Banking 101: What is a Notary Public?

A notary public is a public official appointed by state government who verifies the authenticity of important transactions and serves as a witness to the signing of important documents.

The official act of verifying identity and witnessing the signing of documents is called notarization, and is commonly part of business in local government and legal proceedings, as well as when a public official is sworn in.  A notary public helps prevent fraud by verifying the authenticity of important transactions. The process of notarization by a third-party witness may reduce the number of legal disputes and lawsuits that might otherwise arise. Most banks and credit unions have a notary public on staff for customers who need documents notarized.

Notaries public are appointed by the governor or secretary of state for a term of three to seven years. A notary is expected to follow written rules, must be a resident of the state where they are commissioned, and must be at least 18 years of age. A notary is duty-bound not to act in situations where they have a personal interest. They must also never refuse to serve a person due to race, nationality, religion, politics, sexual orientation, or status as a non-customer.

When Do You Need a Notary?

As official representatives of the state, notaries public certify the proper execution of many of the life-changing documents of private citizens. Documents and transactions often requiring a notary include:

• Estates
• Property deeds
• Wills
• Powers of attorney
• Contracts
• Legal affidavits
• Licenses
• Mortgage documents
• Trusts
• Passport applications
• Some bank documents or medical records

What Should You Bring to Meet with a Notary?

• All parties involved must be together in person.
• A government-issued ID or other proof of identification for each party requesting notarization services.
• Unsigned documents; they must be signed in the presence of the notary.
• Money to pay the fee, if charged. 

What is the Notarization Process?

A notary will:

• Verify the identity of the signers and ask to see a current ID with a photo, physical description, and signature, such as a driver’s license or passport.
• Review the paperwork or document with the signers. They will ask questions to determine if the signing parties are aware of what they are committing their signature to, and if the person is feeling pressure or duress to sign.
• Watch all parties sign the document.
• Complete the notarial certificate and place their stamp or raised seal on the document.
• Document the transaction in their notary journal.

What a U.S. Notary Is Not

A notary public in the United States has different powers than notaries in most foreign countries. A U.S. notary public is not a lawyer, cannot give legal advice, and is not the same as a Notario Publico. These differences can be confusing for immigrants when they approach notaries in this country. Notaries in the United States should be clear about what they can or cannot do under federal and state laws to serve immigrants and avoid notario issues.

Where to Find a Notary Public

Most banks and credit unions have at least one employee who is certified as a notary. Other businesses that may offer notary services include American Automobile Association (AAA), colleges and universities, law firms, libraries, insurance companies, and real estate firms. Check with the organization, as an appointment may be required for notarization services.

To learn about products and services offered by Enterprise Bank, please visit https://www.enterprisebanking.com. If you would like to speak to an Enterprise Banker about opening an account, we invite you to call us at 877-671-2265 or visit one of our convenient branch locations.