full law degree, multi-year apprenticeship, and competitive national examinations. In countries like France or Germany, notarial positions are highly coveted and limited in number.

Maintaining a Notary Commission

Commissions are typically granted for a fixed term—four years in many U.S. states—after which renewal procedures must be completed before expiration.

Ongoing obligations include:

• Complying with new legislation and rule changes

• Safeguarding seals and digital certificates from theft or misuse

• Keeping journals or electronic logs as required by law

• Avoiding conflicts of interest in any transaction

• Keeping contact information current with commissioning authorities

• Reporting lost or stolen seals immediately
  
  

Failure to renew on time can require re-application from scratch and temporarily interrupt a notary’s ability to perform notarizations. Many jurisdictions now offer or require continuing education to ensure notaries stay informed about updated identity-verification standards and emerging technology like remote online notarization.

Common Law vs. Civil Law Notaries

Two main global models of notarial practice exist in the 21st century, and understanding the difference matters—especially for documents crossing international borders.

Common-Law Jurisdictions

In common-law jurisdictions like the United States, England and Wales, and Canada (outside Quebec), notaries mainly authenticate signatures, certify copies, and handle documents for domestic and international use. These notaries typically work alongside solicitors or attorneys, and non-attorney notaries cannot draft complex legal instruments or offer legal advice.

The notary’s role is limited but essential: they verify identity, witness signing, and certify that proper procedures were followed. The document’s legal content remains the responsibility of the parties and their attorneys.

Civil-Law Jurisdictions

In civil-law jurisdictions like France, Spain, Germany, and much of Latin America, notaries are fully qualified legal professionals who prepare and authenticate deeds, wills, marriage contracts, and corporate documents. These notarial deeds carry high evidential weight in court and are often recorded in public registers.

Civil-law notaries are responsible for keeping archives over many decades, ensuring that records of property transfers, corporate formations, and other significant transactions remain accessible for future reference. Their role combines elements of what common-law systems split between lawyers, judges, and government registrars.

Country and Region Examples

Australia: Notaries are typically senior lawyers appointed by state Supreme Courts, authorized for life, and focused heavily on documents intended for overseas use. An apostille is commonly required for international recognition, especially for documents that need an apostille for acceptance abroad.

Brazil: Notarial offices are privately run, but notaries are appointed through public selection processes. They handle property transfers, wills, and corporate acts as official public authorities with significant responsibility.

Canada: The system varies by province. British Columbia has broad notarial practice, Quebec maintains civil-law notaries who are full legal professionals, and other provinces have more limited notarial roles.

Hong Kong: Experienced solicitors are admitted as notaries, and their instruments are frequently used in cross-border business. Documents often require an apostille for recognition in foreign jurisdictions.

When and How the Public Should Use a Notary

Notary services become relevant whenever a document will be relied on by courts, government agencies, banks, or foreign authorities. Understanding when notarization is required—and how to prepare—helps ensure smooth transactions.

Common situations requiring notarization:

• Real estate transfers and deeds

• Long-term leases

• Financial powers of attorney

• Healthcare directives and living wills

• Estate planning documents

• Adoption records

• International business contracts

• Affidavits for litigation or immigration
  
  

Many affidavits and statutory declarations used in court proceedings, immigration applications, and administrative procedures must be signed under oath before a notary or similar authorized official.

How to prepare for your appointment:

For documents intended for use in a foreign country, you may need to obtain an apostille or consular legalization after notarization. Understanding the key differences between a notary and an apostille can help you determine which steps are necessary. Whether this additional step is required depends on whether the destination country is party to the Hague Apostille Convention.