Apostille

Apostille: The Ultimate Explanation

Basic business and personal matters often require loads of paperwork. Now and again, you may find yourself in need of an “apostille”. What does that mean, exactly? How do you get one? What is required? Unfortunately, dealing with paperwork can sometimes be a black hole of confusion. When paperwork deals with international law, it gets even trickier. However, you shouldn’t need an advanced law degree to understand and correctly file paperwork. In this article, we are going to answer all your questions about an apostille.

Apostille Meaning

First of all, an apostille is not to be confused with any biblical references to an “apostle”. In fact, an apostille is not a person at all, but a document used in international law. An apostille is usually one page and is included in documents of great importance, or legal priority.  This certificate (apostille) confirms that the document has been notarized by an official representative of the state. A proper apostille certificate will include a notary signature and stamp.

The foundational element of the apostille certificate is that it authenticates a document in several countries. Namely, countries that participate in the Hague Convention.

Hague Convention of 1961

In 1961, the Hague Conference on Private International Law drafted what we know today as the “Hague Convention”. The full moniker of this particular law is “The Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents”. Which, in so many words, says it all about what the law pertains to.  Additionally, this piece of international law is also referred to as the “Apostille Treaty” or “Apostille Convention”.

In short, the Hague Convention streamlines the acceptance of documents as authentic across international borders. A certification (the apostille!) confirms that a document drafted in a country that abides by the Hague Convention will be accepted in other countries that are members of the convention.

Before the Hague Convention, authenticated documents across international borders was a long and tedious process. Now, when working within the members of the convention, authentication is more streamlined than ever.

Hague Convention Countries

Currently, 116 counties are members of the Hague Convention. Over the years, more countries have joined the convention. For example, the United States did not sign on until 1981. If you are in need of an apostille, here is the full list of countries in the Hague Convention.

What Documents Require an Apostille?

Documents needing an apostille vary greatly from country to country. However, here are some of the common documents:

  • Birth certificates
  • Marriage certificates
  • Death certificates
  • College degrees
  • Academic transcripts
  • Job certifications
  • Distributorship agreements
  • Deeds of assignment
  • Adoption papers
  • Articles of incorporation

… to name a few. More often than not, simple trips abroad for pleasure will not require documents to be apostilled. However, something more permanent is another story.

When do I need an Apostille?

Perhaps a more thorough approach to debunking apostille needs is providing some scenarios where they may be required. You will likely need an apostille if you are:

  • Getting married overseas – Namely, if you are getting married in a country in which you are not a resident
  • Living and/or Working Abroad – This is a very common example affecting traveling university students and working professionals, to name a few
  • Buying/selling a house in another country – Real estate transactions are seldom simple in your home country.  Naturally, they are a bit more complicated when dealing in another country
  • Conducting business – This is a broad example. Consider international trade or outsourcing products or services

The above examples nearly skim the surface. There are 195 different countries in the world. These countries all vary widely when it comes to international rules and regulations. Therefore, if you are curious if you need an apostille, do some research specific to your country and situation.

Apostille vs. Notarization

An apostille and a notarization serve different purposes. However, an apostille is not complete without a notarization. A document must be notarized in order to receive official apostille documentation. A notarization, on the other hand, does not need an apostille to be valid.

The primary difference is that an apostille is required for documents meant to cross international borders. Whereas a notarization is intended for use within the United States. Apostilles are only officially recognized when completed and received by their destination country. That is to say, an apostille is not valid in the country in which it was issued – they are intended for use abroad.

Define Notary

To be thorough, let’s take a step back and talk about notarization. In the United States, countless documents require notarization. When this need arises, an official representative of the secretary of state, or a notary public, will get the job done. The notary will act as an unbias witness to the signing of documents of great importance. Additionally, a notary will confirm the identity of the signers to be true and authentic. This seemingly simple act aids in the prevention of fraud. Finally, the notary will confirm that all parties signing the document understand the document in full, and are signing at their own free will.

