Dealing with Common Legal Queries During Notarization

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1. Can I Explain the Legal Effect of a Document?

• What to say:
  “As a notary, my role is to verify identities and witness signatures. For detailed legal advice on your document, please consult a qualified lawyer.”

• Why:
  Notaries are impartial witnesses, not legal advisors. Avoid giving legal opinions to prevent liability.

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2. What If the Signer Does Not Speak the Local Language?

• What to do:
  Arrange for a competent translator or interpreter to be present. Ensure the signer understands the document’s contents before notarizing.

• Note:
  Record the translator’s details in the register.

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3. Can I Notarize a Document Without the Signer Being Present?

• Answer:
  No. The signer must be physically present to sign the document before you, except for certifying copies of existing documents.

• Reason:
  Presence is essential to verify identity and willingness.

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4. What If the Signer Wants to Notarize a Document Already Signed?

• What to do:
  Notarization requires witnessing the signature. If already signed, the signer must acknowledge or re-sign the document in your presence.

• Caution:
  Never notarize a document with a signature you did not witness.

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5. Can I Refuse to Notarize a Document?

• When to refuse:

  • Identity of signer cannot be verified.

  • Signer appears under duress, intoxicated, or confused.

  • Document appears fraudulent or incomplete.

  • Fees not paid as prescribed.

• How to refuse:
  Politely inform the party, briefly explain the reason, and make a note in your register.

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6. Do I Need to Keep Copies of Documents I Notarize?

• Answer:
  Generally, no, unless required by law or for record-keeping of protests. Always keep accurate register entries but avoid retaining personal documents unnecessarily.

• Tip:
  Maintain confidentiality and secure storage of your register.

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7. What Fees Can I Charge?

• Answer:
  Charge only government-prescribed fees.

• Advice:
  Keep updated with current fee schedules and provide receipts when requested.

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8. Can I Provide Legal Advice or Draft Documents?

• Answer:
  No. Notaries should not draft or interpret legal documents or provide legal advice. Refer clients to legal professionals for such services.

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9. What Should I Do If I Suspect Fraud?

• Action:
  Refuse notarization and document reasons in your register. Inform the concerned authorities if required.

• Importance:
  Protect your reputation and legal liability.

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10. How to Handle Emergency Notarizations or After-Hours Requests?

• Suggestion:
  Set clear policies on your availability. For emergencies, ensure all usual procedures (ID verification, presence, voluntariness) are strictly followed.

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Summary Table: Quick Answers to Common Queries

Query	Notary’s Response/Action
Explaining legal effect	Refer to lawyer; no legal advice from notary
Signer doesn’t speak local language	Use qualified translator; record details
Notarizing without signer present	Not allowed (except certified copies)
Document already signed	Witness signer acknowledge or re-sign in presence
Refusal to notarize	Valid reasons; polite refusal and record in register
Keeping copies	Usually no; keep register updated
Charging fees	Only government prescribed fees
Providing legal advice	Not permitted; refer to lawyer
Suspected fraud	Refuse notarization; document reasons
Emergency notarization	Follow all standard procedures; set availability policy