What is a notary public?
Trust us, you’re not the first to ask that. There’s a reason why Notary Publics are becoming a lucrative “side hustle” for entrepreneurs with a legal background.
Now more than ever, people need notaries to do the duties that everyday citizens can’t perform — without having to pay expensive lawyer fees.
Figures vary by states, but Notary Publics are often the largest group of public officials. There are currently 95,000 Notary Publics operational across the State of Indiana, for example. And the national growth of notaries has been fairly consistent, save a stretch in the late 2000s.
The high number of notary officials says something about the needs of citizens across the United States: There are many significant life milestones, decisions, and ventures that you can’t complete without a notary signing off on them first.
If you think this sounds a lot like something an attorney would do, think again: Notary Publics are not lawyers.
They can’t give legal advice, nor can they prepare legal documents, and there are only a handful of tasks they are allowed to perform. However, these tasks are crucial to certain functions of the Secretary of State’s office.
Besides certifying documents, administering oaths, or taking affidavits, the position of the Notary Public holds historical integrity. There’s a level of trust, transparency, and due diligence that comes with the office holder’s primary duties.
If you’ve ever wondered what, precisely, a Notary Public official can help you with, use this guide to get the full picture.
What Do Notary Publics Do?
In the United States, the precise details of a notary official vary from state to state. Some requirements are mandatory in one state but optional in others.
The office of the Notary Public is also fulfilled by a person who is appointed by the state’s government. It’s usually the Secretary of State’s office, but in some states like Utah, this could be the Lieutenant Governor’s office.
Notary Publics are responsible for three to four broad duties. Each state issues the notary official with a handbook that outlines the details of these duties and guidelines on legal, ethical execution. The requirements of the handbook are best practices though. If there’s ever a dispute, official statutes will make or break the ruling — not the handbook.
Notaries take office through a very specific process. They’re intended to be impartial witnesses when signing documents, taking acknowledgments, and affirming the truth of information within a document.
“A notary is a verifier, authenticator, person of integrity appointed to the office, person commission to seal documents, impartial agent for the state, public recorder of acts, public servant.” — Colorado Secretary of State Handbook
There are limits and exceptions to these general duties, as each state’s requirements for Notary Publics vary. In some jurisdictions, they may be able to:
- Take depositions
- Certify any petitions
- Witness third-party absentee ballots
- Provide marriage licenses
- Solemnize civil marriages
- Witness the opening of a safe deposit box and draft an official inventory of its contents
- Draft protests of dishonored checks and promissory notes
Depositions are especially important. It’s why so many US court reporters are also notary publics — their position requires them to swear in depositions. Additionally, some individuals within a financial firm may also be notary officials.
