The public notary is an ancient function that can trace it’s origins back at least to ancient Rome and perhaps even further.
The role of a notary varies hugely between individual countries and even between US States.
In some countries overseas, the Notary is usually formally qualified and very tightly regulated. Their profession may be seen as pseudo-legal in some cases though by and large, they are usually not allowed to ‘practice law’ – though that definition also varies significantly from country to country.
In the USA the position is, for the most part, far less regulated. As the definition of a Notary’s duties and what is necessary to become one vary from State to State, there may not be much alternative but to check with your local state government offices for precise definitions.
Even so, it’s possible to think about a few general points.
The Role Of A Public Notary
Contrary to some misconceptions, with the sole exception of Louisiana, in the United States a Public Notary does not perform legal functions in the same sense that a lawyer may. He or she is a pubic officer appointed by the State government.
Typically a Notary Public is someone of good standing who is licensed to provide the formal witnessing of the signatures on a legal document, the transfers of legal documents between persons ‘A’ and ‘B’ and in some cases they are permitted to witness affidavits. In some States they are permitted to perform civil marriages.
In all of this, the difference between their role and that of a lawyer is clear. The Notary Public is usually strictly forbidden to practice law where this is interpreted to mean giving legal advice, drafting legal documents or intervening in situations where there is a legal disagreement between two parties. They are typically not permitted to arbitrate or resolve disputes. They are also not usually allowed to advise someone whether or not to continue with (e.g.) the signing of a document.
The role is perhaps best thought of as being that of an unbiased witness on behalf of the State to certain legal signatures and formalities, certifying that the process was conducted freely, willingly, correctly and in the absence of duress etc.
Louisiana
The position in Louisiana is different. The Notary Public has a far more wide-ranging and potentially powerful intermediary role including being allowed to give some forms of legal advice (in controlled circumstances) relating to the correct drafting of appropriate documents as well as ‘due process’.
As such, the role in Louisiana is closer to that of a French Notary public, who does have a certain degree of legal authority in some areas such as notarizing and approving deeds and fund transfers during the sale of property.
For further and more detailed information, it may be useful to consult Louisiana State Government sources.
Becoming a Public Notary
The first step is to consult your local state government to see exactly what formalities are required. Those sources will also have the appropriate application forms.
These formalities will vary considerably but typically:
- You may need to be a certain minimum age;
- Having a record as a convicted felon may mean that you are not eligible;
- Some States may require the successful completion of a training and certification course;
- You may have to post and eventually pay for a Public Notary Bond and your application may be subject to a fee;
- After approval, you will need to take an oath of office probably in front of another Notary Public;
- You will probably need to provide evidence that you are permanently resident in the State of application.
Moving & Renewal
If you feel the need to wander, being a Notary Public may or may not be portable! In some states a registered Notary Public from another State may have de-facto recognition. In some other States, an out-of-State Notary Public may be recognized and able to practice but only if they are from an immediately adjoining State.
The position regarding the mobile notary varies so considerably that it is difficult to generalize – checking individual State Government web sites is the only really sure way to get a definite answer in any given case.
Some states may actually issue a license to practice the role only in a given county or counties.
In most circumstances a Notary Public is appointed by a State for a fixed duration. If you wish to continue in the role, you will need to apply for renewal. The actual process may again vary from State to State.
Liabilities
As a Notary Public you have an important role but with it may come risks and liabilities. If something goes badly wrong, you could be held accountable in some circumstances. The moral of the tale is not to take your application lightly – check to make sure you understand it and what liabilities may come with it.
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