Legal Documents

In October of 1981, the United States became part of the 1961 Hague Convention. This abolished the Requirement of Legalization for Foreign Public Documents. Countries that have joined the convention are able to take advantage of a simplified version of a certified legal documents. This include notarized documents.

Due to the existence of the Hague Convention, all countries that have joined agree to recognize public documents that are issued by other countries, as long as they, too, are members of the Hague Convention. The public documents must have authentication in the form of an attachment that is internationally known and recognized. This form of authentication is known as an apostille.

-The point of the apostille is that it ensures and validates that the public document issued in one country will be valid and recognized in another country,as long as both of those countries belong to the Hague Convention. This form of authentication assures the legality of such a document.

-When used in a foreign country, it may be necessary use authentication to have a legally recognized notarized or certified document. Foreign countries usually require a document to go through the authentication process before that document will be legally accepted. The authentication certifies that the signature of the official who issued the document is legal.

-The apostille is used to certify the legality and authentication of the signature on the legal document; it also certifies the authentication of the seal affixed to the document.

-If the apostille is issued by a state, then the apostille will consist of a one page document with an embossed seal of that state stamped onto it. For example, if the apostille is issued in New York, it will be embossed with the Great Seal of the State of New York. This procedure for authentication holds true for most states. The apostille also includes the replicated signature of the individual in charge of issuing the certificate or document.

-Most documents that are submitted to a state for official authentication must be notarized before they are submitted for approval. They must also have the signature of the notary public certified at the office of the county clerk. That office should be located in the area that the notary is qualified to perform such duties. It will then be up to the county clerk’s office to affix its official seal and signature to the document. These documents should then be submitted through mail or in person to the Department of State’s Certification Unit or State Records office.

-Some states may charge a fee for issuing an apostille. This fee may vary depending on the state. One should check with their Department of State to find out the applicable fee for authentication process. For example, the state of New York has a processing fee of $10.

About the Notary Public

The job requirements of a notary public can vary, but some duties remain consistent. A notary public, or public notary as it may be called, is a public officer granted by law to serve the public in non-confrontational matters. Non-confrontation matters can refer to any thing involving estates, deeds, powers-of-attorney, official government document, and business law. A notary public is legally unable to participate in any activity that falls under the category of law practice, unless, of course, they are a licensed attorney in addition to a public notary.

-A notary public may be called upon to perform a variety of duties and assignments. Each day as a notary public may different from the last. A notary public will however be commonly called upon for certain tasks.

-A public notary is often required to give oaths and affirmations, take affidavits and statutory declaration, and witness and authenticate certain types of legal documents, particularly contracts. All of those actions fall under the job description of a notary public. The term notary public can only refer to common law notaries. Another type of notary is a civil notary.

-Notarizing any legal document or contract is necessary for a public notary to do; most documents cannot be used officially for legal purposes unless it is notarized. Getting a document notarized requires a notary public to witness the person involved with the legal issue sign the that documents are required. The public notary then stamps the document with a notary seal, giving the document its official legal power that is necessary for it to be used in a court of law. A notary public is then required to attach a notarial certificate to the document. This shows the legal enforcement of the document, done by the person or people who appear before the notary public.

-After notarizing the original documents, the originals or duplicate original documents are then filed and stored in the archives of a notary for possible future proof or reference.

-Every United States attorney or court reporter must be a legalized notary public. This makes them capable of notarizing documents and performing other notary public job fulfillment’s when necessary.

-A notary public must be appointed by a government authority, such as a court. It’s also possible for the a Society or Faculty of Notaries Public to appoint a notary. For a notary-at-law, the position is usually life-long. However, a public notary known as a lay notary is only commissioned for a short term. This lay public notary may have the possibility of having the position extended or renewed at the discretion of the individual or company that commissioned them.

-There are an estimated 4.5 million individuals who hold the title of notary public in the United States.

-A notary public must always undergo special training, although requirements for public notary licensing change depending on the location. In some countries and states, a notary public must undergo a special training course to learn how to correctly perform their notarizing duties. An individual training to be a notary public may also required to serve as an apprentice before being licensed to practice their profession. In many countries, even licensed attorneys must follow a special order of study to become a public notary. They also may be required to have a mentor for two years before being allowed to practice as a notary public.

