In the United States 

United States In the United States, a notary public is a person appointed by a state government, e.g., the governor or state secretary, 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 bars a notary from acting outside his or her home state unless they also have a commission there as well.

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 and Kansas only apply to notaries who will perform electronic notarizations.[14]

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 from what county the person's commission was issued, but some states do require the notary 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. Merely because a state requires indicating the county where the commission was issued 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, 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 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, 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 as well.

Notaries in the United States are much less closely regulated than notaries in most other common-law countries, typically because U.S. notaries have no legal authority. In the United States, a lay notary may not offer legal advice or prepare documents - except in Louisiana and Puerto Rico - and cannot recommend how a person should sign a document or even what type of notarization is necessary, as these things would constitute unauthorized practice of law. In some states, a notary cannot even 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, and 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), 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.[15] 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 .........., 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 juratA 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 is 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?"
VenueIn 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 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.

CaliforniaThe California Secretary of State, Notary Public & Special Filings Section, is responsible for appointing and commissioning qualified persons as notaries public for four-year terms.[16]

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.[17] Both prospective notaries as well as current notaries seeking reappointment must undergo an "expanded" F.B.I. and California Department of Justice background check.[18]

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 $10, jurat $10, certified power of attorney $10, et cetera).[19] 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 explicitly prohibits notaries public from using literal foreign language translation of their title.[20] 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 the Act, 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. [6]. A notary may apply for reappointment to the notary office 90 days before her commission expires. Beginning in early 2010, all new notaries will be required to take a training course and pass an examination to ensure minimal competence of 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 at the Secretary of State's office. To sign up for a free course, visit the notary public training page at the following link. [7]. A third party seeking to verify the status of a Colorado notary may do so by visiting the Secretary of State's website at the following link. [8]. Constituents seeking an apostille or certificate of magistracy are requested to complete the form found on the following page before sending in their documents or presenting at the Secretary of State's office. [9]

Florida

Notary public (Florida)
Florida notaries public are appointed by the Governor to serve a four year term. New applicants and commissioned notary public must be bona fide residents of the State of Florida and first time applicants must complete a mandatory three hour online or in-person Notary Public Education class. Florida state law also requires that a notary public have a bond in the amount of $7,500.00, A bond is required in order to compensate an individual harmed as a result of a breach of duty by the notary. In other words, the bond protects a notary's client (not the notary). Applicants are submitted and paid through a state approved bonding agent. Florida is one of three states (Maine and South Carolina are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony).[21]

The state of Florida also appoints for life Florida attorneys who have practiced Florida law for five or more years and who take a course and pass an exam administered by the National Association of Civil Law Notaries (NACLN)as "Florida Civil Law Notaries" also called "Florida International Notaries" who have all powers of a notary public but not the restrictions. Florida Statute 118 sets out the additional powers of a Florida Civil Law Notary which includes the power to make authentic acts (giving judicial effect to the notarial acts thereby made) and notarise documents for use in the state of Florida from outside Florida or indeed the USA.

Illinois

Notaries public in Illinois are appointed by the Secretary of State for a four year term. Also, residents of a state bordering Illinois (Iowa, Indiana, Kentucky, Missouri, Wisconsin) who work or have a place of business in Illinois can be appointed for a one year term. Notaries must be United States citizens (this provision is illegal; see Bernal v. Fainter) , or aliens lawfully admitted for permanent residence; be able to read and write the English language; be residents of (or employed within) the State of Illinois for at least 30 days; be at least 18 years old; not be convicted of a felony; and not had a notary commission revoked or suspended during the past 10 years.[22]

An applicant for the notary public commission must also post a $5,000 bond, usually with an insurance company and pay an application fee of $10. The application is usually accompanied with an oath of office. If the Secretary of State's office approves the application, the Secretary of State then sends the commission to the clerk of the county where the applicant resides. If the applicant records the commission with the county clerk, he or she then receives the commission. Illinois law prohibits notaries from using the literal Spanish translation in their title and requires them to use a rubber stamp seal for their notarizations. The notary public can then perform his or her duties anywhere in the state, as long as the notary resides (or works or does business) in the county where he or she was appointed.[23]

Louisiana

Louisiana notaries public are commissioned by the Governor. They are the only notaries to be appointed for life. The Louisiana notary public is a civil law notary with broad powers, as authorized by law, usually reserved for the American style combination "Barrister/Solicitor" lawyers and other legally authorized practitioners in other states. A commissioned notary in Louisiana is a civil law notary that can perform/prepare many civil law notarial acts usually associated with attorneys and other legally authorized practitioners in other states, except represent another person or entity before a court of law for a fee (unless they are also admitted to the bar). Notaries are not allowed to give "legal" advice, but they are allowed to give "notarial" advice - i.e., explain or recommend what documents are needed or required to perform a certain act - and do all things necessary or incidental to the performance of their civil law notarial duties. They can prepare any document a civil law notary can prepare (to include inventories, appraisements, partitions, wills, protests, matrimonial contracts, conveyances, and, generally, all contracts and instruments in writing) and, if ordered or requested to by a judge, prepare certain notarial legal documents, in accordance with law, to be returned and filed with that court of law.[24]

