Foundations
The Role of a Notary Public
Understanding what a notary public is — and what they are not.
What a Notary Public Does
A notary public is a public officer appointed by their state government to serve as an impartial witness to the signing of important documents. The role has three core duties:
- Verify identity — confirm that signers are who they say they are
- Witness signatures — observe the signing (or acknowledge a prior signature)
- Maintain a record — document each notarial act in a journal
What a Notary Does NOT Do
Notaries are not attorneys. They cannot:
- Give legal advice about documents
- Prepare legal documents
- Choose which notarial act to use
- Explain the contents or effect of a document
If a signer asks “what does this document mean?” the answer is always: “I’m not an attorney, I can’t explain the document. You may want to consult an attorney.”
The Impartial Witness Standard
You must be impartial. If you have a financial or beneficial interest in the transaction, you cannot notarize it. This is one of the most important rules in notary law.
Key Terms
- Notarial act — the specific service performed (acknowledgment, jurat, oath, certification)
- Principal — the person signing the document
- Venue — the location where the notarization takes place (state and county)
- Commission — your official authorization to act as a notary
Create a free accountto track your progress.