ME Notary study materials
ME Notary study resources

ME Notary key terms

ME Notary · Get comfortable with the vocabulary.

Commission

The written authorization issued by the state that grants a person legal authority to act as a notary public for a specified period. Acting after a commission ends or is revoked is unlawful.

Related: Term of commission, Secretary of State, Oath of office
Secretary of State

The state official who receives notary applications, issues and renews commissions, keeps notary records, and investigates complaints and imposes discipline against notaries.

Related: Commission, Complaint, Revocation
Notary application

The form and supporting materials a person files to request a notary commission, showing eligibility, residency or employment details, and any required fee or bond information.

Related: Commission, Surety bond, Term of commission
Surety bond

A bond filed with the state that creates a fund from which a person harmed by a notary's official misconduct may recover money, up to the amount stated in the bond.

Related: Commission, Civil liability, Notary application
Oath of office

The sworn promise a newly commissioned notary takes to faithfully and honestly perform the duties of the office. A notary generally may not act before taking it.

Related: Commission, Oath, Affirmation
Term of commission

The fixed period during which a notary's authority is valid, ending on the expiration date shown on the commission and on the notary's stamp.

Related: Commission, Official stamp requirements, Revocation
Notarial act

Any official act a notary is authorized by law to perform, including taking acknowledgments, administering oaths and affirmations, witnessing signatures, and certifying copies.

Related: Acknowledgment, Jurat, Certified copy
Notarial officer

A person who holds authority to perform notarial acts, such as a notary public, judge, clerk of court, or other official designated by statute.

Related: Notary public, Notarial act, Commission
Acknowledgment

A notarial act in which a signer personally appears before the notary and states that they signed the record voluntarily for its stated purpose.

Related: Jurat, Notarial certificate, Personal appearance
Jurat

A notarial act in which the signer swears or affirms to the truth of a signed record, and the notary certifies that the oath or affirmation was administered.

Related: Oath, Affirmation, Verification on oath or affirmation
Verification on oath or affirmation

A notarial act in which the notary administers an oath or affirmation to a person and certifies that the statements made were given under that oath or affirmation.

Related: Oath, Affirmation, Jurat
Oath

A solemn promise in which the person swears to tell the truth and typically invokes a deity or accepts punishment for falsehood. A notary administers it and records that it was given.

Related: Affirmation, Jurat, Oath of office
Affirmation

A solemn promise to tell the truth made without any reference to a deity. It is legally equivalent to an oath and is used for people who object to swearing.

Related: Oath, Jurat, Verification on oath or affirmation
Certified copy

A notarial act in which the notary reviews an original record and confirms, in a certificate, that a copy is an accurate and complete reproduction of that original.

Related: Notarial act, Notarial certificate, Prohibited act
Witnessing or attesting a signature

A notarial act in which the notary observes a person sign a record, or hears the person acknowledge a signature, and certifies that the signature was made in the notary's presence.

Related: Personal appearance, Notarial certificate, Signature by mark
Signature by mark

A signature made by a person who cannot write, usually a symbol or thumbprint, which the notary must identify and describe in the certificate and may require witnesses to support.

Related: Witnessing or attesting a signature, Notarial certificate, Personal appearance
Notarial certificate

The written statement attached to or printed on a record in which the notary describes the act performed, states the facts observed, and signs and stamps as proof.

Related: Venue, Official stamp or seal, Jurat
Venue

The state and county where the notarial act took place, usually stated at the top of the notarial certificate so the location of the act is documented.

Related: Notarial certificate, Personal appearance, Remote notarization
Official stamp or seal

The device a notary uses to imprint the required information on a notarial certificate. It may be a physical rubber stamp or an approved electronic seal.

Related: Official stamp requirements, Commission, Notarial certificate
Official stamp requirements

The statutorily required contents of a notary's stamp, such as the notary's name, the words notary public, the state, and the commission expiration date.

Related: Official stamp or seal, Term of commission, Notarial certificate
Notarial journal

A permanent, chronological record in which the notary logs every notarial act performed, kept in a bound or approved format and preserved for official inspection.

Related: Journal entry, Journal retention, Custody of journal
Journal entry

The individual record of one notarial act, containing required details such as the date, the signer's name and address, the type of identification used, and the act performed.

Related: Notarial journal, Satisfactory evidence, Notarial act
Journal retention

The period a notary must keep the notarial journal after the last entry or after leaving office, whichever rule applies, before it may lawfully be destroyed.

Related: Notarial journal, Custody of journal, Revocation
Custody of journal

The rules governing who holds the notarial journal and where it must be delivered when a notary resigns, dies, is suspended, or is revoked.

Related: Notarial journal, Suspension, Revocation
Personal appearance

The requirement that the signer be physically present in front of the notary at the time of the act, unless a statute authorizes remote notarization by communication technology.

Related: Satisfactory evidence, Remote notarization, Acknowledgment
Satisfactory evidence

The identification standard a notary must meet before acting, typically a current government-issued photo identification, or the sworn statement of a credible witness personally known to the notary.

Related: Credible identifying witness, Personal appearance, Journal entry
Credible identifying witness

A person who personally knows the signer, appears before the notary, and swears under penalty of perjury to the signer's identity, used when documentary identification is unavailable.

Related: Satisfactory evidence, Oath, Personal appearance
Remote notarization

Performance of a notarial act for a signer who is not physically present with the notary, using audio-video or other technology expressly permitted by statute and its procedures.

Related: Personal appearance, Notarial act, Venue
Conflict of interest

A situation in which the notary has a personal, family, or financial stake in the transaction or record, making it improper for the notary to perform the act.

Related: Prohibited act, Civil liability, Complaint
Prohibited act

Conduct a notary may not lawfully engage in, such as notarizing the notary's own signature, using a false stamp, acting without a commission, or certifying a copy of a public record.

Related: Conflict of interest, Unauthorized practice of law, Certified copy
Unauthorized practice of law

Actions a non-lawyer notary may not take, such as giving legal advice, choosing a certificate type for a signer, or drafting documents that affect legal rights.

Related: Prohibited act, Notarial certificate, Civil liability
Civil liability

A notary's legal responsibility to pay money damages to a person harmed by the notary's negligent, careless, or wrongful performance of a notarial act.

Related: Surety bond, Conflict of interest, Complaint
Complaint

A written allegation filed with the Secretary of State asserting that a notary violated notary law or acted improperly, which may trigger an investigation and disciplinary review.

Related: Grounds for discipline, Suspension, Revocation
Suspension

A temporary withdrawal of a notary's authority to act, ordered by the state, during which the notary may not lawfully perform any notarial act.

Related: Revocation, Custody of journal, Grounds for discipline
Revocation

A permanent termination of a notary's commission by the state, which ends all authority to act and generally requires surrender of the stamp and journal.

Related: Suspension, Custody of journal, Commission
Administrative penalty

A monetary fine or other sanction imposed by the Secretary of State for violations of notary law, imposed separately from any criminal or civil consequences.

Related: Grounds for discipline, Complaint, Revocation
Grounds for discipline

The statutory list of behaviors that justify sanctions against a notary, such as fraud, dishonesty, incompetence, failure to keep records, or acting outside official authority.

Related: Complaint, Administrative penalty, Suspension