Notary public

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For the related profession in civil law, see Civil law notary.
An embossed foil Notary Seal from the State of New York.




Notaries are appointed by a government authority, such as a court or lieutenant governor, or by a regulating body often known as a society or faculty of notaries public. For lawyer notaries, an appointment may be for life, while lay notaries are usually commissioned for a briefer term, with the possibility of renewal.

In most common law countries, appointments and their number for a given notarial district are highly regulated. However, since the majority of American notaries are lay persons who provide officially required services, commission numbers are not regulated, which is part of the reason why there are far more notaries in the United States than in other countries (4.5 million[2] vs. approx. 740 in England and Wales and approx. 1,250 in Australia and New Zealand). Furthermore, all U.S. and some Canadian notarial functions are applied to domestic affairs and documents, where fully systematized attestations of signatures and acknowledgment of deeds are a universal requirement for document authentication. By contrast, outside North American common law jurisdictions, notarial practice is restricted to international legal matters or where a foreign jurisdiction is involved,[3] and almost all notaries are also qualified lawyers.

For the purposes of authentication, most countries require commercial or personal documents which originate from or are signed in another country to be notarized before they can be used or officially recorded or before they can have any legal effect. To these documents a notary affixes a notarial certificate which attests to the execution of the document, usually by the person who appears before the notary, known as an appearer or constituent (U.S.). In places where lawyer notaries are the norm, a notary may also draft legal instruments known as notarial acts or deeds which have probative value and executory force, as they do in civil law jurisdictions. Originals or secondary originals are then filed and stored in the notary's archives, or protocol.

Notaries are generally required to undergo special training in the performance of their duties. Some must also first serve as an apprentice before being commissioned or licensed to practice their profession. In many countries, even licensed lawyers, e.g., barristers or solicitors, must follow a prescribed specialized course of study and be mentored for two years before being allowed to practice as a notary (e.g., British Columbia, England). However, notaries public in the U.S., of which the vast majority are lay people, require only a brief training seminar and are expressly forbidden to engage in any activities that could be construed as the unlicensed practice of law unless they are also qualified attorneys. Yet, despite these apparent differences, notarial practice is universally considered to be distinct and separate from that of attorney (solicitor/barrister). In England and Wales,there is a course of study for notaries which is conducted under the auspices of the University of Cambridge and the Society of Notaries of England and Wales. In the State of Victoria, Australia, applicants for appointment must first complete a Graduate Diploma of Notarial Practice which is administered by the Sir Zelman Cowen Centre in Victoria University, Melbourne.

In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a legal profession with educational requirements similar to those for attorneys. Many even have institutes of higher learning that offer degrees in notarial law. Therefore, despite their name, "notaries public" in these jurisdictions are in effect civil law notaries.


Further information: Civil law notary

Notaries public (also called "notaries", "notarial officers", or "public notaries") hold an office which can trace its origins back to the ancient Roman Republic, before Cicero 106-43 B.C., when they were called scribae ("scribes"), tabellius ("writer"), or notarius ("notary"). They are easily the oldest continuing branch of the legal profession worldwide.[citation needed]

The history of notaries is set out in detail in Chapter 1 of Brooke's Notary (13th edition):[4]

In the last century of the Republic, probably in the time of Cicero, and apparently by his adoptive son Marcus Tullius Tiro, after whom they were named 'notae Tironianae' a new form of shorthand was invented and certain arbitrary marks and signs, called notae, were substituted for words in common use. A writer who adopted the new method was called a notarius. Originally, a notary was one who took down statements in shorthand using these notes, and wrote them out in the form of memoranda or minutes. Later, the title notarius was applied almost exclusively to registrars attached to high government officials, including provincial governors and secretaries to the Emperor.
Notwithstanding the collapse of the Western Empire in the 5th century AD, the notary remained a figure of some importance in many parts of continental Europe throughout the Dark Ages. When the civil law experienced its renaissance in medieval Italy from the 12th century onwards, the notary was established as a central institution of that law, a position which still obtains in countries whose legal systems are derived from the civil law, including most of Europe and South America. The office of notary reached its apogee in the Italian city of Bologna in the twelfth century, its most distinguished scion being Rolandino Passeggeri generally known as Rolandino of Bologna, who died in 1300 AD, whose masterwork was the Summa Artis Notariae.
The Reformation produced no material change in the position and functions of notaries in England. However, in 1533 the enactment of "the Act Concerning Peter's Pence and Dispensations" (the Ecclesiastical Licences Act 1533) terminated the power of the Pope to appoint notaries and vested that power in the King who then transferred it to the Archbishop of Canterbury who in assigned it to the Court of Faculties and the Master of the Faculties.

