In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside their home state unless the notary has a commission there as well or the states have a reciprocity agreement.
Overview In 32 states, the main requirements are to fill out a form and pay a fee; many states have restrictions concerning notaries with criminal histories, but the requirements vary from state to state. Notaries in 18 states and the District of Columbia are required to take a course, pass an exam, or both; the education or exam requirements in Delaware, Iowa, and Kansas apply only to notaries who will perform electronic notarizations.Issues and Trends in State Notary Regulation. (2011). National Association of Secretaries of State. pp. 6, 17–18.
A notary is almost always permitted to notarize a document anywhere in the state where their commission is issued. Some states simply issue a commission "at large," meaning no indication is made as to what county the person's commission was issued from, but some states do require the notary to include the county of issue of their commission as part of the jurat, or, where seals are required, to indicate the county of issue of their commission on the seal. If a state requires indicating the county where the commission was issued, it does not necessarily mean that the notary is restricted to notarizing documents in that county, although some states may impose this as a requirement.
Some states (Montana, Wyoming, and North Dakota, among others) allow a notary who is commissioned in a state bordering that state to also act as a notary in the state if the other state allows the same. Thus, someone who was commissioned in Montana could notarize documents in Wyoming and North Dakota, and a notary commissioned in Wyoming could notarize documents in Montana. However, a notary from Wyoming could not notarize documents from North Dakota (or the inverse) unless they had a commission from North Dakota or a state bordering North Dakota that also allowed North Dakota notaries to practice in that state.
Notaries in the United States are much less closely regulated than notaries in most other common-law countries, typically because U.S. notaries have little legal authority. In the United States, a lay notary may not offer legal advice or prepare documents – except in Louisiana and Puerto Rico – and in most cases cannot recommend how a person should sign a document or what type of notarization is necessary. There are some exceptions; for example, Florida notaries may take affidavits, draft inventories of safe deposit boxes, draft protests for payment of dishonored checks and promissory notes, and solemnize marriages. In most states, a notary can also certify or attest a copy or facsimile.
The most common notarial acts in the United States are the taking of acknowledgements and oaths. Many professions may require a person to double as a notary public, which is why US court reporters are often notaries, as this enables them to swear in witnesses (deponents) when they are taking depositions; secretaries, bankers, and some lawyers are commonly notaries public. Despite their limited role, some American notaries may also perform a number of far-ranging acts not generally found anywhere else. Depending on the jurisdiction, they may: take depositions, certify any and all petitions (ME), witness third-party absentee ballots (ME), provide no-impediment marriage licenses, solemnize civil marriages (ME, FL, SC, MT, & AL (as of August 2019)), witness the opening of a safe deposit box or safe and take an official inventory of its contents, take a renunciation of dower or inheritance (SC), and so on.
Acknowledgment
"An acknowledgment is a formal [oral] declaration before an authorized public officer. It is made by a person executing [signing] an instrument who states that it was his [or her] free act and deed." That is, the person signed it without undue influence and for the purposes detailed in it.Piombino, Alfred E. (1996). Notary Public Handbook: A Guide for Vermont. n.p.: East Coast Press. 91. A certificate of acknowledgment is a written statement signed (and in some jurisdictions, sealed) by the notary or other authorized official that serves to prove that the acknowledgment occurred. The form of the certificate varies from jurisdiction to jurisdiction, but will be similar to the following:
Before me, the undersigned authority, on this ______ day of ___________, 20__ personally appeared _________________________, to me well known to be the person who executed the foregoing instrument, and he/she acknowledged before me that he/she executed the same as his/her voluntary act and deed.
Oath, affirmation, and jurat
A jurat is the official written statement by a notary public that he or she has administered and witnessed an oath or affirmation for an oath of office, or on an affidavit; that is, that a person has sworn to or affirmed the truth of information contained in a document under penalty of perjury, whether that document is a lengthy deposition or a simple statement on an application form. The simplest form of jurat and the oath or affirmation administered by a notary are:
Jurat: "Sworn (or affirmed) to before me this _______ day of ____________, 20__." Oath: "Do you solemnly swear that the contents of this affidavit subscribed by you are correct and true?" Affirmation (for those opposed to swearing oaths): "Do you solemnly, sincerely, and truly declare and affirm that the statements made by you are true and correct?"