It is vital to understand that a notary cannot act as an attorney. It is illegal for a notary to give legal advice regarding the contents of the document they are notarizing. Therefore, if you have any lingering questions involving the details of your document, be sure to consult your lawyer.

Apostille vs. Authentication

It is vital to understand that not all counties formally accept documents bearing an apostille. Remember the Hague Convention of 1961 mentioned earlier in this article? Over 50% of the world’s countries have signed over the years. The countries that are a member of the Hague Convention accept apostilles.

The other half of the world not involved in the Hague Convention requires an authentication for international verification. Depending on the country, you may need up to five different authentication documents. To make matters more cumbersome, these authentications all come from different agencies.

Either way, both apostilles and authentication certificates serve the same purpose. Both officially validate a notarized document for use in a foreign country.

More on Authentication Certificates

As previously mentioned, getting a document authenticated for international use is a lengthy and arduous process. Depending on the country, you may need to get up to five separate authentication certificates. You will typically get these from the U.S. Department of State, your destination country’s consulate, and perhaps another government agency from the country you are traveling to. Acquiring all the appropriate authentication certificates is also called legalization.

To submit a document for authentication, you must include all necessary signatures on an original document. Additionally, any document submitted in a foreign language requires a notarization in English.

Furthermore, the requirements and processing times may vary depending on the country you are submitting your authentication.

The Apostille Process

First and foremost, give yourself plenty of time to acquire your apostille. It should come as no surprise that the wheels of international law move slowly. Every U.S. state, as well as every receiving country,  have different rules and regulations. Translation: you may get halfway through the process and learn your destination country has different requirements than you were working on. Some typical best practices:

  • Originals only – Ensure that your document is original and complete. Copies are unacceptable. In the event that amendments have been made, be sure to include them chronologically for review
  • Translations – In the event that your document is in a foreign language, you will likely require the services of a legalized sworn translator
  • Non-U.S. Countries – Does your document originate from a non-U.S. country, with a non-U.S. country of destination? If so, give yourself even more time. In these situations, the rules are even more specific – sometimes even requiring a specific type of paper be used
  • Identification – More often than not, a passport is the ideal form of identification for apostilles. However, some states/countries require drivers licenses or the like. Check with your local authorities about what form of identification is required

Ultimately, do not skimp on your due diligence. Be sure to check with your local secretary of state’s office about your outgoing requirements. Furthermore, do your research on your destination country. Errors are often made on both ends of apostille transactions.

Time-Saving Tips

With so many different factors involving apostilles, the process can undoubtedly get confusing. Here are some helpful tips on where to start:

  • Destination country – Where is your document going? Your first step is to figure out if your destination country is a member of the Hague Convention. If it is, you only need to acquire an apostille. If not, you will need several forms of authentication
  • State of origin – If your country of document origin is the U.S., be sure you get your document notarized in the appropriate state. For example, if you were born in California and need an apostille for your birth certificate, you need to have it notarized in California
  • Type of document – To make matters even more confusing, the process and necessary requirements can vary based on what type of document you have. To demonstrate, all Federal documents require an apostille from the U.S. Department of State, as opposed to a state office.
  • Date of the document – Even documents like birth certificates require new certifications every now and again. Check with your local offices to determine the length of authenticity for your specific document

At the end of the day, every situation is different. Give yourself the time to determine the appropriate steps and requirements.

Where to Find Apostille Services

If you are in the United States, begin your search for an apostille at your local Secretary of State’s office. You must provide the following information:

  • What type of document you are authenticating
  • Where said document originated
  • The destination of the document

Providing this information will help streamline the apostille process. After you submit the above information, the document itself, and the appropriate fees, the secretary of states office will take a few days to process your request. Finally, you will receive your document back with the illustrious apostille stamp. Finally, you will send your apostilled document to its destination country.

Apostille Stamp

The jewel on an official apostille is the stamp. These stamps, or seals, vary widely in appearance depending on the state or country of origin. These seals are almost all circles. Some are simple stamps, while some are gold or red foil stickers. One common element amongst apostille stamps is the presence of the state or country of origin.