Common law jurisdictions[edit]




An example of a notarized acknowledgment

Documents certified by notaries are sealed with the notary's seal or stamp and are recorded by the notary in a register (also called a "protocol") maintained and permanently kept by him or her. These are known as "notarial acts". In countries subscribing to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents or Apostille Convention, only one further act of certification is required, known as an apostille, and is issued by a government department (usually the Foreign Affairs Department or similar). For countries which are not subscribers to that convention, an "authentication" or "legalization" must be provided by one of a number of methods, including by the Foreign Affairs Ministry of the country from which the document is being sent or the embassy, Consulate-General, consulate or High Commission of the country to which it is being sent.

Information on individual countries[edit]



Queensland, like New Zealand, continues the practice of appointment by the Archbishop of Canterbury acting through the Master of the Faculties.[5]


As Justice Debelle of the Supreme Court of South Australia said in the case of In The Matter of an Application by Marilyn Reys Bos to be a Public Notary [2003] SASC 320, delivered 12 September 2003,[6] in refusing the application by a non-lawyer for appointment as a notary:

As a general rule, an applicant [for appointment as a notary] should be a legal practitioner of several years standing at least. Even a cursory perusal of texts on the duties and functions of a public notary demonstrates that a number of those functions and duties require at the very least a sound working knowledge of Australian law and commercial practice. In other words, the preparation of a notarial act plainly requires a sound knowledge of law and practice in Australia especially of the due preparation and execution of commercial and contractual instruments. It is essential that notaries in this State have a sufficient level of training, qualification and status to enable them efficiently and effectively to discharge the functions of the office.



  • 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.
  • 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.
In the case of some documents which are to be used in some foreign countries it may also be necessary to obtain another certificate known either as an "authentication" or an "apostille" (see above) (depending on the relevant foreign country) from the Department of Foreign Affairs and Trade.
  • a notary identifies themselves on documents by the use of their individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the authenticity of a document.

Their principal duties include:

  3. administering of oaths for use in Australia and internationally
  5. certification of copy documents for use Australia and internationally
  6. exemplification of official documents for use internationally
  7. noting and protesting of bills of exchange
  8. preparation of ships' protests
  9. providing certificates as to Australian law and legal practice

Although it was once usual for Australian notaries to use an embossed seal with a red wafer, some now use a red inked stamp that contains the notary's full name and the words "notary public". It is also common for the seal or stamp to include the notary's chosen logo or symbol.


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 certain states, for example, New South Wales and Victoria, they cease to be qualified to continue as a notary once they cease to hold a practising certificate as a legal practitioner. Even judges, who do not hold practising certificates, are not eligible to continue to practise as notaries.

All Australian jurisdictions also have justices of the peace (JP) or commissioners for affidavits and other unqualified persons who are qualified to take affidavits or statutory declarations and to certify documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia rather than in a foreign country, with the possible exception of a few Commonwealth countries not including the United Kingdom or New Zealand except for very limited purposes. Justices of the peace (JPs) are (usually) laypersons who have minimal, if any, training (depending on the jurisdiction) but are of proven good character. Therefore a US notary resembles an Australian JP rather than an Australian notary.


Canadian notaries public (except in the Province of British Columbia and Quebec) are very much like their American counterparts, generally restricted to administering oaths, witnessing signatures on affidavits and statutory declarations, providing acknowledgements, certifying true copies, and so forth.

