Notary publics are of very ancient origin. They first became prominent among the Romans, during the 1500s. Their activities have long been abided by the custom of merchants and by the courts of all countries. Notaries were initially selected by the Pope or the Archbishop of Canterbury. During that time, they were proficient in foreign languages, as well as the principles and practices of law.
A notary is now a public servant appointed by a state official. This position is important as he provides protection for business deals. Depending on the state, the notary has the power to acknowledge signatures, especially on court papers such as affidavits, conduct oaths and affirmations, and issue subpoenas in lawsuits. For these services, he receives a fee set by the state.
To become a notary public in the U.S, the applicant should be at least 18 years of age and a permanent resident of the state in which he wants to be a notary. Notary is a comparatively easy role to secure, in most cases only requiring the applicant to pass a simple test and undergo some form of background check. The rights and privileges of a notary are normally limited to the basic duties of an impartial witness. To be precise, notaries are not licensed to give any form of legal advice, prepare legal documents or otherwise perform law.
Becoming a notary public involves three important steps. Filling out an application form available in the state or from the nonprofit National Notary Association (NNA) is the first step. An important point to remember is that each state has different eligibility standards for its notaries. Second, a fee is paid to the commissioning authority. Finally, the applicant takes an oath of office in front of a notary public. This action may be incorporated into the application or filed with a county clerk.
Other possible steps include taking an educational course, passing a test and obtaining a notary bond. These requirements vary from state to state. Each notary in America has a legal right to know his state’s notary laws, the distinction between notary laws and notary folklore, and the standards of sensible care for every notarial act. If the notary does not do his job correctly, serious legal problems can result.
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