Where to Find a Notary

It is important to note that a notary cannot provide an apostille. Therefore, you must visit a notary before the Secretary of State’s office. With over 4 million notaries in America, finding a notary near you should be no trouble.  Some places to look are:

  • Local Banks – If you are an account holding member of a bigger bank (such as Bank of America) you likely qualify for a free or low-cost notary. Additionally, smaller banks and local credit unions typically offer notary services to everybody at little to no cost
  • Universities – Students and faculty can usually get notary services at their college or university
  • Insurance or Real estate offices – Look to your local businesses for a notary
  • Car dealerships – Many car dealerships provide notaries on site
  • Your place of work! – If you work for a larger company, there is a good chance someone in your office is a notary! Many bigger companies keep a notary on staff because they require their services so often
  • Mobile Notaries – If you are in a pinch, you can even have a notary come to you! The picture of ease, mobile notaries save your most valuable asset: time. However, they come with a higher price tag, as you have to account for their travel

Keep in mind that notaries are officials of the state. Therefore, their duty is to serve the people. That is to say, if you are not a client/customer at the above locations, they cannot refuse your request for notarization services if they provide them.

How Much is a Notary?

Notarization prices vary greatly depending on where you source them. Notarizations are priced on a per-signature basis. Better yet, most states have a legal cap on how much a notary can charge. For example, in the state of California, a notary cannot charge more than $10 per signature. However, they can add additional fees when applicable. For instance, a mobile notary charging for travel time.

Be sure to check what the average price is in your area. It is incredibly easy to become a notary, and people charging too much may be an indication of notary fraud.

How Much is an Apostille?

The price of an apostille from the Secretary of State is roughly $15 per copy. In matters pertaining to adoptions, the fee is usually around $10. Additionally, you must also consider the costs leading up to this transaction. For example, you may be required to purchase a certified copy of your document. This is common when dealing with marriage or birth certificates. Finally, you must pay to get the document notarized before requesting the apostille.

Apostille Abuse

Like a notarization, an apostille certificate does not authenticate or certify the material within the document at hand. Instead, the apostille certificate authenticates the signature(s) on the document and confirms the validity of the apostille seal.

Sadly, we live in a time where fraud is commonplace. We have all heard of fake i.d.’s, right? Well, there are also illegal counterfeit apostille certificates and stamps out there. Due to the fact that an apostille does not certify the contents of a document, these fake certifications have the ability to make fraudulent documents seem official. Whether you are trying to get an apostille, or are representing a country reviewing one, it is vital you ensure the validity of the document. Be sure to double check with the originating states Secretary of State’s office to confirm they have the document on file. If you suspect fraud, be sure to report it to the proper authorities.

Furthermore, nearly fifty years after the Hague Convention originated, the Hague Conference proposed an amendment. In February of 2009, the convention changed the official apostille wording. Now, most apostille documents will state “this apostille only certifies the signature, the capacity of the signer and the seal or stamp it bears. It does not certify the content of the document for which it was issued.”

Apostille: In Conclusion

In matters of international law, there are several hoops you have to jump through. This legal obstacle course often takes time and patience. Anything that requires the transfer and acceptance of a document across international borders will require either an apostille certificate or a series of authentications. The deciding factor is whether or not your destination country is a member of the Hague Convention. Every U.S. state and foreign country has different rules and regulations. Take the time to research your destination, and check with your local secretary of state to find out your particular requirements.

Sources

https://www.judgmentbuy.com/ExemplifiedVSCertified.html

http://www.businessdictionary.com/definition/apostille.html

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/apostille-requirements.html

https://en.wikipedia.org/wiki/Apostille_Convention

http://sccoclerk.com/CountyClerkHome/TheApostilleProcess.aspx

https://www.notarypublicstamps.com/articles/everything-a-notary-must-know-about-an-apostille/

https://travel.state.gov/content/travel/en/legal/travel-legal-considerations/internl-judicial-asst/authentications-and-apostilles/authentication-certificate-requirements.html