British Columbia[edit]

In British Columbia, a notary public is more like a British or Australian notary. Notaries are appointed for life by the Supreme Court of British Columbia and as a self-regulating profession, the Society of Notaries Public of British Columbia is the regulatory body overseeing and setting standards to maintain public confidence.[7] A BC Notary is also a Commissioner for Taking Affidavits for British Columbia, by reason of office. Furthermore, BC notaries exercise far greater power, able to dispense legal advice and draft public instruments including:

  • Notarization
  • Real estate law
  • Wills & estate planning
  • Contract law
    • preparation of contracts and agreements, commercial lease and assignments
  • easements and right of way
  • insurance loss declarations
  • marine bills of sale & mortgages
  • marine protestations
  • personal property security agreements
  • purchaser's side for foreclosures
  • subdivisions & statutory building schemes
  • zoning applications

Nova Scotia[edit]

In Nova Scotia a person may be a notary public, a commissioner of oaths, or both. A notary public and a commissioner of oaths are regulated by the provincial Notaries and Commissioners Act.[8] Individuals hold a commission granted to them by the Minister of Justice.

Under the Act a notary public in has the "power of drawing, passing, keeping and issuing all deeds and contracts, charter-parties and other mercantile transactions in this Province, and also of attesting all commercial instruments brought before him for public protestation, and otherwise of acting as is usual in the office of notary, and may demand, receive and have all the rights, profits and emoluments rightfully appertaining and belonging to the said calling of notary during pleasure."[8]

Under the Act a commissioner of oaths is "authorized to administer oaths and take and receive affidavits, declarations and affirmations within the Province in and concerning any cause, matter or thing, depending or to be had in the Supreme Court, or any other court in the Province."[8]

Every barrister of the Supreme Court of Nova Scotia is a commissioner of oaths but must receive an additional commission to act as a notary public.

"A Commissioner of Oaths is deemed to be an officer of the Supreme Court of Nova Scotia. Commissioners take declarations concerning any matter to come before a court in the Province.".[9] Additionally, individuals with other specific qualifications, such as being a current Member of the Legislative Assembly, commissioned officer of the Royal Canadian Mounted Police or Canadian Forces make act as if explicitly being a Commissioner of Oaths.


In Quebec, civil-law notaries (notaires) are full lawyers licensed to practice notarial law. Quebec notaries draft and prepare major legal instruments (notarial acts), provide complex legal advice, represent clients (out of court) and make appearances on their behalf, act as arbitrator, mediator, or conciliator, and even act as a court commissioner in non-contentious matters.[10] To become a notary in Quebec, a candidate must hold a Bachelor's degree in civil law and a one-year Master's in notarial law[11] and serve a traineeship (stage) before being admitted to practice.

The concept of notaries public in Quebec does not exist. Instead, the province has Commissioners of Oaths (Commissaires à l'assermentation) which serve to authenticate legal documents at a fixed maximal rate of $5.00CAD.


The central government appoints notaries for the whole or any part of the country. State governments, too, appoint notaries for the whole or any part of the states. On an application being made, any person who had been practicing as a Lawyer for at least ten years is eligible to be appointed a notary. The applicant, if not a legal practitioner, should be a member of the Indian Legal Service or have held an office under the central or state government, requiring special knowledge of law, after enrollment as an advocate or held an office in the department of Judge, Advocate-General or in the armed forces.[12][13]


Notary public is a trained lawyer that should pass some special examinations to be able to open their office and start their work. Persian meaning of this word is سردفتر means head of the office and their assistant called دفتریار. Both these persons should have Bachelor degree in law or Master degree in civil-law.


There is archival evidence showing that public notaries, acting pursuant to papal and imperial authority, practised in Ireland in the 13th century and it is reasonable to assume that notaries functioned here before that time. In Ireland, public notaries were at various times appointed by the Archbishop of Canterbury and the Archbishop of Armagh. The position remained so until the Reformation.

After the Reformation, persons appointed to the office of public notary either in Great Britain or Ireland received the faculty by royal authority and appointments under faculty from the Pope and the emperor ceased.

