A knowledgeable notary plays a critical role in protecting the integrity of important transactions and legal documents. Their understanding of notarial laws, proper procedures, and document types ensures that signatures are authentic, parties are acting willingly, and all legal requirements are met. This helps prevent fraud, supports the validity of agreements, and gives clients peace of mind. Whether you’re signing real estate documents, affidavits, or powers of attorney, working with a well-informed notary safeguards your interests and keeps the process legally sound.
1. Bring Valid, Unexpired ID
Make sure to bring a government-issued photo ID such as a driver’s license, passport, or state ID. The name should match the name on the documents.
2. Do Not Sign the Document in Advance
Most notarial acts require that you sign in the presence of the notary. Signing beforehand can invalidate the notarization.
3. Know What Type of Notarization You Need
Understand whether you need an acknowledgment, jurat (oath/affirmation), or copy certification. If unsure, the notary can explain the differences, but cannot choose for you.
4. Bring All Required Documents
Ensure you bring the entire document to be notarized, not just the signature page. The notary must review the complete document.
5. Ensure All Signers Are Present
If multiple people need to sign, all signers must be present with their own IDs unless the notary is scheduled to meet them individually.
6. Complete Blank Sections Beforehand (if possible)
Any blank spaces in a document should be filled in before the appointment, unless the notary needs to witness you filling them out.
7. Be Aware of State Laws
Some states (like North Carolina) have unique notarial laws, especially for real estate or attorney-involved closings. Be informed or ask the notary if your situation has any special requirements.
8. Be Mentally Aware and Willing
You must be of sound mind and willing to sign. Notaries are required to refuse service if they believe you’re under duress or don’t understand what you’re signing.
9. Understand Fees in Advance
Ask about notary fees upfront, including travel, after-hours, or additional document fees for mobile notaries or signings outside standard hours.
10. Bring a Witness If Needed
Some documents require witnesses in addition to the notary. Notaries often cannot act as both the notary and a witness, so bring your own unless arranged otherwise.
Key Points About Apostilles
1. The Hague Convention of 1961
Apostilles are issued under the Hague Apostille Convention of 1961, an international treaty that simplifies the process of authenticating documents for use in member countries. This agreement allows notarized documents to be accepted across borders without further legalization by embassies or consulates.
2. Issued by the State
In the United States, apostilles are typically issued by the Secretary of State’s office in the state where the document was notarized. Each state has its own process for requesting an apostille, usually requiring an application and a fee.
3. Required for International Use
When a legal or official document needs to be sent abroad, an apostille ensures that the receiving country recognizes the notarization. This is particularly important for business transactions, immigration processes, and international legal matters.
4. Not Performed by Notaries
Apostilles are not issued by notaries. Instead, a notary may be involved in notarizing the document before it is submitted for authentication. The process of obtaining an apostille is handled through the appropriate government agency.
Assisting Clients with Apostilles
If you frequently work with clients who need documents authenticated for international use, understanding the apostille process can be valuable. Would you like guidance on how to help clients obtain an apostille in North Carolina?