https://www.nationalnotary.org/notary-bulletin/blog/2015/07/notary-basics-understanding-apostilles

https://ct.wolterskluwer.com/resource-center/articles/whats-the-difference-between-apostille-and-authentication

https://www.superiornotaryservices.com/blog/how-do-i-get-a-document-apostilled/

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notary acknowledgement

Notary Acknowledgment: Everything You Need To Know

Everyone has the need for a notary acknowledgment at one point or another. Whether dealing with personal or business matters, it is essential you know exactly what it is you need and where to get it. What is a notary in the first place? What is the difference between an acknowledgment and a jurat notarization? How do I avoid notary fraud? In this article, all of your questions about a notary acknowledgment will be answered.

What is a Notary Acknowledgment?

A notary acknowledgment is when a signature is proven authentic and true in the presence of a notary public. Not only does the notary public physically verify the identity of the signer, but they confirm that they understand the document in full and are signing willingly. This seemingly simple exchange actively aids in the prevention of fraud. This is important because notarization is often required on documents of great importance and/or financial dealings.

What (or rather, who) is a Notary?

A notary public is an official representative of the state. Most often, a notary represents the office of the secretary of state. Sometimes a judge or lawyer may act as a notary, so long as they have no legal or personal stake in the document requiring notarization.

There are over 4 million notaries in the United States. While it is incredibly easy to become a notary, the responsibility should not be taken lightly. Notary fraud can take place on either side of the table. That is to say, the signer(s) or notary themselves can all be held accountable for attempted notary fraud. More on that later.

Official notary laws differ vastly from state to state. Requirements regarding training and certification testing fluctuate widely depending on your state of residence. The handful of states that require training only require a 3-6 hour course on the topic. Which brings us to…

Notary vs. Attorney

It is absolutely essential to understand that a notary is not allowed to act as your attorney. A notary is legally not able to answer questions or give any legal advice regarding the contents of the document in question. By the time you are in the position to have a document notarized, you should already have any legal questions answered by the proper authorities (i.e. a lawyer). A notary is intended to ensure you understand what you are signing, and that you are freely choosing to do so.

However, as previously stated, a lawyer can be a notary as well. They simply cannot notarize a document in which they have acted as legal counsel.

Notario Publico vs. Notary Public

Another essential distinction to make is between that of a notario publico and a notary public. While directly translated, notario publico means “notary public” they carry very different meanings. In Hispanic cultures, a notario publico is, in fact, a legally licensed representative that can draft documents and dispense legal advice.

In America, almost anyone over 18 with a clean record can become a notary public. However, in Mexico, for example, one must be over 35 years of age with a minimum of five years of legal experience to become a notario publico. With this higher standard of qualification, notario publico’s have a much broader definition of duties. Such as drafting legal documents, checking documents for legal discrepancies, and acting as a representative during judicial proceedings.

This distinction is especially important when dealing with immigration documents, or clients from Hispanic cultures that may not be aware of the difference. It is essential that a notary in the U.S. inform any client that they are not to act as their attorney.

When do I Need a Notary Acknowledgment?

There are countless documents that may require notarization. It is important to note that state laws regarding notarization vary widely. That is to say, some states may require notarization on certain documents that other states may not. However, across the country, commonly notarized documents include:

  • Loan documents
  • Last will and testaments
  • Power of Attorney
  • Various court documents (such as affidavits)
  • Guardianship and/or custody paperwork
  • Certain employee/vendor contracts
  • Mortgage closing paperwork
  • Trusts
  • Executorships
  • Prenuptial agreements
  • Divorce proceedings
  • Property deeds
  • Commercial Leases
  • Articles of incorporation
  • …and more

Some of the aforementioned documents may require a jurat notarization as opposed to a standard acknowledgment. Stay tuned to learn about jurats later in this article.

Where to get a Notary Acknowledgment

Fortunately, most cities and towns have a number of notaries you can easily access. However, pricing and availability vary depending on your location. For example, if you live in a big city, you can probably find a notary at midnight on a Sunday if need be (for the right price). However, if you live in a smaller town, you likely have to stick to regular business hours. The list below should serve as a helpful jumping off point as your search for your perfect notary.

