Tuesday, May 27, 2025

What is a Notary Public?

A Notary Public is a government-authorized official who verifies the identity of signers, witnesses signatures, and administers oaths. The notarization process helps prevent fraud and ensures that documents are legally recognized.

What Does a Notary Do?

Verify your identity using valid ID
Witness your signature on legal documents
Administer oaths and affirmations
Certify true copies of documents
Record all notarizations in an official register

Documents We Commonly Notarize

Affidavits and declarations
Powers of attorney
Contracts and agreements
Property and sale documents
Wills and trusts (not legal advice)
Certificates and attestations

How to Prepare for Notarization

Bring the original document and any copies to be certified
Bring valid, government-issued photo ID (Passport, Aadhaar, Driver’s License)
Do not sign the document beforehand (unless instructed to re-acknowledge)
If you don’t speak the local language, bring a translator

Fees

Our fees are fixed by the government and are charged per notarization. You will be informed of the fee before the process, and a receipt will be provided on request.

Important Client Notes

Notaries do not provide legal advice or draft documents. Please consult a lawyer for legal questions.
All notarizations require your physical presence. Remote notarization is generally not permitted.
If the notary suspects fraud or coercion, notarization will be refused, and you will be informed of the reasons.
Your personal information and documents are treated with strict confidentiality.

Frequently Asked Questions

Q: Can I notarize a document I already signed?
A: You must sign or acknowledge the document in the notary’s presence.

Q: What if I don’t have ID?
A: A valid government-issued photo ID is required. Please arrange one before your appointment.

Q: Can someone else sign on my behalf?
A: Only if you have a valid Power of Attorney notarized.

Standard Response Scripts for Client Queries

1. Client: “Can you explain what this document means?”

You:
“As a notary, my job is to verify your identity and witness your signature. For detailed explanations or legal advice about this document, I recommend consulting a qualified lawyer.”

2. Client: “I don’t speak the local language well. Can you help me understand?”

You:
“To ensure you fully understand the document, it’s best to have a qualified translator or interpreter present. If you bring one, I will note their details in my register as part of the notarization.”

3. Client: “Can you notarize this document if I signed it earlier?”

You:
“Notarization requires that I witness your signature in person. You will need to sign or acknowledge the document here, in my presence.”

4. Client: “Can you notarize this document if I’m not physically present?”

You:
“I’m sorry, but you must be physically present for me to notarize your signature. This helps me verify your identity and willingness.”

5. Client: “How much will the notarization cost?”

You:
“The fees are set by the government, and I charge only the prescribed amount. I can inform you of the exact fee once I review your document.”

6. Client: “Do you keep a copy of my documents?”

You:
“I keep a record of the notarization in my official register, but I do not keep copies of your documents unless specifically required by law.”

7. Client: “Can you help me draft or change my document?”

You:
“My role is to notarize signatures and verify identities. For drafting or modifying documents, it’s best to consult a lawyer who specializes in legal drafting.”

8. Client: “What happens if you suspect something is wrong with the document?”

You:
“If I have any doubts about the authenticity or validity, I am required to refuse notarization. I will explain my reasons and advise you to seek legal assistance.”

9. Client: “Can you notarize my document after office hours?”

You:
“After-hours notarizations depend on my availability. Please contact me in advance to arrange a suitable time. All standard procedures will still apply.”

10. Client: “Why do you need to see my ID?”

You:
“Verifying your identity helps prevent fraud and ensures the notarization is valid and legally recognized.”

Dealing with Common Legal Queries During Notarization

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.

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.

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.

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.

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.

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.

7. What Fees Can I Charge?

Answer:
Charge only government-prescribed fees.
Advice:
Keep updated with current fee schedules and provide receipts when requested.

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.

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.

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.

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

Notary Quick Reference Pocket Guide

📒 Notary Quick Reference Pocket Guide

1. Verify Identity

Always ask for valid government-issued ID (Passport, Aadhaar, Driver’s License).
Check photo, name, signature, and expiry date.
Record ID type and number in your register.

2. Confirm Willingness & Understanding

Ensure signer/deponent is acting voluntarily, without pressure.
Briefly confirm they understand the document’s purpose.
Refuse notarization if coercion or confusion is suspected.

3. Document Check

Confirm all pages are present and intact.
Look for blanks, erasures, or missing signatures.
Verify document matches purpose (e.g., affidavit, PoA).

4. Administer Oath/Affirmation (If Applicable)

Use correct wording: “Do you swear that the contents are true...”
Allow the person to respond clearly.
Record oath details in register.

5. Use Official Seal & Signature

Affix your notarial seal on the document near signature.
Sign legibly with date and place.

6. Record in Register of Notarial Acts

Date and nature of act.
Names and ID details of parties.
Description of document.
Fee collected.

