Tuesday, May 27, 2025

Notary Checklist for Handling Special Documents

 

Notary Checklist for Handling Special Documents


1. Power of Attorney (PoA)

  • Confirm the signatory is competent and understands the powers granted.

  • Verify the exact scope and limitations of the PoA.

  • Ensure the document is complete, with no blank spaces.

  • Check for correct dates and signatures on all pages.

  • Verify identity of the principal (person granting PoA) with valid ID.

  • Explain legal consequences to the principal if requested.

  • Affix notary seal and signature only after witnessing voluntary signing.

  • Record full details in the notarial register, including type of PoA.


2. Affidavits

  • Confirm the deponent understands the contents and the importance of truthfulness.

  • Administer oath or affirmation properly before notarization.

  • Ensure affidavit format complies with legal standards.

  • Verify identity of the deponent with valid ID.

  • Confirm all pages are signed and dated by the deponent.

  • Seal and sign affidavit after administering oath and witnessing signature.

  • Record date, type of affidavit, and parties in register.


3. Oaths and Affirmations

  • Verify identity of the person taking oath/affirmation.

  • Use proper language as per the oath or affirmation form.

  • Administer oath or affirmation clearly, allowing the person to respond.

  • Ensure the person understands the seriousness and legal effect.

  • Record the act with date, name, and purpose.

  • Affix seal and signature confirming the oath/affirmation administered.


4. Certification of Copies

  • Compare the copy with the original document carefully to confirm exactness.

  • Verify the authenticity of the original document.

  • Affix notary seal and write a certification statement attesting the copy’s correctness.

  • Record the act including document type, parties, and date in the register.

  • Do not certify copies of documents that are prohibited or restricted by law.


5. Protest of Negotiable Instruments

  • Confirm the instrument (e.g., cheque, bill of exchange) is duly presented and payment refused.

  • Draft protest notice properly and clearly.

  • Witness the signing of the protest document.

  • Affix seal and sign the protest notice.

  • Record full details in the register.

  • Deliver protest notice as required by law.


6. Documents in Foreign Languages

  • Ensure a competent translator is present or translation is provided if required.

  • Verify identity of signatories as usual.

  • Confirm signatories understand the document’s content through translation.

  • Follow standard notarization procedures after verification.

  • Note language details and translator’s name in the register.


7. Refusal of Notarization

  • If you suspect fraud, coercion, or incomplete documents, refuse notarization politely.

  • Inform the party of reasons for refusal.

  • Make a brief entry in the register stating refusal and reasons.

  • Keep copies of refused documents (if permitted) for records.


Summary Table

Document TypeKey ChecksSpecial Notes
Power of AttorneyCompetency, scope, identity verificationExplain powers to principal
AffidavitsOath administered, truthful declarationFollow legal format strictly
Oaths & AffirmationsProper administration, identity checkUse correct oath wording
Certification of CopiesExactness of copy, original verificationAvoid certifying restricted documents
Protest of Negotiable InstrumentsProper draft, payment refusal verifiedDeliver protest notice as per law
Foreign Language DocumentsTranslator present, understanding ensuredRecord translator details
RefusalDocument issues, suspicion of fraudRecord refusal reason in register

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