-Many a notary public in the United States falls under the category of lay notary. A public notary may not participate in any activity that could be construed as the practice of law unless they are also qualified attorneys.

National Notary

There are can be many reasons why an individual may one day need the notary services of a qualified notary public. Any individual that plans on purchasing a home or property, refinancing a mortgage, or filing a lawsuit may need a notary public. In all of these instances, plus many more, notary services will be required. Almost every individual will have to get at least one document notarized in their life.

-Different establishments may specialize in different types of notarization. A law firm that handles commercial or private real estate may have notary publics that specialize in that field. Depending on the type and place of employment, notary services that are offered will vary. However, there are some notary services that are universal.

-Some matters that a notary public may be asked to perform can be concerned with estates, deeds, powers-of-attorney, the notarizing of government documents, and business law.

-The main job functions of a notary public vary. Some notary services that licensed notary publics perform is giving oaths and affirmations, taking affidavits and statutory declaration, and witnessing and authenticating certain types of documents. All of those actions are considered to fall under the category of notary services

Notary services that are available to the public do not just apply to those who need a document notarized or need the services of a notary public. There is also help for individuals who are professional notary publics.

-Once an individual becomes a notary public, there are many resources available to them to help them stay up to date with notary trends as well as finding notary employment and re-certification processes. The main organization for United States notary publics is the National Notary Association.

-The National Notary Association was established in 1957. Currently, the National Notary Association the leading authority on the American Notary office, although there are other organizations that provide similar notary services for notaries public.

-The National Notary Association was founded in order to educate and serve the nation’s 4.8 million Notaries. The National Notary Association is a constantly updated system of networking resources for notary publics with hundreds of thousands of members.

-The National Notary Association does not just provide notary services for individuals who are already notaries. There are 4.5 million licensed notaries public in the United States, with that number growing on a daily basis. The National Notary Association supplies information about every step of the process of becoming a notary public. The organization provides information on notary public training courses, educational information, local notaries public, and notary public testing information. Since one must become certified to be a notary public, part of the notary services offered by the National Notary Association consist of providing information on certification testing dates and locations. Some centers offer notary public certification testing on a weekly basis while others offer the test on select dates. The test is first-come, first-served; there is no making a reservation to take the test.

Becoming A Notary Public

A notary, often referred to as a notary public, is a public officer granted by law to serve the public in non-confrontational matters. These matters that a notary will be called into use for can be concerned with estates, deeds, powers-of-attorney, the notarizing of government documents, and business law.

-The main job functions of a notary public vary. A notary public is often required to give oaths and affirmations, take affidavits and statutory declaration, and witness and authenticate certain types of documents. All of those actions are considered to fall under the job category of notarizing. The term notary public only refers to common law notaries. These common law notary publics should not be confused with civil law notaries.

For the purposes of authentication, notarizing any personal documents is necessary before they can be used or officially recorded to have any legal effect. The process of notarizing a document begins with a notary public witnessing the signature of the party involved in the legal issue. The notary then stamps the document with a notary seal, giving the document official legal power. A notary then attaches a notarial certificate to the document, making it valid. The person or people who appear before the notary are known sometimes as “appearers.”

-After notarizing the original documents, the originals or duplicate original documents are then filed and stored in the archives of a notary for possible future proof or reference.

-Every United States lawyer or court reporter is required to be a legalized notary public, capable of notarizing documents and performing other notary duties when necessary.

-A notary public must be appointed by a government authority, such as a court. It’s also possible for the a Society or Faculty of Notaries Public to appoint a notary. For a notary-at-law, the position is usually life-long. However, a notary public known as a lay notary is temporarily commissioned for a short term. This lay notary may have the possibility of having the position extended or renewed.

-There are an estimated 4.5 million individuals who hold the title of notary public in the United States. Notarizing is an important act in any legal process as signatures and acknowledgment of actions are a universal requirement for document authentication.

-In some countries and states, a notary public must undergo a special training course to learn how to correctly perform their notarizing duties. An individual training to be a notary public may also required to serve as an apprentice before being licensed to practice their profession. In many countries, even licensed attorneys must follow a special order of study to become a notary public. They also may be required to have a mentor for two years before being allowed to practice as a notary.

