There will be many such works in which you would have needed to get your documents notary, but do you know what is this notary and what work is done in it?
Here we are going to tell you about Notary
What is Notary?
A notary, also called a notary public, is a person authorized to witness the signing of legal documents, usually concerned with deeds, estates, licenses, power of attorney, affidavits, and trusts. As a publicly commissioned official, a notary is tasked with verifying the authenticity of documents, and they serve as impartial witnesses when signing legal documents.
A notary is a Lawyer or Legal practitioner appointed by the Central Government or State Government under the Notary Act 1952.
The central government can appoint a notary in any corner of the country, while the state government can appoint a notary anywhere in its state.
Functions of Notary (What is Notary?)
A Notary works like a Public Officer and the functions he performs are as follows:-
- Verify and authenticate any document. These documents include all those in which some changes have been made, created, canceled, transferred, etc.
- Verifying a document means checking the document based on evidence and facts, whereas attestation means the notary certifies himself of its authenticity by the signature of the person in front.
- For an affidavit of any person
- Verify the translation of any document’s language into another language
- To act as commissioner to record evidence in any civil or criminal trial as directed by the court or authority.
- To act as a mediator, or conciliator if necessary.
What are Notarized Documents? (What is Notary?)
A notarized document is a document that has been verified and certified by a notary. The notary has a responsibility to verify that all signatures on a document are legitimate to prevent cases of fraud or coercion. The notary verifies a few things when notarizing legal documents, such as:
1. Identity of the persons appearing before the notary
The notary is required to verify the identity of the persons signing the legal document, either by personal acquaintance or reference to proofs of identity, such as a driver’s license or passport. Once verified, the participating parties are recorded in the notarial register, also called a protocol.
2. Sound mind
The notary should confirm that the participating parties understand what they are signing and that they are of sound mind before and during the signing of the documents. The person signing should not be intoxicated, medicated, or in any other situation that may affect their judgment.
3. Adult age
The notary should verify that the person appearing to sign the document has attained adult age (18 years and above) and can enter into a binding agreement. If some of the participating parties are minors, the notary cannot notarize the document.
4. Willing signers
The notary should verify that the signers are willing and capable of signing legal documents, and there are no signs of coercion. If either of the parties is not signing on their free will, it may be a sign that the person is being forced to append their signature on the document.
Notarial Fees (What is Notary?)
Notarial fees are fees paid to a notary service provider to get a document notarized. Generally, legal documents, such as property deeds, loan papers, powers of attorney, contracts, and affidavits, often require signatures in the presence of a notary public to be considered authentic.
The notary verifies the identity of the participating parties while ensuring the parties are of sound mind and are signing the document willingly without coercion.
Public Notary – Notarization fees (What is Notary?)
What is a Notary Public, he charges different fees for any work which is under the rules 1956.
- 10,000/- for any document up to Rs.35
- Rs.75 for documents from 10,000/- to 25,000/-
- Rs.110 for documents from 25,000/- to INR 50,000/-
- And if it is more than 50,000/- then Rs.150
Duties of a Notary (What is Notary?)
The main role of a notary is to verify the authenticity of legal documents and create a trustworthy environment for parties to an agreement. The legal documents must meet the minimum requirements to be notarized. Some of the requirements include a stated commitment, original signatures from the parties involved in the agreement, as well as photo identification of the signatories.
If a notary is satisfied that the document meets all the requirements, he/she awards a notarial certificate and appends the seal of the notary on the document. However, if a legal document does not meet the requirements or the identity of the participating parties is uncertain, a notary may refuse to authenticate the document.
Other duties of a notary include the following:
- Identifying fraud
- Affirming the state of mind of participating parties
- Verifying and recording the identification of agreement participants
- Completing notarial certificate on all documents
- Bearing witness to documents/items in a safe deposit box
- Maintaining a notary journal
- Administering oaths
- Taking affidavits and statutory declarations
- Handling loan documents, contracts, marriage certificates, and other legal documents
How are Notary Publics formed? (What is Notary?)
If you also want to become a Public Notary, then you need to do some special preparation.
- You must have practiced law for at least 10 years. 7 years is necessary for Sc/St category.
- If women practice law for 7 years, they can apply.
- If a person is associated with legal services in the Central / State Government for 10 years, he can also become a Notary.
As a notary, you can also make your career if you are also doing legal practice for 10 years or any Govt. Connected to legal service.
(What is Notary?) Hope you have understood what is Notary (Notary) is and what are its functions. For more information, you can visit the official website dastavejwala.com
Find us on Google Maps: Dastavejwala.com – Shop no. 3, Nr. Gormoh Restaurant, Suryavan Complex, Judges Bungalow Rd, Bodakdev, Ahmedabad, Gujarat 380054
Whatsapp us: +91 738 346 4650 / +91738 346 4660
Frequently Asked Questions
No. Notaries are public officers and are appointed and commissioned by the Governor with the assistance of the Secretary of State.
A notary public is a person of integrity who is appointed to act as an impartial witness to the signing of an important transaction and to perform a notarial act, which validates the transaction. A notary’s primary purpose is to prevent fraud and forgery by requiring the personal presence of the signer and satisfactorily identifying the signer.
The notary bond is a type of surety bond issued by an approved surety company to protect the public against any wrongdoing on the part of the notary. The surety company guarantees to the public that you, as a notary public, will perform your duties in accordance with the law, and if you do not, the company will pay any damages caused by the incorrect notarization up to the amount of the bond.
