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.

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.  1) You must be at least 18 years old. 2) 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.

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?

Do I need to bring witnesses?

How much does it cost to get a document notarized?