A public law (or notary) customary notary is a public official, established by law to serve the public in non-controversial issues generally related to property, acts, prosecutions and foreign and international affairs. The main functions of a notary must take oath and statements, take depositions and statutory declarations, witness and authenticate the execution of certain types of documents, take acknowledgments and other means of communication, notes of protest and bills, providing notice of drafts foreigners, to prepare maritime or naval demonstrations in case of damage, provide exemplary and authentic copies and perform other official acts in accordance with the jurisdiction. Any such act is known as notarization.
A notary has to examine the signatories of documents important for their true identity, their willingness to sign without coercion or intimidation, and the knowledge of the content of the document or transaction. Some legal recognition also requires that the notary submits the petitioner to an oath, declaring under oath that the information contained in a document is true and correct. Property titles, wills and powers of attorney are examples of documents that usually require a notary.
Impartiality is the basis of the public trust of the notary. They have a duty not to act in situations where they have a personal interest. The public is sure that the Notary's selection tasks have not been corrupted by personal interest. And justice requires that a notary never refuses to serve a person based on race, nationality, religion, politics, sexual orientation or non-client status.
As official representatives of the Notary certify the completion of many documents of private citizens who change their lives, if these various transactions transmit real estate, lawyer, establish a prenuptial agreement or perform the multitude of other activities that allow our civil society work.
Through the notary certification process, notaries dissuade frauds and establish that the signer knows the document he signs and is willing to participate in the transaction.
In general, a notary will ask you to see a current ID with a photo, a physical description, and a signature. Acceptable credential usually includes a driver's license or passport.
Unlike notaries in foreign countries, a notary in the United States is not a lawyer, a judge or a senior official. A notary in the United States is not the same as a notary, and these differences can confuse immigrants when they approach the notaries in this country. Notary officer in the United States should be very clear about what they can and cannot do to serve immigrants in the right way and avoid problems with notaries.
Notary at any American embassy or consulate abroad can provide a service similar to the functions of a notary in the United States. It is also possible to have a notarized document from a local foreign notary and authenticate the document for use in the United States. In countries that are part of the Hague Apostille Convention, this is a simplified procedure
Notary and authentication services are one of the oldest traditional consular functions that date back to State I, Section I, Chapter 24, of April 14, 1792, "an act of Consuls and Vice." check out 22 U.S.C. 4215; 22 Code of Federal Regulations (CFR) 92.2; Rule 44(a) (2) FRCvP, 28 U.S.C. Appendix; Rule 902 (3) FREv, 28 U.S.C. Appendix; 28 U.S.C. 1740; 1741; 2 U.S.C. 4221 et seq. Only persons designated as "notaries" can certify or notarize a document at a US consulate or embassy. Check out 22 C.F.R. 92.1(d). The term "notarized authentication of recognized officers" in an Embassy or Consulate of the United States includes consular officers, Foreign Service employees who are ambassadors or Legation secretaries under 22 of the United States 4221 and American citizen officials As deputy secretary of state for services to citizens abroad, they can designate for the purpose of carrying out notary deeds abroad.
Denial of notary services and authentication by notary officials can only be carried out under limited circumstances (22 CFR 92.9, 92.10). The basis for refusal includes
(a) Acts not authorized by a treaty or permitted by the laws of a foreign country;
(b) Acts prohibited by United States laws or regulations (such as regulations promulgated under the Enemy on Commerce or the successor statute); or
(c) If the official notary believes the document will be used for a purpose that is illegal, improper or contrary to the best interests of the United States.
Recognition:
"To recognize" is to admit, to affirm or to declare; recognize your actions, assume an obligation or incur liability. For example, if a deed is signed before a notary officer, the signature is confirmed.
Oath:
Any form of certification by which a person intends to be obliged in conscience to perform a deed faithfully and truthfully. A person who deliberately makes false statements under oath before a US certification officer is punishable by false testimony (22 U.S. 4221).
Affirmation:
A solemn and formal declaration that a sworn statement is true, and that the witness will tell the truth, etc.
Declaration:
A written or printed statement or statement of fact voluntarily made and confirmed by the oath or statement of the person who made it, before an officer who has the authority to take an oath.
Attestation:
An act of witnessing a written instrument at the request of the party that executes the document and signs it as a witness.
Corporate Recognition:
Company executives who wish to execute an instrument within their board's capacity before a consular officer is required to provide adequate evidence of their corporate identity.
Debi G Hill, CPA