-Many a notary public in the United States falls under the category of lay notary. A notary public may not participate in any activity that could be construed as the practice of law unless they are also qualified attorneys.

Document Notarized

Most individuals will need a document notarized for legal reasons at least once in their life. Notaries or notary publics are certified individuals who have gone through training and are legally licensed to witness the signing of legal documents. Notary publics are able to verify the authenticity of such a document and determine whether or not it is legally applicable. In the United States, there are resources in each state that will help an individual find a local notary public. To notarize a document, there are several steps that an individual should take and many different options that they have.

-The first step that an individual should take to getting a document notarized is to consult their bank. Banks generally handle a great variety of legal documents including mortgage contracts and business applications. These are documents that require certification or notarization. Because they handle such a high volume of legal documents, many banks already have a number of staff members that are legally able to notarize these documents. If an individual uses their own bank where they currently have a checking or savings account, the bank will be more likely to notarize the document for free.

-Local government or City Hall offices have legal documents notarized on a daily basis. Finding out if they notarize documents for the public is a good step to take.

-Locating a local notary public is as easy as turning on a computer. With 4.5 million licensed notary publics in the United States, getting a document notarized is a quick and easy process. There are many different notary publics for an individual to choose from. An Internet search will turn up every local notary public that will be willing to notarize a document for an individual. One can search for a notary public by city and state.

-A local post office or mailing center such as Federal Express may be able to notarize a document for an individual. Since mailing centers and post offices deal with such a large number of legal issues and documents, like banks, they may have their own notary publics working for them to get documents notarized. Also like banks, they may be willing to notarize a document at no cost.

-All United State law offices are required to have notary publics on the premises; more than any other type of company, law offices have to notarize legal documents. United States attorneys are required to be licensed notary publics. Although most law offices will require payment for notarizing a legal document, they are most knowledgeable about the legal document that needs to be notarized and may advise an individual about the document before they notarize it.

-Many schools and educational centers often have notaries public on their staff. Trying to get a legal document notarized through a school is beneficial in another way too; if the school is unable to notarize the document, they will be able to refer to to someone who will. The school will be knowledgeable about credible notary publics in the area.

Mobile Notary

A typical notary public is commissioned by their state of residence to witness the signing of important legal documents, validating their authenticity. Usually, this service is performed in a notary office, law office, post office, or bank. A mobile notary public will offer standard notary services to those who are unable or unwilling to travel to a notary’s office. A mobile notary is usually in high demand due to their convenience and ease of access. To succeed at the job of mobile notary public, there are some steps that one must take.

-The first step to take to become a mobile notary is applying for commission. Finding out one’s state requirement for mobile notary public certification is possible by checking with the National Notary Association, which is the largest organization for United States notary publics. This organization will give an individual a good idea of the necessary mobile notary public requirements for each state, such as age and background.

-The next step to take in becoming a mobile notary is to buy notary supplies. Both a notary journal and notary stamp are necessary tools that are needed when becoming a mobile notary public. These supplies are available in some office supply stores as well as online; discount supplies may be offered through the National Notary Association.

-Unlike a regular notary who works in an office, a mobile notary must be willing to advertise and promote themselves. Putting emphasis on the fact that an individual is a mobile notary public is an important step to success since many people in need of a notary public would prefer one that is willing to come to them. This can be accomplished by advertising on the Internet, placing an ad in the local phone book, or through word of mouth. Connecting with local businesses that deal with a large volume of legal documents is also a good idea for a mobile notary. Sometimes these businesses will send potential clients to the mobile notary public if they feel they are reputable. Distributing business cards, fliers, and pamphlets is also a good idea.

-A mobile notary public must be willing to travel, as it is the nature of their job. A mobile notary is in demand because of their willingness to travel and they must be prepared to do so. Possible hours could include evenings and weekends.

-Finding out the fees that other notaries charge is essential to being a successful mobile notary public. Setting one’s fees in a mid-level range is a good area to start. One must make enough to earn a living while still fairly charging clientele.

-Establishing contact with a large and successful business like a successful real estate firm can be a potential money-maker for a mobile notary public. A connection with such a company will not only provide the possibility of a steady income but will also have the potential for bringing in many referrals. Making a connection with a big business is important whether or not they currently need a mobile notary public. If they need one in the future, a good connection can transpire in a future opportunity with them, should they ever need a mobile notary public.

