Navigating the world of notarization can sometimes feel like traversing a legal maze. While notaries public are authorized to witness signatures and administer oaths on a wide array of documents, it’s equally important to understand the limitations of their powers. Therefore, to successfully understand notarization, you need to know “What Type Of Documents Cannot Be Notarized”. This article will explore the various types of documents that typically fall outside the scope of notarization, ensuring you’re well-informed when seeking notarial services.
Documents a Notary Public Cannot Touch
Several circumstances and document types render a notarization impossible. The most common reason a notary might refuse service is due to the notary having a direct personal interest in the transaction. Notaries are impartial witnesses, and any conflict of interest undermines their objectivity. This conflict of interest could be financial, familial, or any other situation where the notary stands to gain or lose based on the outcome of the document.
Another key category of documents that cannot be notarized involves copies of documents when the original is required, or when the notary is not authorized to certify copies. While some notaries can certify copies of certain documents, such as powers of attorney, they generally cannot notarize copies of vital records (birth certificates, death certificates, marriage licenses). Moreover, if a document requires an original signature, a copy simply won’t suffice for notarization. The following is the list of some documents that need to be original:
- Deeds
- Mortgages
- Contracts
Finally, a notary cannot notarize a document if the signer is not present, cannot properly identify themself, or appears to be under duress. Notarization requires the signer’s personal appearance before the notary to verify their identity and ensure they are signing willingly. Identification requirements vary by jurisdiction but typically involve valid government-issued photo identification. A notary must refuse to notarize if there is any doubt about the signer’s identity, willingness, or understanding of the document. This is because a Notary Public could face legal consequences for their actions. For example:
- Loss of notary commission
- Civil Liability
- Criminal Charges
For accurate, up-to-date information regarding notarization rules, consult your state’s notary public handbook or the website of your Secretary of State.