Maine

Maine notaries public are appointed by the Secretary of State to serve a seven year term. Maine is one of three states (Florida and South Carolina are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony).[25]

Maryland

Maryland notaries public are appointed by the governor on the recommendation of the secretary of state to serve a four year term. New applicants and commissioned notaries public must be bona fide residents of the State of Maryland or work in the state. An application must be approved by a state senator before it is submitted to the secretary of state. The official document of appointment is imprinted with the signatures of the governor and the secretary of state as well as the Great Seal of Maryland. Before exercising the duties of a notary public, an appointee must appear before the clerk of one of Maryland's 24 circuit courts to take an oath of office.

A bond is not required. A notary is required to keep a log of all notarial acts, indicating the name of the person, their address, what type of document is being notarized, the type of ID used to authenticate them (or that they are known personally) by the notary, and the person's signature. The notary's log is the only document a notary may certify.

Minnesota

Minnesota notaries public are commissioned by the Governor with the advice and consent of the Senate for a five year term. All commissions expire on January 31 of the fifth year following the year of issue. Citizens and resident aliens over the age of 18 years apply to the Secretary of State for appointment and reappointment. Residents of adjoining counties in adjoining states may also apply for a notary commission in Minnesota. Notaries public have the power to administer all oaths required or authorized to be administered in the state; take and certify all depositions to be used in any of the courts of the state; take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney and other instruments in writing or electronic records; and receive, make out and record notarial protests. The Secretary of State's website ([10]) provides more information about the duties, requirements and appointments of notaries public.

Montana

Montana notaries public are appointed by the Secretary of State and serve a four-year term. A Montana notary public has jurisdiction throughout the states of Montana, North Dakota, and Wyoming. These states permit notaries from neighboring states to act in the state in the same manner as one from that state under reciprocity, e.g., as long as that state grants notaries from neighboring states to act in their state. [Montana Code 1-5-605]

Nevada

The Secretary of State is charged with the responsibility of appointing notaries by the provisions of Chapter 240 of the Nevada Revised Statutes. Nevada notaries public who are not also practicing attorneys are prohibited by law from using "notario", "notario publico" or any non-English term to describe their services. (2005 Changes to NRS 240)

Nevada notary duties: administer oaths or affirmations; take acknowledgments; use of subscribing witness; certify copies; and execute jurats or take a verification upon oath or affirmation.

The State of Nevada Notary Division Page provides more information about duties, requirements, appointments, and classes.

New Jersey

Notaries are commissioned by the State Treasurer for a period of five years. Notaries must also be sworn in by the clerk of the county in which he or she resides. One can become a notary in the state of New Jersey if he or she: (1) is over the age of 18; (2) is a resident of New Jersey OR is regularly employed in New Jersey and lives in an adjoining state; (3) has never been convicted of a crime under the laws of any state or the United States, for an offense involving dishonesty, or a crime of the first or second degree, unless the person has met the requirements of the Rehabilitated Convicted Offenders Act (NJSA 2A:168-1). Notary applications must be endorsed by a state legislator.

Notaries in the state of New Jersey serve as impartial witnesses to the signing of documents, attests to the signature on the document, and may also administer oaths and affirmations. Seals are not required; many people prefer them and as a result, most notaries have seals in addition to stamps. Notaries may administer oaths and affirmations to public officials and officers of various organizations. They may also administer oaths and affirmations in order to execute jurats for affidavits/verifications, and to swear in witnesses.

Notaries are prohibited from pre-dating actions; lending notary equipment to someone else (stamps, seals, journals, etc.); preparing legal documents or giving legal advice; appearing as a representative of another person in a legal proceeding. Notaries should also refrain from notarizing documents in which they have a personal interest.

By statute, New Jersey attorneys may administer oaths and affirmations.

New York

Main article: Notary public (New York)
New York notaries are empowered to administer oaths and affirmations (including oaths of office), to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest these (that is, certify them) for non-acceptance or non-payment. They are not empowered to marry couples, their notarization of a will is insufficient to give the will legal force, and they are strictly forbidden to certify "true copies" of documents. Every county clerk's office in New York must have a notary public available to serve the public free of charge.

