What Does A Notary Public Actually Do?

You’ve probably heard someone say, “I just need this notarized.”

But what does “notarized” actually mean?

Many people assume a Notary Public reviews a document, confirms that everything written in it is correct, and then places a stamp on it. In reality, the role of a notary is very different—and understanding that role can make your next notarization much easier.

A Notary Public Is an Impartial Official

A Texas Notary Public is commissioned by the State of Texas to perform authorized notarial acts. One of the most important responsibilities of a notary is to remain impartial. The notary isn't there to represent one party over another or decide whether a transaction is fair. Instead, the notary performs the requested notarial act while following Texas notarial requirements.

1. A Notary Verifies Identity

Identity verification is one of the most recognizable parts of a notarization.

The notary must be satisfied that the individual appearing for the notarization is the person they claim to be. This is one reason you should ask your notary about identification requirements before your appointment. Showing up without appropriate identification can prevent the notarization from being completed.

2. A Notary Watches for Willingness

A signature should be made willingly. A notary should be alert to circumstances suggesting that a signer is being pressured, threatened, or coerced into completing a transaction. This can become particularly important during appointments involving elderly or vulnerable individuals. Family members may have the best intentions, but the notary still has an independent responsibility when interacting with the signer.

3. A Notary Must Be Able to Communicate With the Signer

The notary needs to communicate sufficiently with the signer to perform the requested notarial act. This can be particularly important during hospital, nursing home, assisted-living, and other healthcare-related appointments. A family member should not answer the notary's questions for the signer. If the circumstances prevent the notary from satisfactorily completing the required notarial process, the appointment may need to be stopped.

4. A Notary May Administer an Oath or Affirmation

Some documents require a jurat. With a jurat, the signer generally signs in the presence of the notary and makes an oath or affirmation regarding the truthfulness of the statements in the document. An oath or affirmation is not simply a formality. It is part of the notarial act.

5. A Notary May Take an Acknowledgment

An acknowledgment is different from a jurat. For an acknowledgment, the signer acknowledges to the notary that they signed the document for the purposes stated in it.

One important difference is that a document requiring an acknowledgment may already have been signed before it is presented to the notary, provided the signer personally appears before the notary and properly acknowledges the signature.

6. A Notary Completes the Notarial Certificate

After the requirements of the notarization have been satisfied, the notary completes the appropriate notarial certificate. Depending on the circumstances, this includes information such as the date and location of the notarization, the required certificate wording, the notary's signature, and the notarial seal. The stamp isn't what makes the entire process a notarization. It is one component of a properly completed notarial act.

What Doesn't a Notary Do?

Understanding what a notary cannot do is just as important. A Texas Notary Public who is not an attorney cannot provide legal advice simply because they are a notary.

That means your notary cannot:

• Tell you whether you should sign a document

• Explain what a legal document means for you

• Tell you which legal document you need

• Choose a notarial certificate for you when that choice would constitute legal advice

• Guarantee that the information contained in a document is true

• Guarantee that a document is legally valid or enforceable

If you have questions about the legal meaning or effect of a document, those questions should be directed to an attorney or other appropriate professional.

More Than “Just a Stamp”

A notarization may take only a few minutes, but there is much more happening than simply placing a stamp on a piece of paper. The notary is performing an official function that may include verifying identity, communicating directly with the signer, assessing willingness, administering an oath or affirmation, completing a notarial certificate, and documenting the notarization as required. That's why I often say that professional notarization is about protecting the integrity of the seal.

At The Thomas Seal, LLC, every notarization is approached with professionalism, impartiality, and attention to detail. With more than 30 years of Texas notarial experience, I understand that while a notarization may be part of my everyday work, the document being signed may represent a very important moment in yours.

The Thomas Seal, LLC

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Serving Fort Worth, Benbrook, Tarrant County, and surrounding communities.

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Legal Notice: I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice.