A notary is a person who has a special commission of a state or district government to allow him to recognize or officially attend the signature of another person on a document. The purpose of the legislation is to provide some form of legal guarantee that the person who signed the document is “The Real McCoy” (or “The Real John Hancock” in this case). If contracts are to be certified notarized, parties who wish to enter into a contract are a common matter. In general, contracts should not be certified notarized, as the contract itself is legally binding. As a general rule, notaries do not receive remuneration from the government for their work. Instead, they charge royalties for notarized activities, including document certification. While fees may vary, some states set standard or maximum fees for certain services. A Jurat offers a second layer of protection by asking a person to sign the document in front of the notary, in addition to the swearing-in, that he will gladly do so. While the difference may seem subtle, some documents, such as legal oath insurance, require parties who swear on the information contained in it to sign and take the oath by confirming that they made the statement with veracity and will. In these cases, the language of an acknowledgement that does not specify whether or not a person has signed a document before a notary would be unacceptable. Like a notary, witnesses are third parties who are, for the most part, witnesses to the parties who sign the agreement. The difference between the notary and the witness is that the notary has a stamp that is used on the document and that formally certifies the signatures.
On the other hand, the witnesses are simply third parties who observe how the parties sign the agreement. However, some states may require a treaty witness, unlike a notary. Some states even require two witnesses to be present, especially when a will is signed. Like notaries, witnesses are generally not necessary to make a contract legally enforceable. However, each state may require only specific types of contracts (for example. B, real estate transactions, wills and marriage contracts) are certified by a third party in order to be binding. A notary refuses to validate a signature if there are potential problems with the signatory. Some financial institutions need notarized legal documents to prevent fraud.
For example, by proxy, the notary verifies the identity of the parties and ensures that each of them voluntarily signs the agreement. Since this would only apply to written contracts, a notarized contract could be particularly important for agreements that must be concluded in writing. These include real estate sales, wills, debt contracts and real estate rentals for more than one year. Notaries perform an important function by verifying the identity of a person who signs an agreement and certifying that person`s signature. Certification can prove that a party who refuses the agreement is in fact the person who signed the contract. A witness ensured that the document had been signed by both parties and that there was no forgery. Having someone out there who can certify this can be valuable if there is ever a dispute over the parties or the contract.