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A notarial act (or notarial instrument or notarial writing) is any written narration of facts (recitals) drawn up by a notary, notary public or civil-law notary authenticated by the notary's signature and official seal and detailing a procedure which has been transacted by or before the notary in their official capacity. A notarial act is the ...
Acknowledgment involves a public official, frequently a notary public. The party executing the legal instrument orally declares that the instrument is his or her act or deed, and the official prepares a certificate attesting to the declaration. [1] Acknowledgments are distinct from jurats, verifications, and attestations. A jurat differs from ...
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties ...
The official is able to witness the signing of the document and check the proof of the affiant's identity, helping to prevent some forms of outright fraud. In recent years, however, to provide for even greater economy of time and money, courts have increasingly allowed persons to omit the step of swearing before a notary public or official.
The validity and form of an attestation clause is usually a matter of U.S. state law, and will vary from state to state. Many states allow attestation clauses to be added as codicils to wills that were originally drafted without them.
The aspiring Notary Public usually has to take additional exams or undertake post graduate study to become a notary public. In Louisiana, Puerto Rico, and Quebec, private law is traditionally based on the French and Spanish civil codes, giving notaries greater legal powers, including the right to prepare wills, conveyances and generally all ...