What Does a Notary Public Do? Roles Beyond the Stamp

When most people think of a notary public, they picture a signature, an official seal, and a stamp on a document.

While applying a seal is certainly part of the process, the role of a Notary Public involves a variety of responsibilities that take place before, during, and after a notarization.

A notary serves as an impartial official witness whose duties are defined by state law. In Michigan, a notary public is commissioned by the Secretary of State and performs notarial acts according to the Michigan Law on Notarial Acts.

Understanding these responsibilities can help explain the purpose of notarization and the role a notary plays in many important transactions.

Verifying Identity

One of a notary's primary responsibilities is confirming the identity of the individual signing a document.

Before performing a notarial act, a notary must identify the signer through personal knowledge or satisfactory evidence of identity, such as a qualifying government-issued identification document.

Identity verification helps ensure that the person signing is the individual named in the document.

Confirming Personal Appearance

In most situations, the signer must personally appear before the notary.

This means a notary cannot generally notarize a signature for someone who is not present or simply rely on another person's statement about the signer's identity.

Personal appearance is a fundamental part of the notarization process.

Witnessing Signatures

Many notarial acts require the notary to witness the signer either:

• Sign the document in the notary's presence, or

• Acknowledge that an existing signature is their own.

The exact requirements depend on the type of notarization being performed.

Administering Oaths and Affirmations

Some documents require more than a signature.

Affidavits, sworn statements, and certain legal documents may require the signer to take an oath or affirmation that the information contained in the document is true.

In these situations, the notary administers the required oath or affirmation before completing the notarization.

Completing Notarial Certificates

The notarial certificate is an important part of a completed notarization.

Depending on the type of act, a notary may complete information such as:

• Date of notarization

• Venue (location of the notarial act)

• Type of notarial act performed

• Notary signature

• Commission information

• Official seal or stamp

Proper completion of the certificate helps document the details of the notarization.

Serving as an Impartial Witness

A notary public acts as an impartial third party.

The notary does not represent one side of a transaction over another and does not have a financial interest in the outcome of the document being signed.

This impartial role is an important part of the notarial process.

Identifying Potential Problems

A notary may need to decline a notarization if legal requirements are not met.

Examples may include situations where:

• The signer does not have acceptable identification

• The signer is not personally present

• The document is incomplete

• The signer appears unwilling to sign

• The requested notarization does not meet legal requirements

Part of a notary's responsibility is ensuring that the notarization is performed according to state law.

Maintaining Professional Standards

Notaries are expected to understand and follow the laws governing notarial acts in their state.

This includes:

• Following identification requirements

• Using the proper notarial certificate

• Applying the official seal correctly

• Maintaining impartiality

• Performing notarial acts according to state law

What a Notary Does Not Do

It is also important to understand the limits of a notary's role.

A Michigan Notary Public generally does not:

• Provide legal advice

• Select legal forms

• Draft legal documents

• Explain legal rights

• Recommend which documents should be signed

Questions regarding legal matters should be directed to a licensed attorney.

The Role of a Notary in Everyday Life

Notaries are involved in many types of transactions and documents, including:

• Powers of Attorney

• Estate planning documents

• Affidavits

• Real estate documents

• Financial forms

• Business records

• Travel consent forms

• Vehicle documents

• Other documents requiring notarization

Although the seal may be the most recognizable part of the process, a notary's responsibilities extend beyond simply placing a stamp on paper.

Identity verification, witnessing signatures, administering oaths, completing certificates, and following legal requirements are all part of the official duties of a Notary Public.

Need a Mobile Notary in Southeast Michigan?

I'm Michael White, Notary Public, providing professional mobile notary services throughout Royal Oak, Oakland County, Macomb County, and surrounding Southeast Michigan communities.

I travel to homes, offices, hospitals, assisted living facilities, nursing homes, and other mutually convenient locations to perform notarizations.

Call or text (248) 810-6031 to schedule an appointment.