When you find yourself in need of notary service, there are certain steps you can take to prepare for your appointment. But, did you know that a notary public also has guidelines he or she needs to abide by? Below are some common misconceptions and the facts about notaries:
Myth – Anyone can be a notary public.
Fact: Qualifications vary by state, but typically, an individual must meet the following requirements to be eligible to become a notary:
- At least 18 years old
- A legal resident of the state
- No criminal record
There can be additional requirements, such as the completion of notary training, which vary by state.
Myth – A notary can give legal advice.
Fact: Unless he or she is also an attorney, notaries are prohibited from giving legal advice or acting as a legal advisor to signers.
Myth – As a public official, a notary cannot refuse to notarize my documents.
Fact – A notary may refuse service for the following reasons:
- Cannot verify the signer’s identity
- Has reason to believe the signer is not voluntarily signing the document
- Cannot confirm the signer is willing to sign the document
- Has a valid reason to suspect fraud
However, notaries cannot refuse service based on race, religion, national origin, or lifestyle. They also cannot refuse to notarize documents for people who are not customers or clients.
Myth – Notaries can charge whatever they want for signatures.
Fact – Notary fees are usually set by state law, and the charges vary by state. However, a mobile notary may charge an additional fee for traveling, and this fee is not regulated by the state.
Myth – A “Notario publico” is the same as “notary public.”
Fact: While “notario publico” literally translates into English as “notary public,” these terms represent different responsibilities in different countries. In Latin nations, a Notario Publico is the title of an attorney-like officer. In the U.S., a notary must also be a lawyer in order to legally prepare documents and give advice.
Most PostalAnnex locations offer the services of a commissioned and insured Notary Public. Notary services are usually available during store business hours, and some locations even offer mobile services. If you need to get documents notarized, visit our Store Locator to find the PostalAnnex nearest you.
Source: National Notary Association