Venue
In the U.S., notarial acts normally include what is called a venue or caption; that is, an official listing of the place where a notarization occurred, usually in the form of the state and county and with the abbreviation "ss" (for Latin scilicet, "to wit") normally referred to as a "subscript", often in these forms:
State of .......) )ss: County of.......)State of ________ County of _______, to-wit:
The venue is usually set forth at the beginning of the instrument or at the top of the notary's certificate. If it is at the head of the document, it is usually referred to as a caption. In times gone by, the notary would indicate the street address at which the ceremony was performed, and this practice, though unusual today, is occasionally encountered.
Jurisdictions
Federal Apart from military officers (see below) there are no federal notaries. Federal law, however, provides for authentication in lieu of notarization in 28 U.S.C. 1746. That section provides that to meet any notarization requirement under federal law or practice, an unsworn declaration under penalties of perjury is sufficient. The declaration may be executed inside or outside the United States. The existence of the statute is not well known with the result that state notarizations are sought (or required) by federal officers who are unfamiliar with 28 U.S.C. 1746.31 J. Marshall L. Rev. 927 (1997-1998) Execution under Oath of U.S. Litigation Documents: Must Signatures Be Authenticated?54 Clev. St. L. Rev. 309 (2006) Goodbye to Affidavits - Improving the Federal Affidavit Substitute Statute
In addition, 22 U.S.C. 4221 authorizes "every secretary of embassy or legation and consular officer" to "perform any notarial act which any notary public is required or authorized by law to do within the United States" and also permits the Secretary of State to authorize overseas U.S. citizen government employees and contractors to do the same. It further declares these notarial acts valid as though they were administered before a Notary Public within the United States. U.S. embassies and consulates provide Notarial services for a fee to customers of all nationalities.
Military
Certain members of the United States Armed Forces are given the powers of a notary under federal law (10 U.S.C. section 1044a). Some military members have authority to certify documents or administer oaths, without being given all notarial powers. In addition to the powers granted by the federal government, some states have enacted laws granting notarial powers to commissioned officers.
By state
California
The California Secretary of State, Notary Public & Special Filings Section, is responsible for appointing and commissioning qualified persons as notaries public for four-year terms.California Government Code §8200.
Prior to sitting for the notary exam, one must complete a mandatory six-hour course of study. This required course of study is conducted either in an online, home study, or in-person format via an approved notary education vendor.California Secretary of State. (n.d.). Notary Public Check List. Viewed January 9, 2008. Both prospective notaries as well as current notaries seeking reappointment must undergo an expanded FBI and California Department of Justice background check.California Government Code §8201.1.
Various statutes, rules, and regulations govern notaries public. California law sets maximum, but not minimum, fees for services related to notarial acts (e.g., per signature: acknowledgment $15, jurat $15, certified power of attorney $15, et cetera).California Government Code §8211. A finger print (typically the right thumb) may be required in the notary journal based on the transaction in question (e.g., deed, quitclaim deed, deed of trust affecting real property, power of attorney document, et cetera). Documents with blank spaces cannot be notarized (a further anti-fraud measure). California law explicitly prohibits notaries public, who are not attorneys, from using literal foreign language translation of their title, unless accompanied by a disclaimer, in both the foreign language and in English, that the notary public is not an attorney and therefore cannot give legal advice.Notary Public Guidelines (2012). California Secretary of State. p. 27. The use of a notary seal is required.
Colorado
Notarial acts performed in Colorado are governed under the Notaries Public Act, 12-55-101, et seq. Pursuant to that law, notaries are appointed by the secretary of state for a term not to exceed four years. Notaries may apply for appointment or reappointment online at the secretary of state's website. A notary may apply for reappointment to the notary office 90 days before the commission expires. Notaries are required to take a training course and pass an examination to ensure minimal competence under the Notaries Public Act. A course of instruction approved by the secretary of state may be administered by approved vendors and shall bear an emblem with a certification number assigned by the secretary of state's office. An approved course of instruction covers relevant provisions of the Colorado Notaries Public Act, the Model Notary Act, and widely accepted best practices. In addition to courses offered by approved vendors, the secretary of state offers free certification courses. A third party seeking to verify the status of a Colorado notary may do so by visiting the Secretary of State's website.
Connecticut The Connecticut secretary of state appoints notaries for five-year commissions. The application process includes an examination, a review of the applicant's character, a jurat, and a sample of the applicant's handwriting. Attorneys licensed to practice in Connecticut have all of the powers of notaries and are authorized to do all acts that may be done by notaries.
Florida