NOTARIAL FAQ'S

Answer to question 0

1. What is a notary public? 

A notary public is a state-appointed official who witnesses the signing of important documents to prevent fraud, verify identity, and administer oaths. While they do not offer legal advice, notaries play a crucial role in various transactions.

2. What is Identity Authentication?

Identity authentication is the process of verifying that a person is who they claim to be. This usually involves checking official documents, such as a driver's license or passport, to confirm the individual's identity. The goal is to prevent fraud and ensure that the person signing or acting on a document is indeed the rightful and authorized party.

3. What is Capacity?

When a notary is assessing a signer, they ensure that the signer has the capacity, which means the mental ability to understand the nature and effect of the document they are signing. This ensures that the signer is aware of what they are agreeing to and is doing so voluntarily. 
Or
​In the context of Apostille services, 'capacity' refers to the official role of the public official who has signed the document, such as a notary public or government clerk. The Apostille certifies not only the authenticity of the signature but also the authority and role in which the official acted when signing. 

4. What documents require the administration of oaths? 

Documents that often require the administration of oaths include affidavits, sworn statements, depositions, and certain types of legal documents like wills or testimonies. These documents typically require the signer to swear or affirm that the information provided is true and accurate to the best of their knowledge, under penalty of perjury.

5. How do I know if my document needs notarization? 

Documents that commonly require notarization include affidavits, real estate deeds, wills, powers of attorney, and certain business agreements. If you're unsure, check with the requesting party or legal advisor to determine if notarization is necessary.

6. What identification do I need for notarization? 

Typically, you will need a government-issued photo ID such as a driver's license, passport, or state ID card. Some states may have additional requirements, so it's a good idea to check with your notary public beforehand.

7. What does it mean, if I need a witness? 

If your document requires a witness, it means that in addition to the notary, one or more individuals need to observe you signing the document. The witness(es) will then sign the document themselves, confirming that they saw you sign it. This adds an extra layer of verification and is often required for documents such as wills, deeds, and power of attorney. Witnesses must generally be impartial, meaning they should not have a direct interest in the document's outcome.

8. What types of documents are legal to notarize by remote online notarization (RON)? 

Documents that can be legally notarized via remote online notarization include affidavits, powers of attorney, deeds, wills, and other legal documents that require notarization. The legality of RON varies by state, so it's important to check your state's specific laws and regulations regarding which documents can be notarized remotely.

9. How does Remote Online Notarization work?

Remote Online Notarization (RON) allows documents to be notarized using audio-visual technology over the Internet. The notary and signer communicate via a secure video link, and the notary verifies the signer's identity using electronic methods. The notarization is then completed electronically, using digital signatures and electronic seals.

10. How much does it cost to have a document notarized by remote online notarization (RON)? 

Basic Notarization Fee: $10 to $25 per document (varies by state).
Service Fee: Additional charge for material/handling and mileage. 
Witness Fees: Extra charges may apply if witnesses are required.