In 1871, under the Matrimonial Causes and Marriage Law (Ireland) Amendment 1870, the jurisdiction previously exercised by the Archbishop of Armagh in the appointment of notaries was vested in and became exercisable by the Lord Chancellor of Ireland.

In 1920, the power to appoint notaries public was transferred to the Lord Lieutenant of Ireland. The position in Ireland changed once again in 1924 following the establishment of the Irish Free State. Under the Courts of Justice Act, 1924 the jurisdiction over notaries public was transferred to the Chief Justice of the Irish Free State.

In 1961, under the Courts (Supplemental Provisions) Act of that year, and the power to appoint notaries public became exercisable by the Chief Justice. This remains the position in Ireland, where notaries are appointed on Petition to the Supreme Court, after passing prescribed examinations. The governing body is the Faculty of Notaries Public in Ireland. The vast majority of notaries in Ireland are also solicitors. A non-solicitor, who was successful in the examinations as set by the governing body, applied in the standard way to the Chief Justice to be appointed a notary public. The Chief Justice heard the adjourned application on 3 March 2009 and appointed the non-solicitor as a Notary on 18 July 2011.

In Ireland Notary Publics' cannot agree on a standard fee due to competition law. In practice the price per signature appears to be EUR 65. A cheaper alternative is to visit a Commissioner for Oaths who will charge less per signature, but that is only possible where whomever is to receive a document will recognize the signature of a Commissioner for Oaths.

New Zealand[edit]




The Master of the Faculties continues to appoint notaries overseas in the exercise of the general authorities granted by s 3 of the Ecclesiastical Licenses Act 1533 (Eng). In these cases they are guided by local considerations of public convenience.

Sri Lanka[edit]

Until 1973 a separate group of lawyers existed to carry out litigation known as Proctors. A proctor was not a practitioner in a court of law. These were also known as Notaries. However since 1973 the legal practitioners were classed solely as Attorneys at law combining the former advocates and proctors. This new position of attorney at law brought with it automatic appointment as a notary public when the practitioner took oaths as an attorney at law, thus becoming legally qualified for litigation.In General notary is practiced by legal lawyers.

United Kingdom[edit]

England and Wales[edit]


In England and Wales there are several classes of notaries. English notaries who, like solicitors, barristers, legal executives and licensed conveyancers, are also commissioners for oaths, also acquire the same powers as solicitors and other law practitioners, with the exception of the right to represent others before the courts (unless also members of the bar or admitted as a solicitor) once they are licensed or commissioned notaries. In practice almost all English notaries, and all Scottish ones, are also solicitors, but typically do not perform such services.[14]

Commissioners of oaths are able to undertake the bulk of routine domestic attestation work within the UK, and many documents, including signatures for normal property transactions, do not need professional attestation of signature at all, a lay witness being sufficient.

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, and documents needing to be used abroad, and many of the small number of English notaries have strong foreign language skills and often a foreign legal qualification. The work of notaries and solicitors in England is separate although most notaries are solicitors.[15] The Notaries Society gives the number of notaries in England and Wales as "about 1,000," all but seventy of whom are solicitors.


Currently to qualify as a notary public in England and Wales it is necessary to have earned a law degree or qualified as a solicitor or barrister in the past five years, and then to take a two-year distance-learning course styled the Postgraduate Diploma in Notarial Practice. At the same time, any applicant must also gain practical experience. The few who go on to become scrivener notaries require further study of two foreign languages and foreign law and a two-year mentorship under an active Scrivener notary.



Notarial services generally include:

  • attesting the signature and execution of documents
  • authenticating the execution of documents
  • authenticating the contents of documents
  • administration of oaths and declarations
  • drawing up or noting (and extending) protests of happenings to ships, crews and cargoes
  • presenting bills of exchange for acceptance and payment, noting and protesting bills in cases of dishonour and preparing acts of honour
  • attending upon the drawing up of bonds
  • drawing mercantile documents, deeds, sales or purchases of property, and wills in English and (via translation), in foreign languages for use in Britain, the Commonwealth and other foreign countries
  • authenticating personal documents and information for immigration or emigration purposes, or to apply to marry, divorce, adopt children[16] or to work abroad
  • verification of translations from foreign languages to English and vice versa
  • taking evidence in England and Wales as a Commissioner for Oaths for foreign courts
  • provision of notarial copies
  • preparing and witnessing powers of attorney, corporate records, contracts for use in Britain or overseas
  • authenticating company and business documents and transactions
  • international Internet domain name transfers


