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Editor: Mitchell H. Rubinstein
New York Law School

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Monday, July 28, 2008

The Important Role of Notary Publics

'Can You Notarize This?' Taking the Notary Job Seriously is an important July 18, 2008 New York Law Journal article about the role and importance of notary publics. Though the authors recognize that the notarial function is often overlooked and even compromised, notarys play and important function in verifying the signature on documents. The article explains that notarys are suppose to perform the following functions:

Require that the signer be physically present before the Notary for signature (which aids in a Notary's ability to detect forgery if it appears that the affiant is taking an inordinate amount of time or care in signing);5

(ii) Verify, through photo identification or personal knowledge, that the signer is who he or she claims to be;6

(iii) Obtain the oath or acknowledgment of the signer that he or she has signed the document willingly and is aware of its contents (e.g., Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?7); and

(iv) Sign the document and print, typewrite or stamp, in black ink, the words "Notary Public State of New York," the name of the county in which the Notary is qualified, and the date upon which his commission expires. Notaries commissioned in Bronx, Kings, New York, Queens, or Richmond County must also indicate the Notary's commission number.

Best practices would also suggest that the notary maintain a journal record of each notarial act, including the date, affiant's name and signature, title or type of document notarized, method of identification used, and a physical description of the affiant.

While such efforts may seem incredibly onerous in light of the already document-saturated, fast-paced environment in which most of us practice, consider for a moment how useful such information will be if the notary is then ever called to testify as to the notarial act years later

Mitchell H. Rubinstein

http://lawprofessors.typepad.com/adjunctprofs/2008/07/the-important-r.html

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Comments

Proper Notary practices have kept me out of trouble. California has some of the most stringent Notary laws and procedures and at times can seem to be overkill...until you get that first subpoena.

Posted by: Roger | Jan 30, 2010 7:47:06 PM

Notary publics have helped keep my company safe and are very important in California! My friend became a notary through this website, www.getsmartnotary.com, and learned everything he needed to know and passed the exam with flying colors. Try them out if your interested in becoming a notary!

Posted by: Online Notary Class | Feb 4, 2010 11:09:31 AM

Totally agree with this post, they are very important in the society, great job guys.

Posted by: Muebles de Cocina | Feb 7, 2012 9:54:24 AM

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