The importance of notarization cannot be denied as it will give protection and shield the parties in a document against persons who deny its truthfulness and validity.
A notary offers legal assurance by verifying the authenticity of documents. They confirm the identities of signatories, ensuring that documents are signed voluntarily and without coercion.
This adds an official layer of credibility and integrity to legal documents, making them more reliable in legal settings.
a notary will often need to place and complete a special clause onto or attach a special page (known as an eschatocol) to a document in order to make it valid for use overseas.
Today’s notaries hold responsibilities that combine tradition with modern legal practices. They authenticate signatures and administer oaths. They also verify and maintain the accuracy of documents like affidavits and deeds.
Notaries in civil law countries have had a critical historical role in providing archives. A considerable amount of historical data of tremendous value is available in France, Spain and Italy thanks to notarial minutes, contracts and conveyances, some of great antiquity which have survived in spite of losses, deterioration and willful destruction.
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the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it is their duty is to ensure that the transaction that they conclude is fair to both sides.
Another consequence is that in the event that a party brings any dispute concerning an unnotarized document to the court, such party must prove the very existence of the document and the statements made in the document (e.g. by providing proof of payment of the price fixed in the document, providing evidence from witnesses).
Notaries authenticate documents by certifying their validity. They verify the authenticity of signatures on various documents like affidavits and contracts.
Australian notaries do not hold "commissions" which can expire. Generally, once appointed they are authorized to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct.
In practice the need for notaries in purely English legal matters is very small; for example they are not involved in normal property transactions. Since a great many solicitors also perform the function of commissioners for oaths and can witness routine declarations etc. (all are qualified to do so, but not all offer the service), most work performed by notaries relates to international matters in some way.
Learn more about everything from what a Notary is and why notarization is needed, to practical information about becoming a Notary and serving as a public official.
Notaries have a long-standing history as key players in legal processes. Their evolution reflects the changing needs and complexities of society’s trust in documented agreements.