Notaries public have existed in Scotland since the 13th century and developed as a distinct element of the Scottish legal profession. Those who wish to practice as a notary must petition the Court of Session. This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later. However, to qualify, a notary must hold a current Practising Certificate from the Law Society of Scotland, a new requirement from 2007, before which all Scottish solicitors were automatically notaries.

Whilst notaries in Scotland are always solicitors, the profession remains separate in that there are additional rules and regulations governing notaries and it is possible to be a solicitor, but not a notary. Since 2007 an additional Practising Certificate is required, so now most, but not all, solicitors in Scotland are notaries - a significant difference from the English profession. They are also separate from notaries in other jurisdictions of the United Kingdom.[17]


In Scotland, the duties and services provided by the notary are similar to England and Wales, although they are needed for some declarations in divorce matters for which they are not in England. Their role declined following the Law Agents (Scotland) Amendment Act 1896 which stipulated only enrolled law agents could become notaries and the Conveyancing (Scotland) Act 1924 which extended notarial execution to law agents. The primary functions[18] of a Scottish notary are:

  • oaths, affidavits, and affirmations
  • affidavits in undefended divorces and for matrimonial homes
  • maritime protests
  • execution or certification for foreign jurisdictions, e.g., estates, court actions, powers of attorney, etc.
  • notarial execution for the blind or illiterate
  • entry of a person to overseas territories
  • completion of the documentation required for the registration of a company in certain foreign jurisdictions; and
  • drawing for repayment of Bonds of Debenture

United States[edit]

In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, state secretary, 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 may vary widely from state to state and in most cases bars a notary from acting outside their home state unless they also have a commission there as well.

In 32 states the main requirements are to fill out a form and pay a fee; many states have restrictions concerning notaries with criminal histories, but the requirements vary from state to state. Notaries in 18 states and the District of Columbia are required to take a course, pass an exam, or both; the education or exam requirements in Delaware and Kansas only apply to notaries who will perform electronic notarizations.[19]



Notaries in the United States are much less closely regulated than notaries in most other common-law countries, typically because U.S. notaries have little legal authority. In the United States, a lay notary may not offer legal advice or prepare documents - except in Louisiana and Puerto Rico - and in most cases cannot recommend how a person should sign a document or what type of notarization is necessary. There are some exceptions; for example, Florida notaries may take affidavits, draft inventories of safe deposit boxes, draft protests for payment of dishonored checks and promissory notes, and solemnize marriages. In most states, a notary can also certify or attest a copy or facsimile.



"An acknowledgment is a formal [oral] declaration before an authorized public officer. It is made by a person executing [signing] an instrument who states that it was their free act and deed." That is, the person signed it without undue influence and for the purposes detailed in it.[20] A certificate of acknowledgment is a written statement signed (and in some jurisdictions, sealed) by the notary or other authorized official that serves to prove that the acknowledgment occurred. The form of the certificate varies from jurisdiction to jurisdiction, but will be similar to the following:

Before me, the undersigned authority, on this ______ day of ___________, 20__ personally appeared _________________________, to me well known to be the person who executed the foregoing instrument, and he/she acknowledged before me that he/she executed the same as his/her voluntary act and deed.

Oath, affirmation, and jurat[edit]


  • Jurat: "Sworn (or affirmed) to before me this _______ day of ____________, 20__."
  • Oath: "Do you solemnly swear that the contents of this affidavit subscribed by you are correct and true?"



