Notarization is a fraud-prevention process that confirms the authenticity of signatures on legal documents. It is performed by a notary public, a government-authorized individual tasked with verifying a signer’s identity, witnessing the signing, and ensuring the person is mentally capable and acting willingly. Once the notarial act is complete, the notary affixes their official seal and signature, making the document self-authenticating for legal purposes. This means that in court, the notarized document is assumed to be properly executed unless proven otherwise.
Only a notary public can notarize a document. This role is officially recognized and governed by state law. Notaries are typically appointed or commissioned by state officials such as a governor or secretary of state. Many institutions, including banks, offer notary services through staff who are licensed notaries. Similarly, legal professionals often qualify as notaries due to their frequent handling of legal documents that require notarization, such as affidavits and sworn statements.
The notarization process usually involves three main steps, although specific procedures may vary by state:
To begin, individuals must present valid ID to help the notary identify the signer. After identities are confirmed, the notary ensures each required signature or initial is placed correctly on the document. Each signature is then stamped with the notary’s unique seal, which includes their name, jurisdiction, and commission expiration date.
Traditionally, this has been an in-person process, requiring everyone to coordinate schedules, bring a printed copy of the type of document being notarized, and provide proper ID. However, newer forms of remote notarization are now making this more flexible.
Notarizing a document verifies that the signer’s identity has been confirmed, that the person willingly signed the document, and that they were of sound mind and not under pressure or duress. This helps prevent fraud and ensures legal validity. While the notarial act is often regulated at the provincial or state level, notarized documents are recognized nationally and sometimes internationally, provided they meet the legal document standards of the destination country.
Many personal and business documents require notarization to be legally valid or enforceable. Some common types of documents include:
Each type of document may have its own requirements for notarization depending on the state laws and the nature of the agreement.
Modern rules have expanded to allow for remote options alongside traditional methods. The two main types of notarization now include:
RIN involves a video chat session where the notary observes the signer’s identity and signature using ink on a physical document. The signer then mails the signed copy to the notary, who applies their official seal and returns it by post.
RON, on the other hand, uses secure online platforms that incorporate real-time audio-video technology, identity verification, and digital audit trails. The notary public can perform the full notarization process remotely. This method is quicker, more secure, and eliminates the need for mailing physical documents.
To complete a notarial act, the notary public follows these essential steps:
The notary must verify the identity of the signer using government-issued photo ID and a second document bearing the signer’s signature. In some jurisdictions like British Columbia, a copy or scan of the ID may be recorded.
The notary must observe and assess that the signer is acting voluntarily, without coercion. If any form of undue influence is suspected, the notary public has the authority to decline to proceed.
The notary must also ensure that the signer is mentally competent and understands what they are signing. If the individual appears intoxicated, medicated, or confused, the notary can refuse to perform the notarial act.
With regulatory updates across many states, remote online notarization (RON) is now a legal alternative to in-person appointments. There are two primary ways to do this:
Note that availability of RON depends on the type of document and the notary laws of your region. Always check local regulations before choosing a remote option.
Remote online notarization (RON) offers several compelling advantages:
As digital workflows continue to evolve, remote online notarization stands out as a modern, effective solution for businesses and individuals alike.
Understanding what it means to notarize a document, the role of a notary public, and the available type of notarization is essential for navigating today’s legal and business environments. Whether you choose traditional methods or opt for the convenience of remote online notarization, knowing the proper notarization process ensures your legal documents are valid, enforceable, and protected from fraud.
If you're unsure how to proceed, always find a notary or consult with a legal professional to ensure your document meets all necessary requirements.
