Duties of a Notary Public

A Notary Public plays a vital role in ensuring the integrity and authenticity of legal documents. According to the National Notary Association (NNA), a notary’s two primary duties are:

1. To verify the identity of the signer, and

2. To confirm the signer’s willingness and awareness in completing the transaction or signing the document.

Duty of a Notary Public: Verifying the Signer's Identity

A notary public has three main methods for verifying a signer’s identity:

• Government-issued identification cards (such as a driver’s license, state issued identification card, or passport)

• Personal knowledge (if the notary personally knows the signer)

• Credible witnesses (if two impartial individuals can vouch for the signer’s identity)

In most cases, the notary will rely on a government-issued ID. This involves comparing the signer’s physical appearance to the photo on the ID, and matching the signature on the ID with the one provided during notarization.

If the notary already knows the signer personally, no additional ID is needed. Alternatively, if the signer lacks valid identification, two credible witnesses who personally know the signer—and can present valid ID themselves—can confirm the signer’s identity.

Accurately verifying identity is one of the most important steps a notary takes to help prevent fraud and protect all parties involved.

Duty of a Notary Public: Confirming the Signer's Willingness and Awareness

After verifying identity, the notary must ensure the signer is fully aware of what they are signing and is doing so willingly.

This typically involves a brief conversation where the notary asks questions to determine whether the signer is mentally alert, understands the nature of the document, and is not under any pressure or duress. The notary must also be confident that the signer is acting of their own free will.

If the signer appears confused, disoriented, or unwilling, the notary must decline to proceed.

After completing the duties of a notary, the notary can proceed with the signers in completing the documents.

When a Notary Can Proceed

When the duty of notary public is completed by verifying the signer’s identity, and they demonstrate clear awareness and willingness, the notary can complete the notarization.

However, if the signer cannot be properly identified, seems unaware of what they are signing, or appears to be signing under duress, the notary is legally and ethically obligated to refuse to notarize the document.

Final Thoughts

A notary’s duty goes beyond stamping a document—it’s about protecting the integrity of the transaction and ensuring that each signer is properly identified and acting freely and knowledgeably. By following these steps, notaries help uphold trust and reliability in important legal matters.