State of .......)
County of.......)
State of ________
County of _______, to-wit:




Prior to sitting for the notary exam, one must complete a mandatory six-hour course of study. This required course of study is conducted either in an online, home study, or in-person format via an approved notary education vendor.[22] Both prospective notaries as well as current notaries seeking reappointment must undergo an "expanded" FBI and California Department of Justice background check.[23]



Notarial acts performed in Colorado are governed under the Notaries Public Act, 12-55-101, et seq. Pursuant to the Act, notaries are appointed by the Secretary of State for a term not to exceed four years. Notaries may apply for appointment or reappointment online at the Secretary of State's website.[26] A notary may apply for reappointment to the notary office 90 days before their commission expires. Beginning in early 2010, all new notaries will be required to take a training course and pass an examination to ensure minimal competence of the Notaries Public Act. A course of instruction approved by the Secretary of State may be administered by approved vendors and shall bear an emblem with a certification number assigned by the Secretary of State's office. An approved course of instruction covers relevant provisions of the Colorado Notaries Public Act, the Model Notary Act, and widely accepted best practices. In addition to courses offered by approved vendors, the Secretary of State offers free certification courses at the Secretary of State's office. To sign up for a free course, visit the notary public training page at the following link.[27] A third party seeking to verify the status of a Colorado notary may do so by visiting the Secretary of State's website at the following link.[28] Constituents seeking an apostille or certificate of magistracy are requested to complete the form found on the following page before sending in their documents or presenting at the Secretary of State's office.[29]


Florida notaries public are appointed by the Governor to serve a four-year term. New applicants and commissioned notary public must be bona fide residents of the State of Florida and first time applicants must complete a mandatory three-hour education course administered by an approved educator. Florida state law also requires that a notary public post bond in the amount of $7,500.00. A bond is required in order to compensate an individual harmed as a result of a breach of duty by the notary. Applications are submitted and processed through an authorized bonding agency. Florida is one of three states (Maine and South Carolina are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony).[30]

The Department of State appoints civil law notaries, also called "Florida International Notaries", who must be Florida attorneys who have practiced law for five or more years. Applicants must attend a seminar and pass an exam administered by the Department of State or any private vendor approved by the department. Such civil law notaries are appointed for life and may perform all of the acts of a notary public in addition to preparing authentic acts.


Notaries public in Illinois are appointed by the Secretary of State for a four-year term. Also, residents of a state bordering Illinois (Iowa, Indiana, Kentucky, Missouri, Wisconsin) who work or have a place of business in Illinois can be appointed for a one-year term. Notaries must be United States citizens (though the requirement that a notary public must be a United States citizen is unconstitutional; see Bernal v. Fainter), or aliens lawfully admitted for permanent residence; be able to read and write the English language; be residents of (or employed within) the State of Illinois for at least 30 days; be at least 18 years old; not be convicted of a felony; and not had a notary commission revoked or suspended during the past 10 years.[31]

An applicant for the notary public commission must also post a $5,000 bond, usually with an insurance company and pay an application fee of $10. The application is usually accompanied with an oath of office. If the Secretary of State's office approves the application, the Secretary of State then sends the commission to the clerk of the county where the applicant resides. If the applicant records the commission with the county clerk, they then receive the commission. Illinois law prohibits notaries from using the literal Spanish translation in their title and requires them to use a rubber stamp seal for their notarizations. The notary public can then perform their duties anywhere in the state, as long as the notary resides (or works or does business) in the county where they were appointed.[32]




Maine notaries public are appointed by the Secretary of State to serve a seven-year term. Maine is one of three states (Florida and South Carolina are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony).[34]





Minnesota notaries public are commissioned by the Governor with the advice and consent of the Senate for a five-year term. All commissions expire on 31 January of the fifth year following the year of issue. Citizens and resident aliens over the age of 18 years apply to the Secretary of State for appointment and reappointment. Residents of adjoining counties in adjoining states may also apply for a notary commission in Minnesota. Notaries public have the power to administer all oaths required or authorized to be administered in the state; take and certify all depositions to be used in any of the courts of the state; take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney and other instruments in writing or electronic records; and receive, make out and record notarial protests. The Secretary of State's website ([10]) provides more information about the duties, requirements and appointments of notaries public.







