The Most Commonly Asked Questions Regarding Notary Publics and Responsibilities
What is a Notary Public?
A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business.
What types of documents can I notarize?
Although it's a common misconception, Notaries don't notarize documents. Instead, some documents-- including deeds, powers of attorney, contracts, and more-- require that the signer acknowledge that he or she is signing the document. Specifically, the signer is acknowledging a few things: that he or she understands the contents of the document; that the signature provided is his or her own; and that he or she signed the document willingly. Thus, the Notary isn't notarizing the document itself but is instead notarizing acknowledgments, oaths, signatures, affirmations, and verifications.
The notary public completing this signing verifies only the identity of the individual who signed the document, and not to the truthfulness, accuracy, or validity of the document itself.
Can I notarize something for a spouse? What about other family members?
Many new Notaries wonder if it's acceptable for them to notarize something for a spouse or family member. Some states have laws in place that prevent Notaries from performing notarial acts for spouses and family members. Other states, including California, allow Notaries to perform notarial services for relatives or spouses as long as they aren't named in or beneficiaries of the transactions referenced in the document. The primary issue is that Notaries must be impartial witnesses, so they must not have any vested interest in the outcome of the transaction. If a Notary Public has any doubt regarding whether he or she can be an impartial witness, he or she should advise the spouse or relative to work with another Notary.
In Vermont, a notary can generally notarize documents for family members, but they should avoid situations where they have a direct financial or beneficial interest in the transaction, or where their impartiality could be questioned.
Can I notarize something if I didn't see the person sign the document?
What if a person brings a Notary something to notarize but they've already signed the document beforehand? It's still okay to notarize as long as the person is there to acknowledge that he or she was the one who signed the document. This can not be accomplished through phone, email, or fax. The Notary must see the signer in person and verify his or her identity before notarization takes place. The only case where someone does not need to sign a document in front of you is when you are performing a Remote Online Notary (RON). Remote Online Notary performs the same function digitally, using technology to verify identities and conduct notarizations remotely.
Can I still become a notary if I have a criminal record?
Many states will allow applicants to become Notaries with minor crimes in their backgrounds, as long as those crimes aren't related to dishonesty or fraud. However, some states disqualify any applicant who has a felony charge in his or her background, regardless of the type of crime committed. In California, applicants can't have a felony conviction or a conviction for a crime involving moral turpitude.
In Vermont, there are 4 requirements to being a notary public:
- You must be at least 18 years old
- You must be a legal resident of Vermont or have a place of employment within the state
- You must be able to read and write English
- You cannot have any felony convictions unless your rights have been restored
What forms of identification are acceptable?
In Vermont, acceptable forms of identification for a notary public include a current or expired (not more than 3 years) passport, driver's license, or government-issued non-driver identification card. If the documents originated from another state, those state laws could supersede Vermont laws when it comes to proper forms of identification. For example, other states may not allow an expired passport.
I'm a notary. Can I notarize this document?
No, in Vermont, a notary public cannot notarize their own documents or those where they have a direct beneficial interest, as this creates a conflict of interest.
Can you notarize a document for a family member?
Yes, a notary public in Vermont can notarize a document for a family member, including a spouse or relative. However, notaries should be careful to avoid conflicts of interest. Notaries should not notarize documents if they have a direct or indirect financial interest. Notaries should not notarize documents if they are a party to the transaction. Notaries should not notarize documents if they have an emotional interest that could cause them to influence the signer. Notaries should help their relative find a non-related notary if they decide not to notarize.
How do I sign the document?
To sign a document for a Vermont notary public, present your valid, government-issued photo ID, wait for the notary to verify your identity, and then sign the document in their presence.
What is the process for notarization?
Notarization involves a notary public verifying a signer's identity, witnessing their signature on a document, and affixing their seal and signature to the document, ensuring authenticity and preventing fraud.
Here's a more detailed breakdown of the process:
1. Preparation:
Gather Necessary Materials: Ensure you have the document to be notarized, a valid government-issued ID for the signer, and a notary public available.
Verify Document Completeness: Make sure the document is fully completed, with no blank spaces, as some states require this.
Understand the Notarial Act: Determine if the document requires an acknowledgment, jurat, or copy certification, as each has specific requirements.
2. Notarization Process:
Personal Appearance: The signer must appear in person (or remotely via audio and video conferencing in some states) before the notary public.
Identity Verification: The notary verifies the signer's identity using a valid government-issued ID, such as a driver's license or passport.
Document Review: The notary visually scans the document to ensure it's complete and that no blanks are present.
Signer's Consent: The notary confirms that the signer understands the document's contents and is signing willingly.
Witnessing the Signing: The signer signs the document in the presence of the notary.
Notary's Seal and Signature: The notary affixes their seal and signature to the document, along with the date and other required information. The state of Vermont does not require the Notary to use a stamp or seal. The notary signature is all that is required in this state. However, since many documents are interstate, it's always better to use your stamp or seal.
Record Keeping: In some jurisdictions, the notary records the notarization in a notarial journal. Vermont law does not require a notary to keep a record of his/her official acts, but it is recommended to do so. A record book will offer an excellent way of recalling past notarial acts.
3. Types of Notarial Acts:
Acknowledgments: Used for documents controlling or conveying ownership of valuable assets, such as real property deeds, powers of attorney, and trusts.
Jurat: Used for evidentiary documents, such as affidavits, depositions, and interrogatories, where the signer swears or affirms the truthfulness of the document.
Certified Copies: Used to confirm that a reproduction of an original document is true, exact, and complete.
Can a notary public certify a copy of a birth certificate or other vital documents?
No, a notary cannot typically certify a copy of a birth certificate because these are vital records, and only the issuing agency (like a state's vital records office) can issue certified copies.
Do I need to bring witnesses?
While a notary public's primary role is to verify identities and ensure signatures are voluntary, witnesses are not always required for a notarization, but they may be necessary depending on the document type. Before contacting a notary, be sure to ask the originator of the documents if a witness is required. In the state of Vermont, some documents do require 2 witnesses. In most cases, the notary can be one of the witnesses.
How much does it cost to get a document notarized?
In Vermont, the cost to notarize a document can vary, but some locations offer free notary services, while others charge a fee. For example, some town clerks offer free notary services, while online notarization services may charge a fee per meeting and per additional seal. My fees vary depending on travel and the complexity of the document.