Find a Notary Near You

As previously stated, there are millions of notaries in the United States. As a result, it should not be terribly difficult to find a notary near you. Here are some common places one might find a notary:

  • An attorney’s office
  • Banks
  • Car dealerships
  • Certain doctor’s offices and/or pharmacies
  • Embassy’s or consulates (a helpful tip when traveling abroad!)
  • Insurance agencies
  • Hotels
  • Public libraries
  • City Hall
  • Mail stores (UPS is a big one!)
  • Real estate agencies
  • Travel agencies

A notary is an official of the state and therefore is there to serve the public. Therefore, if you go to any one of the above institutions, even if you are not a client/member you cannot be turned away on those grounds alone.

Furthermore, be sure to call and confirm hours, availability, and pricing of notarization services at any of your local businesses.

Free Notary

You may be asking yourself, “how much does notarization cost?” Well, pricing varies greatly on your location and availability. However, it is legally set in most states that notaries cannot charge over a certain amount. The standard pricing structure stems from a per-signature system. In California, for example, notaries cannot legally charge more than $10 per signature.

On the other hand, there are a number of free and/or low-cost notary services out there. For example:

  • Banks and credit unions – Bigger bank chains often provide free notary services to account-holding clients. Most credit unions offer a low-cost notary on site
  • AAA offices – AAA members often can reap the benefit of a free notary at their local office
  • Your workplace! – Depending on your place of employment, there is a good chance someone in your office is a notary. Especially if you work for a larger corporation, some companies even have a notary on staff
  • Local police station – Many police stations offer a low-cost notary
  • Military base – If you, or a member of your immediate family, is an active member of the military, you can typically access complimentary notary services on base
  • Universities – Are you a student? Check with your university student services to make an appointment when a free notary on campus

Mobile Notary

Better yet, why go to them when they can come to you? As we are now deep into the digital age, it should come as no surprise that you can order a notary like you can order food for delivery. Especially if you live in a thriving metropolis, you can request a notary to come straight to your home or office.

Consequently, these “luxury” services come with a higher price tag. Mobile notaries typically charge an added fee for there travel time and expense. However, in the long run, this service can save you your most valuable asset of all: time.

Notary Acknowledgment: The Process & What to Bring

So you have your document and found your notary, what now? Below is everything you should expect when going to get a document notarized.

Identification

The foundational element of any proper notarization is proof of identity. Successful identification of any signing party is fundamental in preventing fraud and forgeries. As with many elements of notarization, acceptable forms of identification vary from state to state. However, the essential elements of your identification are:

  • A recent, easily identifiable photo
  • Your signature
  • The issuing authority (the state of issue, i.e. Texas)
  • Brief physical description (such as height, weight, eye color, etc)

Universally speaking, a state-issued drivers license or a valid passport beautifully fits this bill. However, if you have a foreign or military i.d., be sure to check your states acceptable forms of identification.

Once the notary has confirmed the identity of the signer, they will ensure that the signer understands the document in full and is signing at their own free will.

The Document

This may seem like a no-brainer, but don’t forget to bring the document requiring notarization! It is essential that you include all pages of the proposed document. Any missing pages and/or amendments require a new notarization be performed.

Save yourself some time at the appointment by having all black fields pre-filled out. However, resist the urge to sign on any of the proverbial dotted lines until your appointment. While certain notarizations accept pre-signed documents, sometimes you are required to sign the document in the presence of the notary. Save yourself the trouble of guessing and wait to sign!

All Signing Parties

More often than not, documents needing notarization require the signature of more than one person. If this is the case, you can save yourself valuable time and money by bringing all involved parties to the same appointment.

Notary Fee

As previously stated, some notaries require a fee per signature. Be prepared to take any required financial responsibility.

Acknowledgment Form

Any successful notarization will include a notary acknowledgment form or “certificate”. This page will declare the authenticity of the signatures with wording such as “acknowledged before me”. This is also the page where the notary will sign and stamp the document, making the notarization official.