Process of Notarization

Many documents need to be notarized before they can be legally applicable and used in a court of law. Notarizing a document is a job for a qualified, licensed notariy public to do. The process of notarization is not a particularly complicated one. An individual who is a licensed to perform a notarization has already undergone the necessary training and testing needed to become certified and is aware of the actions that are needed to be taken in order for a successful notarization to occur.

-The process of notarization provides a valuable function: notarizing a document establishes a legal credibility to a document by establishing that the signatures on that document are in fact authentic.

-Notarizing a document is a process that begins with a notary public reviewing the legal document in question. The documents should be carefully scanned for any mistakes before the actual notarization takes place. If a document is improperly notarized, a costly lawsuit could be launched against the notary public. Checking for proper wording in the legal document is imperative to notarizing a document correctly.

-When an individual gets a document notarized, they are required to show proper identification to secure the notarization signature. A notary public must make sure to carefully check the individuals identification. If a notarization with improper identification is processed, the notary public could be at risk for a serious lawsuit.

-Notarizing a document correctly also requires the notary public to speak at length with the client about the document they are signing. Explaining the actual document is necessary, as any individuals do not take the time to carefully read over a contract or legal document before having it notarized. Ensuring that the client understands the document is an important step in the notarization process.

-It may be required for the notary public to administer an oath to the client. Although not always applicable, this oath ensures that the client understands what is written in the legal document that the notary public is notarizing.

-Next in the notarization process comes the actual signing of the document. The notary public is required to have the client sign in the necessary place for the document to become legal and binding. There may be many signatures required or only one; either way, it is the notary’s responsibility to see that the client is correctly notarizing the document.

-Next, when notarizing a document, a notary should take care to record the notarization in a notary journal. All notary publics are required to have such a journal. Keeping track of all notarization procedures is necessary to stay organized and avoid possible legal trouble.

-Some notaries may perform notarization for free. However, notary publics that charge for notarization should collect the fees for the notarizing process at this point in time

-Finally, the notary must affix the notary seal and signature to the document. Without this step, the entire notarization process is null and void. The seal and signature signify that the notary and the client have both legalized this document.

Notary Seal

Notary seals, or stamps are one of the most important tools that a notary public uses to do his or her job. Notary seals are sometimes referred to as stamps. Notary seals are the way that the authenticity of the signatures on a legal document is confirmed. Affixing a notary seal to the legal document that has been notarized is the last and most important step in the notarization process and the only way that a legal document is legally admissible.

-When an individual decided to become a notary public, there are certain steps that must be taken. Notary publics are responsible for having their own supplies. A notary seal or stamp is one of the most important notary public supplies that an individual can obtain.

-In most states, notary seals, whether ink or an embossed seal, is necessary to validate the legality of a notarized document. These notary seals can only be purchased from a company that sells notary public supplies.

-Different notary seals may be used in different states and are available for purchase through some office supply stores as well as a variety of Internet companies. Some of these companies may specialize in selling notary public supplies and it is through them that an individual may be able to get competitively priced product.

-Notary public supplies such as notary seals can wear out over a period of time. Before purchasing new notary seals, an individual must deface or destroy their former notary stamp. Otherwise, they may be susceptible to a lawsuit should the stamp be used in an unauthorized way.

-Any store that is able to see notary public supplies must comply with the state regulations of various notary seals. Since the information and general look of notary seals may differ from state to state, stores that sell notary public supplies are required to keep abreast of any changes that may be made within the laws of that particular state with regards to notary stamps.

-Before selling notary seals to individuals, the authenticity of the certification held by the consumer must be confirmed by the store selling notary public supplies. Otherwise, the store selling notary public supplies may be held accountable for an unauthorized use of notary seals.

-Most states require an ink stamp for their form of the authentication and notary seals. Depending on the state, there may be a choice between ink notary seals or an embossing seal. An embossing seal must be photographically clear to be valid, as notary stamps must be easily viewed and legible. In those cases, the decision lies in the hands of the individual notary public and discretion should be used by that individual. Some states demand that their notary seals be ink stamps and embossing seals are not legally acceptable. Very few states require neither an ink or embossing notary stamps; in fact, only seven states have banished notary seals or stamps from notarized paperwork.

