Notary public

Notary Public

A Notary Public is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. A Notary's main functions are to administer oaths and affirmations, take affidavits and statutory declarations, witness and authenticate the execution of certain classes of documents, take acknowledgments 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 perform certain other official acts depending on the jurisdiction.

History

The office of a public notary is a public office and has a long and distinguished history. The office has its origin in the civil institutions of ancient Rome. Public officials, called scriba, that is to say, scribes, rose in rank from being mere recorders of facts and judicial proceedings, copiers and transcribers to a learned profession prominent in private and public affairs.

Duties and Functions

The duties and functions of a Notary Public can vary significantly from one jurisdiction to another. In the United States, for example, a Notary Public is primarily authorized to witness the signing of documents, administer oaths, and perform other wide-ranging administrative functions of a national and international nature. In some states, a Notary Public may also certify the contents of a safe-deposit box.

In other countries, such as the United Kingdom, the role of a Notary Public is more extensive, with powers to negotiate, draft, and review legal documents and give legal advice.

Qualifications and Appointment

The qualifications required to become a Notary Public also vary from one jurisdiction to another. In most cases, a person must be of a certain age, be a citizen of the jurisdiction, be of good moral character, and have received specific legal training. The appointment of a Notary Public is usually for a fixed period and requires renewal on expiry of this period.

Notary Public vs. Civil Law Notary

In many civil law jurisdictions, a Civil Law Notary is a legal professional with similar duties to a Notary Public in common law jurisdictions. However, a Civil Law Notary is a fully qualified lawyer who has chosen to specialize in notarial work. Their role is much more extensive than that of a Notary Public in common law jurisdictions.

See Also

• Civil Law Notary
• Scriba
• Affidavit
• Power of attorney