Often times, whoever drafts the document will include this form. However, if you do not have it, a seasoned notary should be able to provide it on site.

Notary Signature and Stamp

Finally, your notary will sign and stamp your document. The stamp of the notary is the final piece of the puzzle. Notary stamps come in many different shapes and sizes, varying widely from state to state. However, every notary stamp across the country will include three vital pieces of information: the name of the notary, the state of certification, and the expiration of said notary’s commission.

Jurat vs. Notary Acknowledgment

A jurat notarization is a more thorough form of notarization. All of the previously mentioned steps in a notary acknowledgment also take place during a jurat notarization. However, the key difference is that a jurat requires a verbal confirmation in the way of an oath or affirmation. Jurat notarizations are often required when dealing with mortgages, loans, or other documents dealing with financial business. Be it an oath or affirmation, this act formally declares the truthfulness of the document.

Oath Definition

An oath is a verbal promise of truth before God. Oaths are intended to perpetuate honesty and integrity. For example, the president of the United States takes an “Oath of Office” upon getting sworn in. Furthermore, doctors take the Hippocratic oath as a promise to uphold an ethical medical practice. Clearly, oaths are not meant to be taken lightly.

Affirmation Definition

An affirmation carries the same weight as an oath, however, an affirmation does not mention a higher power. Instead, an affirmation is a vow of personal honor.

What Happens During an Oath of Affirmation?

Whether an oath or an affirmation, the following is true:

  1. The person receiving the oath must verbally accept. Either a “yes” or an “I do” is typically acceptable. Non-verbal forms of acceptance, such as a nod of the head, are not suitable.
  2. The oath must be verbally accepted by the person signing the document. Therefore, someone cannot accept on the signer’s behalf.
  3. The notary may ask you to raise your right hand during the reading and acceptance of the oath. This act is not legally mandatory but is often done to further signify the importance of the oath.
  4. The signer can choose whether they prefer to accept an oath or affirmation, both are acceptable in the eyes of the law.

How to Avoid Notary Fraud

The very premise of a notary public is to actively prevent fraud. However, whether intentional or accidental, notary fraud does happen. Notary fraud can be at the hand of the signer, or the notary. Notary fraud can lead to lawsuits with lengthy and expensive lawsuits. Here are red flags when it comes to possible notary fraud:

  • A notary charging more than is legally acceptable in your state
  • A notary dispensing legal advice, or offering to amend or draft documents
  • Online or over the phone notary services – official notarizations must take place in the physical presence of the notary
  • The signing of a document under a different name that was accepted by the notary
  • A notary using an expired stamp
  • A signer expressing signs of nervousness (excessive perspiration, trying to hide their face, etc)
  • A notary notarizing their own signature (or a document in which they have personal involvement)
  • Backdating of documents (i.e. using an earlier date than the actual date of notarization)

If you suspect your notary is attempting notary fraud, do not sign the document and report them to your local secretary of state’s office. To best ensure you hire a reputable notary public, consult the American Society of Notaries.

Signer Awareness and Acceptance

A vast percentage of notary fraud deals with improper identification or lack of authentic consent. To reiterate, an integral part of a notary’s job is to confirm the identity of the signer, as well as their understanding and voluntary willingness to sign the document at hand. Unfortunately, there are several instances where the signer in question may not be in their best state of mind at the time of the signing. Clients are often elderly, and in some cases are suffering from the effects of dementia or Alzheimer’s. Additionally, sometimes notarizations take place in hospitals with patients that are recovering from surgery or are taking medications that may blur their judgment. Read on to find out how best to confirm well-informed consent.

