|Witness Pro Notary Service wants you to know more about our functions and our legal restrictions.
Notaries are “ministerial” officials who are required to follow a lengthy set of oath instructions and understand state Notary Laws. The definition of a notary’s job is: to identify document signers, complete certificates and follow instructions. It is the execution of these responsibilities, with the multiplicity of ID’s, Forms and procedures that require a Properly Trained and Professional Notary. The notary’s two basic job functions are to witness or verify the signing of documents. Notaries are also authorized to administer oaths when they are required by notarizing text, committing the signer, signatures and certificates. A false statement made to a Notary, under Oath, is Perjury; exactly the same as a false statement made under Oath in a Court of Law. Notarization is serious legal business.
Some of the usual and customary notarial functions include:
A notary public is not responsible for verifying truth or accuracy of the contents of a document. A notary does not make documents Legal, Official or Validated. A document with errors or discrepancies prior to notarization will contain the same errors if notarized. In the process of performing their job functions, notaries try to prevent fraud, and compel truthfulness.
Oaths are verbal pledges with a legal purpose that the person giving the oath will attest faithfully and truthfully to that oath. Oaths must be given in person, and may be administered any time, day or night. Notaries may give any oath required by state law, including oaths of office to public officials. A notary “administers” or “gives” an oath. The person who “takes” an oath or “swears to it” is called a constituent.
In taking a verification upon oath, or affirmation for an affidavit, deposition or other sworn document, the notary must execute a Jurat. The purpose of a Jurat is to compel truthfulness. The notary appeals to the signer’s conscience and requires him/her to swear to the truthfulness of the document’s content under criminal penalties for perjury. Sometimes a Jurat (Latin for oath) is executed without reference to a document, as with the oath of office given to a public official.
An affidavit is a written statement signed by a person who asserts it to be true and makes the assertion upon oath or affirmation. It is a declaration reduced to writing, signed by the affiant (the person making an affidavit), and sworn to in person before an officer. It is also known as “verification upon oath or affirmation”.