Know Notarization and Know your Notary – By Kenneth Edelstein

Perhaps the second oldest profession, the function of the Notary Public is one of the most ancient of public offices. It developed from a need to conduct commerce without face to face contact, and to assure the validity and transferability of contracts. Central to answering these needs was the Notary Public, a local who knew everyone – and everyone knew the Notary. Long before photo ID – the verification of signatures was only done on a personal knowledge basis. This carries over to modern times, as notarizations still have a “basis of notarization” selection for the notary – personally known or produced ID. If an individual signature could be in doubt, how then could the assurance of the notary be beyond reproach? Governing bodies developed the concept of a hard to duplicate notary seal, originally impressed into wax, it evolved into today’s embossing.

In addition to the concept of signature authenticity, the concept of truthfulness was quickly appended. Words written, and signed before the notary, were sworn statements, compelling honesty; under penalty of law. Thus a contract could be both accepted as authentic and be enforceable. The document did not require a witness to add credibility to the signature, and could be brought before judicial authority if breeched. Early notaries were the equivalent of modern day Town Clerks. They recorded contract, births, deaths, marriages and conveyances. This is still true in some Latin American countries where the title of “Notario Publico” represents a major public official. It is illegal in New York State for a Notary Public to represent themselves using that title as it gives the impression of an authority to certify and authenticate documents that does not really exist.

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