Powers and Official Duties of a Notary Public
Statewide authority, limited role
A Minnesota notary may administer oaths and affirmations, take acknowledgments, take affidavits and verifications, and perform other notarial acts authorized by statute. Authority is statewide, so a notary commissioned in Hennepin County may act in St. Louis County. That authority is not a license to practice law: a notary may not explain a document's legal effect, choose a form for a customer, draft a deed or will, or tell a signer whether to sign.
Duties at the table
The notary must require the signer's personal appearance, identify the signer, determine that the signature is voluntary and the signer appears competent, administer an oath when the certificate is a jurat, and complete a certificate that states what actually happened. The notary then signs and stamps the certificate. If the signer cannot communicate with the notary or appears coerced or confused, the notary should stop the act.
Worked example
A customer brings an affidavit and says, "Just stamp it; I already swore at home." The notary must not complete a jurat. A jurat certifies that the signer subscribed and swore before the notary at that time. The notary should ask the signer to raise a hand, administer the oath or affirmation, watch the signature, and then complete the jurat.
Traps
- Using an acknowledgment certificate for a sworn statement, or a jurat for an unsworn acknowledgment.
- Notarizing a document in which the notary has a personal stake.
- Giving legal advice ("this deed is valid") instead of describing the notarial act.
- Acting outside Minnesota and assuming every recorder will honor the certificate.