Notary Public key terms
Notary Public · Get comfortable with the vocabulary.
- commission
- Related: jurisdiction, notarial act
The official appointment and authorization from a state authority that empowers a person to act as a notary public for a specified term and within a defined geographic area.
- jurisdiction
- Related: commission, venue
The geographic area and legal authority within which a notary public is commissioned and may perform notarial acts, typically a county or state as defined by law.
- notarial act
- Related: acknowledgment, jurat, oath
Any act that a notary public is authorized to perform, including acknowledgments, jurats, oaths, affirmations, copy certifications, and signature witnessing.
- acknowledgment
- Related: jurat, personal appearance, notarial certificate
A notarial act in which a signer personally appears before the notary, is identified, and declares that they executed the document voluntarily for its stated purpose.
- jurat
- Related: acknowledgment, oath, affirmation
A notarial act in which the signer personally appears, swears or affirms the truthfulness of the document's contents, and signs in the notary's presence, with the notary certifying the oath.
- oath
- Related: affirmation, jurat, affidavit
A solemn promise or declaration made before a notary, often invoking a deity, that the statement made or testimony given is true and that the person will fulfill an obligation.
- affirmation
- Related: oath, jurat
A solemn declaration made under penalty of perjury by a person who chooses not to swear an oath, often for religious or personal reasons, having the same legal effect as an oath.
- affidavit
- Related: jurat, oath, affirmation
A written statement of facts voluntarily made by a person under oath or affirmation before a notary or other authorized officer, confirmed by the person's signature and the notary's jurat.
- personal appearance
- Related: acknowledgment, jurat, identification
The requirement that the signer be physically present before the notary at the time of the notarial act, either directly or by an approved remote online method where authorized.
- satisfactory evidence
- Related: identification, credible witness, personal appearance
The identification standard a notary must meet, typically through a government-issued photo ID or credible identifying witnesses, to confirm a signer's identity before performing a notarial act.
- credible witness
- Related: satisfactory evidence, identification
A person who personally knows the signer and, under oath, vouches for the signer's identity when the signer lacks acceptable identification, often requiring one or two such witnesses by law.
- notarial certificate
- Related: acknowledgment, jurat, seal
The written statement attached to or endorsed on a document that records the notarial act performed, including the notary's signature, seal, date, and required wording.
- notary seal
- Related: notarial certificate, journal
The official stamp or embosser used by a notary to authenticate notarial acts, typically containing the notary's name, commission number, jurisdiction, and expiration date as required by state law.
- journal
- Related: notary seal, notarial certificate
A bound or electronic record in which a notary logs each notarial act, including the date, type of act, signer's name, identification presented, and other details required by state law.
- venue
- Related: jurisdiction, notarial certificate
The geographic location, typically the state and county, where a notarial act is performed, which is stated on the notarial certificate to establish the notary's authority.
- prohibited acts
- Related: conflict of interest, unauthorized practice of law
Actions a notary is legally barred from performing, such as notarizing their own signature, providing legal advice, or performing a notarial act without required personal appearance.
- conflict of interest
- Related: prohibited acts, impartiality
A situation in which a notary has a personal or financial interest in a transaction that could compromise their impartiality, such as notarizing a document for a family member or business partner.
- impartiality
- Related: conflict of interest, prohibited acts
The principle that a notary must act as an unbiased, disinterested witness without favoring any party and without personal benefit from the transaction being notarized.
- unauthorized practice of law
- Related: prohibited acts, legal advice
The prohibited act of a non-lawyer, including a notary, giving legal advice, drafting legal documents, or selecting documents for a signer, which is reserved for licensed attorneys.
- fraud prevention
- Related: satisfactory evidence, personal appearance, improper request
The notary's duty to detect and deter fraud by carefully verifying identity, witnessing signatures, and refusing to notarize when circumstances appear suspicious or coercive.
- improper request
- Related: prohibited acts, fraud prevention
A request for a notary to perform an act that is illegal, unethical, or outside their authority, such as backdating a certificate or notarizing a blank document.
- remote online notarization (RON)
- Related: personal appearance, satisfactory evidence
A notarial act performed using audio-video technology that allows the signer and notary to be in different locations while meeting personal appearance requirements through identity proofing and recording.
- certified copy
- Related: notarial act, notarial certificate
A copy of an original document that a notary certifies as a true and accurate reproduction after comparing it to the original, where authorized by state law.
- signature witnessing
- Related: notarial act, personal appearance
A notarial act in which the notary observes a person sign a document and certifies that the signature was made in their presence by the person named.
- notary bond
- Related: errors and omissions insurance, liability
A surety bond required in many states that provides financial protection to the public against losses caused by a notary's misconduct or errors in performing notarial duties.
- errors and omissions insurance
- Related: notary bond, liability
A professional liability policy that protects a notary against claims of negligence or mistakes in performing notarial acts, separate from the required surety bond.
- notary misconduct
- Related: prohibited acts, liability
Any violation of notary law or ethical standards, including performing unauthorized acts, failing to keep required records, or acting with dishonesty, which can lead to penalties or commission revocation.
- acknowledgment certificate
- Related: acknowledgment, notarial certificate
The specific wording on a document completed by a notary to document an acknowledgment, including the signer's name, date, venue, and the notary's signature and seal.
- jurat certificate
- Related: jurat, notarial certificate
The specific wording on a document completed by a notary to document that the signer swore or affirmed the truth of the contents in the notary's presence, including the date and notary's signature.
- identification document
- Related: satisfactory evidence, personal appearance
A government-issued document, such as a driver's license, passport, or state ID card, that contains a photograph and signature and is used to verify a signer's identity.
- notary commission number
- Related: commission, notary seal
A unique identifier assigned to a notary by the commissioning state, often required to appear on the notary seal and in the notary's journal.
- term of commission
- Related: commission, notary commission number
The specific period, usually four years, during which a notary's commission is valid, after which the notary must apply for renewal to continue performing notarial acts.
- notarial records retention
- Related: journal, notary seal
The legal requirement to keep notary journals and other records for a specified number of years after the last notarial act, as defined by state statute.
- signer awareness
- Related: personal appearance, fraud prevention
The notary's obligation to ensure the signer is conscious, alert, and understands the nature of the document and the notarial act being performed.
- duress or coercion
- Related: fraud prevention, improper request
A situation in which a signer is forced or pressured to sign a document against their will, which the notary must detect and refuse to proceed if suspected.
- notary liability
- Related: notary bond, errors and omissions insurance, notary misconduct
The legal responsibility a notary bears for their official acts, including potential civil liability for negligence and criminal penalties for misconduct or fraud.