How to Determine Awareness

Extra care must be taken if and when a notarization involves a person with questionable awareness. No matter the issue (age, alcohol, medication, etc), here are some simple procedures that can help determine if the signer is adept enough to sign the document:

  1. A Friendly Introduction – In these types of situations, a strange face can often cause alarm or tension. Therefore, a notary in this position should kindly introduce themselves and explain their purpose in a friendly and easy to understand manner
  2. Ask well-crafted Questions – The notary can, and should, ask a series of simple questions to help determine awareness. Non-personal topics are ideal in this situation. For example, you can discuss the weather, recent political news, or geographical data. The type of things someone of sound mind would be able to easily recall.
  3. Acquire Confirmation – When all else fails, ask the signer if they know the title of the document. Make sure the signer themselves is able to name and recall this information
  4. Look for signs of Hesitation – Does the potential signer appear confused? Hesitant? Disoriented? Having trouble communicating?
  5. Read the Room – Often times, especially in delicate situations involving hospice or ailing health, there are likely going to be several family members present. Pay attention to family members urging the signer to sign, especially if the signer seems unwilling or confused

If you suspect lack of informed consent, politely decline the notarization.

How long is a Notarized Document Valid?

Simply put – there is no single answer to this question. Length of validity varies from document to document and from state to state. However, here are a few common examples to look out for. Such as:

  • Should any amendments be made to a document post-notarization, the original document is no longer valid. Meaning, any changes made would require a new notarization for the document to remain official
  • Power of Attorney notarizations, for example, only last as long as the executor is alive. Or, until the executor revokes the power of attorney.
  • A notary’s stamp/certification typically lasts four years. Therefore, upon signing, a notary’s stamp will typically have an expiration date of four years or less. However, so long as the document was notarized before the date of commission expiration, the document remains valid. In other words, the expiration date on your notary’s seal does not reflect the expiration of the document itself

Be sure to check with your attorney, or state’s authority, to clarify any possible expiration of your particular document.

Is Notarized Legally Binding?

It is important to note that getting a document notarized does not translate to the said document being legally binding. However, should a document need to be contested in court, having had that document notarized beforehand does add “legal weight” according to www.legalbeagle.com.

Anyone can get anything notarized. In order for the contents of a document be considered legal, a licensed and practicing lawyer must draw up the document. You are likely aware that lawyers attend several years of school and must pass a rigorous test (the state bar exam) to become a practicing lawyer. A notary, on the other hand, takes a max of 6 hours of voluntary courses. Most states don’t even require notaries complete any training or pass a test.

To enumerate, simply getting a document stamped by an official notary seal does not magically make your document legally binding.

Notary Acknowledgments: In Summary

To review, a notary acknowledgment is when an official representative of the state witnesses the signing of a document. This witness, or “notary,” will confirm the signer’s identity and that they understand the document, and are choosing to sign freely. A notary cannot legally advise upon the contents of the document, or act as an attorney in any way. Notary laws vary widely from state to state, so be sure to check your state’s local notary laws to avoid any notary fraud or errors. Thank you for reading!

Sources

http://www.notarysuccess.com/notary_acknowledgment.html

https://www.superlawyers.com/united-states/article/a-notary-is-not-a-lawyer/7ab4e7a4-36c2-45fc-836a-a4417ab92ea0.html

https://work.chron.com/documents-can-notary-public-sign-10222.html

https://www.notarypublicstamps.com/articles/what-is-a-notario-publico/

https://www.nationalnotary.org/notary-bulletin/blog/2015/06/determining-signer-awareness

https://www.thebalanceeveryday.com/where-to-notarize-affidavit-896914

https://www.nationalnotary.org/knowledge-center/about-notaries/what-is-notarization

https://www.nationalnotary.org/notary-bulletin/blog/2015/04/key-differences-acknowledgment-jurat-certificates

https://www.nationalnotary.org/notary-bulletin/blog/2015/05/your-guide-notary-oaths-affirmations

https://www.nationalnotary.org/notary-bulletin/blog/2017/05/notary-faq-assessing-signer-mental-capacity

https://www.quora.com/How-long-is-a-notarized-document-valid

https://legalbeagle.com/7499317-notarized-document-hold-up-court.html

https://www.superiornotaryservices.com/blog/steps-notaries-can-take-prevent-fraud/
https://www.superiornotaryservices.com/blog/what-need-document-notarized/

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