Notary Stamps

A notary stamp is one of the most important tools that a notary public uses to do his or her job. Notary stamps are sometimes referred to as “seals” and are a way of certifying the authenticity of a the signature on a legal document. Affixing a notary stamp to the legal document it is the last and most important step in the notarization process.

A notary public that possesses a notary stamp should be aware of several factors of notary stamp ownership.

-Keeping one’s notary stamp under private control at all times is essential. Notary stamps could be a tool that is used to commit fraud and allowing unguarded access to one’s notary stamp can easily result in unauthorized use. A notary public could be liable for a lawsuit if they do not maintain strict control over their notary stamp.

-Once an individual obtains a particular notary stamp, it is theirs and theirs alone to keep. Notary stamps are the sole property of the individual that becomes certified to use them. When working as a notary public under any employer, the employer has no legal right to use, control or keep one’s notary stamp, whether or not they paid for it.

-If an individual loses their notary stamp, the loss must be immediately reported to state notary authority. Failure to do so may result in legal persecution against the individual owner of the notary stamp.

-If a person’s notary stamp expires, or if that person has their name changed, a new notary stamp must be issued and the old one must be destroyed. Notary stamps cannot be left unattended whether or not they are still legally able to be used.

-Whether or not one needs a notary ink stamp or embossing seal is left entirely up to the state in which the notary public is certified to practice in. Finding out this information is necessary. It is also important to find out what must appear on the notary stamp or seal. This task can be accomplished by looking into the state statutes for the complete information about that particular state’s notary stamp requirements. Every state has a different law when it applies to using a notary stamp.

-Most states require an ink stamp for their form of the authentication and the notary stamp. Depending on the state, there may be a choice between an ink notary stamp or an embossing seal. An embossing seal must be photographically clear to be valid, as a notary stamp must be easily viewed and legible. In those cases, the decision lies in the hands of the notary public and discretion should be used by that individual. Some states demand that their notary stamps be ink stamps and embossing seals are not legally acceptable. Very few states require neither an ink or embossing notary stamps; in fact, only seven states have banished the notary stamp or seal from notarized paperwork.

Notary Public

At some point in every individuals life, they will most likely find themselves in need of a notary public to notarize a document for them. Notarized documents carry legal weight that other documents cannot: to have a document notarized is to declare that document as legally applicable and authentically signed. When it’s time to find a notary, there are different paths that one can take.

-An Internet search is a good way to find a notary that is local and qualified. Law firms always have qualified notary publics on hand due to the fact that attorneys in the United States must be certified notary publics as well. Checking out an individual notary publics’ website is a good way to see if the notary public is qualified. Often, websites that advertise many services will have a section called “testimonials.” This is the section where one looking to find a notary may look to see what experiences that other people may have had with the notary public.

-Another way for an individual to find a notary is to rely on word of mouth. Since so many people have needed to find a notary public, many of them may have a recommendation about which notary public is skillful and knowledgeable. Many notary publics rely on this word of mouth to make a living.

-Another way to find a notary public is to ask around at local banks, post offices, and schools. Because of the high volume of legal documents that these businesses deal with on a regular basis, they may actually have a staff of notary publics. If they don’t they will more than likely to be able to point an individual in the right direction to find a notary public.

-A common reason to need to find a notary public is to legalize documents relating to many aspects of home mortgages. Because of this, a notary signing agent who specializes in real estate notary might be the best option for the individual looking to find a notary public.

-A notary signing agent is responsible for all of the usual duties of a regular notary public with one difference: a notary signing agent has specialized training and experience in the “signing” area of the “closing” transaction when buying, selling and refinancing a home. The notary signing agent is also qualified to notarize any legal documents as will as serve as witness to the signing of any other necessary documents.

-The job of notary signing agent is similar to the job of mobile notary public in regards to the fact they a notary signing agent will usually be willing to travel to the location of the client in order to notarize the necessary documents. This distinction puts a notary signing agent in high demand as many people do not wish to travel to an office to have a document notarized. The difference is that a notary signing agent can usually be found working for a mortgage company while a mobile notary public is in charge of finding their own clients.