|
Section 4 - Authorized Duties Missouri notaries are authorized to perform several notarial duties. It is essential that you understand each of these duties so that you can properly handle your responsibilities. A. Terminology Before we discuss the duties of a notary public, you should understand certain terms and know that sometimes, there is a misconception. Notarize a Signature. The saying notarize a signature is a general term that is used in the notary law. Unfortunately though, most notaries and the general public use that term very loosely. Nothing is wrong with it except that it is perceived all notaries do is witness signatures. Obviously, this is an inaccurate perception. What is really meant is that a notary performs a specific notarial act. They either administer an oath to the signer or take an acknowledgment from the signer. These two notarial acts are known as notarizing a signature. Notarize a Document. Notaries notarize documents. What this means is that notaries notarize signatures or perform notarial acts for the person signing a document. A document cannot take an oath or make an acknowledgment. Remember that the notary is notarizing the signers signature and not the document. Again, it is common to hear the term notarize documents. Though these terms are not technically correct, using them is acceptable as long as you, the notary, understand the true definition. Notarial Certificate. When you notarize, the notary will complete a notarial certificate. This is the wording at the bottom of the document that the notary fills out. A document that requires a notarization should have three elements:
Definition of Oath. An oath is a pledge made by a person signifying that he/she is responsible to a Supreme Being for telling the truth. The person is making a statement that can be either written or oral. Also, the person is swearing that the information contained in the statement is true. Affirmation. Those people, who object to taking an oath because of a religious objection, may prefer to make an affirmation. With an affirmation, the person is bound by his/her own conscience to be truthful. Note that an affirmation is legally equivalent to an oath, but instead of saying, I swear that the information in this document is true, the person would say, I affirm that the information is true. Perjury. If a person makes a false affirmation or a false oath, the person has committed perjury. If a person lies to you when under oath or under affirmation, he/she has committed perjury and the consequences are severe. This tells you how important your responsibility as a notary is. Administering an Oath or Affirmation. When administering an oath or affirmation, you must follow several steps that are required by law.
C. Taking Acknowledgments Definition of Acknowledgement. What is the difference between an oath and an acknowledgment? An oath, as weve already said, requires that the person swear that all the information is true, or the person may affirm that information. An acknowledgment does not require an oath or affirmation. An acknowledgement is a declaration that the person has executed the document voluntarily. When you take an acknowledgment, you want to make sure that the person has not been coerced and the execution of this document is a voluntary act. On some documents, you may see in the notarial certificates the phrase, his free act and deed. An acknowledgment demonstrates that there is an understanding of the document and a desire by the signer to fulfill the contents or the contractual agreement. Types of Documents. You usually see acknowledgments on most real estate transactions, deeds, contracts, powers of attorney or any type of document where a person has to agree to some particular terms of the document. Taking an Acknowledgement. How do you take an acknowledgment?
Acknowledgment in a Representative Capacity. It may be necessary in some cases for someone to sign in a representative capacity. The signer may be an officer for a corporation, a partner in a general partnership, a guardian or even an attorney in fact. The following example is the type of certificate language that you would use.
Affidavits. An affidavit is a written statement by a person who asserts the statement to be true and makes the assertion upon oath or affirmation. It is a declaration in writing, signed by the signer and sworn to or affirmed under penalties of perjury in an oral declaration. Again, this is done in the presence of the notary. Below is an example of an affidavit.
D. Making Copy Certifications Missouri notaries may perform copy certifications of original documents. Often, your customer will ask you to certify a copy. That is the generic phrase used when someone wants you to use your notary seal to let the world know that the document copy they are presenting is an authentic copy. You will be asked to certify a copy of a birth certificate, college diploma, school records, job applications, bank loan applications, and etcThere are any number of requests that you could receive in which the customer wants you to certify their copy. The reality is that notaries in Missouri are NOT allowed to make certified copies of documents in which the original document is held by a governmental or other entity, a so-called vital record or public record. Its best to explain this using a real life example. For example, when a customer presents you his/her birth certificate and they ask for a certified copy, you must refuse. The document in their possession is more than likely a certified copy of their birth certificate. The only original birth certificate would be in their states Office of Vital Statistics or perhaps the Clerks office in the county they were born. Sometimes explaining to the customer that law prohibits you from certifying a copy of their birth certificate can be difficult. You can suggest that they contact the state Vital Statistics office in which they were born to find the easiest method to get the copy they need. Only governmental entities, Clerks offices, or private corporations using their private seal can truly certify copies. Its best to think before you act in the case of attesting to copies of documents. Think about who has the original of the document that is being presented to you. The following list should serve as a guide to assist you in directing your customers. Drivers License The customer has their original so its ok for you to attest to copy. Birth Certificate The original is in the Vital Statistics office where the customer was born, so refer customer to that office either online or through telephone information. If the customer is foreign born, they can contact their embassy office. Death Certificate This is the same as the Birth Certificate. College or High School Diploma- The customer has their original so its ok for you to attest to copy. Medical Records- The doctors office has the original, so refer your customer to the doctors office. Real Estate Deed-The clerks office has the original, so refer your customer to the Clerks office. Certified Copies of Passports. The U. S. Department of State will not issue a certified copy of a passport and advises individuals to obtain a certified copy from a notary public. The Department of State also advises that the notary must have a notarized affidavit from the bearer of the passport stating that the passport to be copied actually belongs to the bearer. The notary may notarize the signature of the bearer on the sworn statement or accept a statement that has been notarized by another notary. The notary must photocopy every page of the original passport and complete the notarial certificate for making a certified copy. Remember to make two copies so that you can retain a copy for your own notarial records. Then, record the notarial act in your journal. The following Passport Affidavit and Certificate of Certified Copy should be sufficient in properly certifying a photocopy of an U. S. Passport.
|
||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||