ME Notary key terms
ME Notary · Get comfortable with the vocabulary.
- Commission
- Related: Term of commission, Secretary of State, Oath of office
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.
- Secretary of State
- Related: Commission, Complaint, Revocation
The state official who receives notary applications, issues and renews commissions, keeps notary records, and investigates complaints and imposes discipline against notaries.
- Notary application
- Related: Commission, Surety bond, Term of commission
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.
- Surety bond
- Related: Commission, Civil liability, Notary application
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.
- Oath of office
- Related: Commission, Oath, Affirmation
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.
- Term of commission
- Related: Commission, Official stamp requirements, Revocation
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.
- Notarial act
- Related: Acknowledgment, Jurat, Certified copy
Any official act a notary is authorized by law to perform, including taking acknowledgments, administering oaths and affirmations, witnessing signatures, and certifying copies.
- Notarial officer
- Related: Notary public, Notarial act, Commission
A person who holds authority to perform notarial acts, such as a notary public, judge, clerk of court, or other official designated by statute.
- Acknowledgment
- Related: Jurat, Notarial certificate, Personal appearance
A notarial act in which a signer personally appears before the notary and states that they signed the record voluntarily for its stated purpose.
- Jurat
- Related: Oath, Affirmation, Verification on oath or affirmation
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.
- Verification on oath or affirmation
- Related: Oath, Affirmation, Jurat
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.
- Oath
- Related: Affirmation, Jurat, Oath of office
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.
- Affirmation
- Related: Oath, Jurat, Verification on oath or 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.
- Certified copy
- Related: Notarial act, Notarial certificate, Prohibited act
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.
- Witnessing or attesting a signature
- Related: Personal appearance, Notarial certificate, Signature by mark
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.
- Signature by mark
- Related: Witnessing or attesting a signature, Notarial certificate, Personal appearance
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.
- Notarial certificate
- Related: Venue, Official stamp or seal, Jurat
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.
- Venue
- Related: Notarial certificate, Personal appearance, Remote notarization
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.
- Official stamp or seal
- Related: Official stamp requirements, Commission, Notarial certificate
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.
- Official stamp requirements
- Related: Official stamp or seal, Term of commission, Notarial certificate
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.
- Notarial journal
- Related: Journal entry, Journal retention, Custody of 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.
- Journal entry
- Related: Notarial journal, Satisfactory evidence, Notarial act
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.
- Journal retention
- Related: Notarial journal, Custody of journal, Revocation
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.
- Custody of journal
- Related: Notarial journal, Suspension, Revocation
The rules governing who holds the notarial journal and where it must be delivered when a notary resigns, dies, is suspended, or is revoked.
- Personal appearance
- Related: Satisfactory evidence, Remote notarization, Acknowledgment
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.
- Satisfactory evidence
- Related: Credible identifying witness, Personal appearance, Journal entry
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.
- Credible identifying witness
- Related: Satisfactory evidence, Oath, Personal appearance
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.
- Remote notarization
- Related: Personal appearance, Notarial act, Venue
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.
- Conflict of interest
- Related: Prohibited act, Civil liability, Complaint
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.
- Prohibited act
- Related: Conflict of interest, Unauthorized practice of law, Certified copy
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.
- Unauthorized practice of law
- Related: Prohibited act, Notarial certificate, Civil liability
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.
- Civil liability
- Related: Surety bond, Conflict of interest, Complaint
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.
- Complaint
- Related: Grounds for discipline, Suspension, Revocation
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.
- Suspension
- Related: Revocation, Custody of journal, Grounds for discipline
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.
- Revocation
- Related: Suspension, Custody of journal, Commission
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.
- Administrative penalty
- Related: Grounds for discipline, Complaint, Revocation
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.
- Grounds for discipline
- Related: Complaint, Administrative penalty, Suspension
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.