Admitted attorneys are automatically eligible to be Notaries in the State of New York, but must make an application through the proper channels and pay a fee.

New York notaries initially must pass a test and then renew their status every 4 years.

Oregon

Oregon notaries public are appointed by the Governor and commissioned by the Secretary of State to serve a four year term. Oregon notaries are empowered to administer oaths, jurats and affirmations (including oaths of office), to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest these (that is, certify them) for non-acceptance or non-payment. They are also empowered to certify "true copies" of most documents. Every court clerk in Oregon is also empowered to act as a Notary Public, although they are not required to keep a journal. Oregon formerly required that impression seals be used, but now it is optional. The ink seal must be in black ink [26]. Beginning in 2001, all Oregon Notaries were required to pass an open-book examination to receive their commission. Beginning in 2006, new notary applicants were also required to complete a free three-hour online or live in-person instructional seminar, however this requirement is waived for notaries who are renewing their commissions, as long as the commission is renewed before its expiration date [27]. Oregon law specifically prohibits the use of the term "notorio publico" by a notary in advertising his or her services, but translation of the title into other languages is not restricted.

Pennsylvania

Main article: Notary public (Pennsylvania)
A notary in the Commonwealth of Pennsylvania is empowered to perform seven distinct official acts: take affidavits, verifications, acknowledgments and depositions, certify copies of documents, administer oaths and affirmations, and protest dishonored negotiable instruments. A notary is strictly prohibited from giving legal advice or drafting legal documents such as contracts, mortgages, leases, wills, powers of attorney, liens or bonds. Pennsylvania is one of the few states with a successful Electronic Notarization Initiative. For more information, visit the Secretary of the Commonwealth's website at http://www.dos.state.pa.us/notaries/.Note that as of Jan 9, 2011 Pennsylvania is accepting new applicants for this program.

South Carolina

South Carolina notaries public are appointed by the Governor to serve a ten year term. All applicants must first have that application endorsed by a state legislator before submitting their application to the Secretary of State. South Carolina is one of three states (Florida and Maine are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony).[28]

Utah

Utah notaries public are appointed by the Lieutenant Governor to serve a four year term. Utah used to require that impression seals be used, but now it is optional. The seal must be in purple ink.

Virginia

Main article: Notary public (Virginia)
A Virginia notary must either be a resident of Virginia or work in Virginia, and is authorized to acknowledge signatures, take oaths, and certify copies of non-government documents which are not otherwise available, e.g. a notary cannot certify a copy of a birth or death certificate since a certified copy of the document can be obtained from the issuing agency. Changes to the law effective 1 July 2008 imposes certain new requirements; while seals are still not required, if they are used they must be photographically reproducible. Also, the notary's registration number must appear on any document notarized.[29] Changes to the law effective 1 July 2008 will permit notarization of electronic signatures. This has been delayed by the Governor. His office is not appointing any electronic notaries until standards have developed for electronic notarization.[30]

Washington

In Washington State, any resident or resident of an adjacent state employed in Washington may apply to become a notary public. Applicants must obtain a $10,000 surety bond and present proof at a Department of Licensing. A Notary Public is appointed for a term of 4 years.[31]

Wyoming

Wyoming notaries public are appointed by the Secretary of State and serve a four year term. A Wyoming notary public has jurisdiction throughout the states of Wyoming and Montana. These states permit notaries from neighboring states to act in the state in the same manner as one from that state under reciprocity, e.g. as long as that state grants notaries from neighboring states to act in their state.

Controversies

A Maryland requirement that to obtain a commission, a notary declare his belief in God, as required by the Maryland Constitution, was found by the United States Supreme Court in Torcaso v. Watkins, 367 U.S. 488 (1961) to be unconstitutional. Historically, some states required that a notary be a citizen of the United States. However, the U.S. Supreme Court, in the case of Bernal v. Fainter 467 U.S. 216 (1984) (the Fainter case), declared that to be impermissible.

In the U.S., there are reports of notaries (or people claiming to be notaries) having taken advantage of the differing roles of notaries in common law and civil law jurisdictions to engage in the unauthorized practice of law. [11] The victims of such scams are typically illegal immigrants from civil law countries who need assistance with, for example, their immigration papers and want to avoid hiring an attorney. Confusion often results from the mistaken premise that a notary public in the United States serves the same function as a Notario Publico in Spanish-speaking countries (which are civil law countries, see below). Prosecutions in such cases are difficult, as the victims are often deported and thus unavailable to testify.

Military

Certain members of the United States Armed Forces are given the powers of a notary under federal law (10 U.S.C. section 1044). 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.
 

Legalisation of Documents in others countries

List of countries Member of the Hague Convention

Notarial Wording