7. Fees

Charge only government-prescribed fees.
Provide receipt if requested.

8. Special Documents Reminders

Power of Attorney: Confirm signer's competency & scope.
Affidavit: Administer oath and check truthfulness.
Certified Copies: Compare carefully with original.
Foreign Docs: Ensure translator present & comprehension.
Protests: Verify payment refusal & proper drafting.

9. When to Refuse

Identity cannot be verified.
Signer is under duress or confusion.
Document incomplete or suspicious.
Fees not paid as prescribed.

10. Confidentiality

Never disclose client information or document details.
Keep all records secure.

Carry this guide with you for quick checks!

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 Type	Key Checks	Special Notes
Power of Attorney	Competency, scope, identity verification	Explain powers to principal
Affidavits	Oath administered, truthful declaration	Follow legal format strictly
Oaths & Affirmations	Proper administration, identity check	Use correct oath wording
Certification of Copies	Exactness of copy, original verification	Avoid certifying restricted documents
Protest of Negotiable Instruments	Proper draft, payment refusal verified	Deliver protest notice as per law
Foreign Language Documents	Translator present, understanding ensured	Record translator details
Refusal	Document issues, suspicion of fraud	Record refusal reason in register

Notary Daily Register Template

S. No.	Date	Name of Party / Signatory	Type of Document / Notarial Act	Description of Document	ID Proof Details (Type & No.)	Fee Charged (₹)	Signature of Notary	Remarks
1
2
3
4
5

Explanation of Columns:

S. No.: Serial number for easy reference.
Date: Date when the notarial act was performed.
Name of Party / Signatory: Full name of the person(s) whose signature is being notarized or oath administered.
Type of Document / Notarial Act: Examples include affidavit, power of attorney, oath, attestation, certification, protest of negotiable instrument, etc.
Description of Document: Brief description or title of the document (e.g., “General Power of Attorney,” “Affidavit of Residence”).
ID Proof Details: Type of identity proof presented (e.g., Aadhaar Card, Passport) and its number for verification.
Fee Charged: Amount of fee collected for the notarial act as per prescribed rates.
Signature of Notary: Your signature confirming the entry and act performed.
Remarks: Any additional notes (e.g., special instructions, refusal, follow-up needed).

Notary’s Daily Work Procedural Checklist

1. Verify Identity of Parties

Request valid government-issued ID (e.g., Aadhaar, Passport, Driving License).
Confirm identity matches the document signatories or oath takers.
Record ID details in the notarial register.

2. Examine Documents for Completeness

Check that documents are complete, legible, and properly formatted.
Ensure no blank spaces or missing pages.
Verify if any document requires special attention (e.g., power of attorney, affidavit).

3. Ensure Voluntary Signing

Confirm that signatories understand the document and are signing voluntarily.
If needed, explain the contents or advise consulting a lawyer.
Refuse notarization if coercion or fraud is suspected.

4. Perform the Notarial Act

Administer oaths or affirmations where required.
Witness signatures in your presence (or certify copies, attest signatures).
Affix your official seal and signature on the document.

5. Record the Act in Register of Notarial Acts

Enter date of the act.
Describe the nature of the notarial act performed (e.g., affidavit, oath, attestation).
Note details of the document, parties’ names, and ID numbers.
Keep register bound and updated.

6. Collect Prescribed Fees

Charge fees strictly as per government notifications.
Provide receipts if required.
Maintain clear record of fees collected.

7. Provide the Notarized Document to the Party

Return the notarized original document immediately.
Advise on safekeeping and legal significance.

8. Maintain Confidentiality and Professionalism

Do not disclose contents of documents or personal information.
Handle documents and information with discretion and care.

9. Review and Secure Your Notarial Seal

Ensure the seal is kept secure and used only by you.
Report loss or theft immediately to the appointing authority.

10. Comply with Legal and Administrative Requirements

Submit periodic returns or reports to the government if required.
Attend to any correspondence or inquiries from the appointing authority.
Stay updated with any amendments in laws or rules related to notarial practice.

11. Renew Appointment (When Due)

Monitor validity period of your certificate of appointment.
Apply for renewal in time as per government instructions.

Quick Reference Summary

Step	Task	Key Points
1	Verify identity	Valid ID, record details
2	Check document completeness	No missing pages or blanks
3	Confirm voluntary signing	No coercion, understanding verified
4	Perform notarial act	Administer oath, witness/sign, affix seal
5	Record in register	Detailed entry of act and parties
6	Collect fees	As per prescribed schedule
7	Return notarized document	Advise safekeeping
8	Maintain confidentiality	Protect information
9	Secure seal	Prevent misuse, report loss
10	Legal compliance	Reports, updates, correspondence
11	Renew appointment	Apply timely for continuity