Notarization: What a Notary Does and Does Not Do
Notarization is the act of a notary public verifying the identity of a person who signs a document and certifying the signature. The California Secretary of State describes the notary as a public official appointed by the state, and says the notarial certificate states that the notary "verifies only the identity of the individual who signed the document."
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What a notary does
The two most common notarial acts are:
- Acknowledgment. The signer appears before the notary and confirms they signed the document.
- Jurat. The signer takes an oath or affirmation and signs in the notary's presence.
For either act the notary must certify the signer's identity from satisfactory evidence, such as a current driver's license, state ID or passport. In California the notary also records the ID details in a journal.
What a notary does not do
- Check the contents. The notary does not confirm that the contents of the document are true, accurate or valid.
- Give legal advice. Notaries may not do work that counts as the practice of law, and should refer people to an attorney.
- Notarize incomplete documents. A notary must refuse a document that is known or visibly incomplete.
Notarization and apostilles
A notarization is sometimes the first step before an apostille. The Kansas Secretary of State, for example, says its apostilles and authentications cover documents notarized by a Kansas notary as well as Kansas vital records and court documents. Rules vary by state.
Frequently asked questions
Is a notarized copy the same as a certified copy of a vital record?
No. A notary confirms a signer's identity. A certified copy of a vital record comes from the government office that holds the record. Check with that office for what it issues.
Can a notary give legal advice?
No. California says notaries may not perform duties that amount to the practice of law.
Do notary rules differ by state?
Yes. The California rules above are one state's example, and other states set their own.
Sources
US Records is a private company and is not a government agency. Government agencies issue certified records; we help you order them.
Written By
US Records TeamThe US Records Team writes and reviews guides on birth, death, marriage and divorce certificates, using state statutes, agency instructions and court records as sources.
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