Abstract

Back in 2010, President Barrack Obama vetoed a bill -- Interstate Recognition of Notarizations Act (know as H.R.3808) - that requires courts and other entities to recognize licensed notaries. The notaries, from all states, create a lot of attention towards a topic rarely discussed in the public domain. Despite the fact that most individuals view the notarization process as a formality, it has significance on the states governance. State government officials in charge of overseeing the notary commission realize the gravity and significance of this function. Notaries have a variety of rules in various governments. They establish the bonafide of signatures for protecting transactions from forgery and fraud cases. The presence of a notary’s signature bolsters a document’s authenticity. The notary system, however, faces a variety of challenges in meeting its obligations. Issues rise in the coordination of transaction security and contract freedom, transaction security and efficiency, and the incorporation of information and communications technology (ICT) and internet into the notary system. The research paper explores the problems in high detail. It focuses on the state of the notary system, previous research, challenges, effects and means of improving the efficiency of the system, through adjustments.

Highlights

  • A notary’s responsibilities are equivalent to those of a lawyer; to some extent

  • Issues rise in the coordination of transaction security and contract freedom, transaction security and efficiency, and the incorporation of information and communications technology (ICT) and internet into the notary system

  • According to NASS (2011), the process varies in each state

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Summary

Introduction

A notary’s responsibilities are equivalent to those of a lawyer; to some extent. A notary is a legally-trained individual; he/she receives a license, from the state, to carry out a variety of legal duties. There are slight variations in a notary’s responsibilities; this depends on the legal provisions of the state where he/she works. According to the Colorado Secretary of State (2012), a notary is an authenticator, verifier, and person of integrity; he/she receives appointment and commissioning to seal documents. A notary can be considered an official, unbiased and disinterested witness in the signing of documents. This is the use of a government-approved individual in witnessing another individual’s signature, and attesting to it; this occurs through the provision of a signature and seal on the signed document (Greenwood, 2013) What is the notarization process? This is the use of a government-approved individual in witnessing another individual’s signature, and attesting to it; this occurs through the provision of a signature and seal on the signed document (Greenwood, 2013)

Principal Functions of the American Notary
Oaths and Acknowledgments
Attesting to Photocopies
Solemnizing Marriages
Verifying a Vehicle Identification Number
Certifying the Contents of a Safe-Deposit Box
Prohibitions for Notarial Acts
Comparison of American Notary System and Latin Notary System
Civil Law Notary System
Common Law Notary System
Conflict and Coordination of the Intervention of Notary and Some Legal Values
Challenges
Conclusion
Full Text
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