Manual For Notaries Public

Everybody knows what a notary public does, right? Actually, there is much misunderstanding and confusion about what the proper role and duty of a notary is. A notary public does not "legalize" documents, or verify the accuracy or truthfulness of the content or statements made in a document, and yet the role that a notary plays in ascertaining the identity of the person who signs a document, placing that person under oath, if required, and determining the signer's intent and willingness to consent to the transaction is vital in modern society. A notary public is a public official commissioned by the Secretary of State to administer oaths and affirmations, take acknowledgments, witness signatures, and perform other duties as permitted by state law. A notary should be familiar with the Idaho notary laws and to follow the standards of reasonable care for performing a notarial act.

I n Arizona, a notary public is a public officer commissioned by the Secretary of State to perform notarial acts, as defined in the Arizona Revised Statutes (see Chapter 5). A notary, in essence, serves as an impartial witness pursuant to A.R.S. § 41- 328(B). Government offices, businesses and the public rely on the accuracy and integrity of notaries public. This means the notary should take the required steps to authenticate signatures and ensure that all notarizations are properly completed and performed. Many documents require a notarization in an effort to deter fraud, to prove the authenticity of the signature and to ensure that a signature was made willingly and not under duress. Therefore, it's essential that a notary accept a valid form of identification, as defined in statutes, to determine that a signer is who he or she claims to be. Because the prevention of fraud and deception is central to the notary's role, it is essential that a notary have no conflict of interest when notarizing a document.

What is a Notary Public? A notary public is a public officer appointed and commissioned by the Governor whose function is to administer oaths (or affirmations); to take acknowledgments; to attest to the trueness of photocopies of certain documents; and to perform other duties specified by Florida law.

We are pleased to provide you with this Missouri Notary Public Handbook. We appreciate the responsibility that comes with being a notary in the State of Missouri, and know the work you do as a notary instills additional confidence in the documents that are vital to our state and economy. This handbook is provided in print and online to more than 60,000 notaries across the state, each of whom takes acknowledgements, administers oaths and affirmations, and certifies that copies of documents are true copies. The powers and responsibilities of a notary are described in the Missouri Revised Statutes Chapter 486. The provisions of this statute are included in this handbook for your convenience. In addition to the statutes, this resource provides general information related to your role as a notary, a glossary of important terms and copies of key application forms to assist you in the administration of your notary duties.

The Department of Licensing has worked to keep the notary public application process as simple as possible. A prospective notary need only submit a complete application, proof of a $10,000 surety bond, and appropriate fees to the Department of Licensing in order to begin the process. Once an applicant has completed all application requirements and proven that he or she is eligible, the Department will have a new certificate of commission mailed out promptly. New in 2018, notaries public can also apply for an electronic records notary public endorsement, which allows the notary to perform notarial acts on electronic documents as well as paper documents. The application process is similar to the application process for the commission, and can be done at the same time or separately.

INTRODUCTION - This handbook is intended as a general guide and is designed to assist non-attorney notaries with the general requirements, duties, powers, limitations, liabilities, and legal significance of their actions as a notary public. Legal counsel should be consulted whenever specific problems or questions arise concerning any aspect of the office of notary public. THE NOTARY?S FUNCTION - A notary public is a public official whose powers and duties are defined by statute. A notary acts as an official, unbiased witness to the identity and signature of the person who comes before the notary for a specific purpose. The person may be taking an oath, giving oral or written testimony, or signing or acknowledging his or her signature on a legal document. In each case, the notary attests that certain formalities have been observed. The key function is to be certain that the person appearing before the notary is who that person claims to be.