New Jersey[edit]

Notaries are commissioned by the State Treasurer for a period of five years. Notaries must also be sworn in by the clerk of the county in which they reside. A person can become a notary in the state of New Jersey if they: (1) are over the age of 18; (2) are a resident of New Jersey OR is regularly employed in New Jersey and lives in an adjoining state; (3) have never been convicted of a crime under the laws of any state or the United States, for an offense involving dishonesty, or a crime of the first or second degree, unless the person has met the requirements of the Rehabilitated Convicted Offenders Act (NJSA 2A:168-1). Notary applications must be endorsed by a state legislator.



Pursuant to state law, attorneys licensed in New Jersey may administer oaths and affirmations[35]

New York[edit]


Admitted attorneys are automatically eligible to be notaries in the State of New York, but must make an application through the proper channels and pay a fee.



Oregon notaries public are appointed by the Governor and commissioned by the Secretary of State to serve a four-year term. Oregon notaries are empowered to administer oaths, jurats and affirmations (including oaths of office), to take affidavits and depositions, to receive and certify acknowledgments or proof of deeds, mortgages and powers of attorney and other instruments in writing; to demand acceptance or payment of foreign and inland bills of exchange, promissory notes and obligations in writing, and to protest these (that is, certify them) for non-acceptance or non-payment. They are also empowered to certify "true copies" of most documents. Every court clerk in Oregon is also empowered to act as a notary public, although they are not required to keep a journal. Oregon formerly required that impression seals be used, but now it is optional. The ink seal must be in black ink.[36] Beginning in 2001, all Oregon notaries were required to pass an open-book examination to receive their commission. Beginning in 2006, new notary applicants were also required to complete a free three-hour online or live in-person instructional seminar, however this requirement is waived for notaries who are renewing their commissions, as long as the commission is renewed before its expiration date.[37] Oregon law specifically prohibits the use of the term "notorio publico" by a notary in advertising their services, but translation of the title into other languages is not restricted.



South Carolina[edit]

South Carolina notaries public are appointed by the Governor to serve a ten-year term. All applicants must first have that application endorsed by a state legislator before submitting their application to the Secretary of State. South Carolina is one of three states (Florida and Maine are the others) where a notary public can solemnize the rites of matrimony (perform a marriage ceremony) (2005).[38] If you live in South Carolina but work in North Carolina, Georgia or Washington, DC, these states will permit you to become a notary public for their state. South Carolina does not offer this provision to out-of-state residents that work in South Carolina(2012).[39]


Utah notaries public are appointed by the Lieutenant Governor to serve a four-year term. Utah used to require that impression seals be used, but now it is optional. The seal must be in purple ink.



On July 1, 2012, Virginia became the first state to authorize a signer to be in a remote location and have a document notarized electronically by an approved Virginia electronic notary using audio-visual conference technology by passing the bills SB 827 and HB 2318.[41][42]


In Washington State, any resident or resident of an adjacent state employed in Washington may apply to become a notary public. Applicants must obtain a $10,000 surety bond and present proof at a Department of Licensing. A notary public is appointed for a term of 4 years.[43]




A Maryland requirement that to obtain a commission, a notary declare their belief in God, as required by the Maryland Constitution, was found by the United States Supreme Court in Torcaso v. Watkins, 367 U.S. 488 (1961) to be unconstitutional. Historically, some states required that a notary be a citizen of the United States. However, the U.S. Supreme Court, in the case of Bernal v. Fainter 467 U.S. 216 (1984), declared that to be impermissible.



Certain members of the United States Armed Forces are given the powers of a notary under federal law (10 U.S.C. section 1044a). Some military members have authority to certify documents or administer oaths, without being given all notarial powers (10 U.S.C. sections 502, 936, and 1031). In addition to the powers granted by the federal government, some states have enacted laws granting notarial powers to commissioned officers.[45]

Embassies & Consulates[edit]

Certain personnel at U.S. embassies and consulates may be given the powers of a notary under federal law (22 U.S.C. sections 4215 and 4221).[46]

Civil law jurisdictions[edit]

Main article: Civil law notary

The role of notaries in civil law countries is much greater than in common law countries. Civilian notaries are full-time lawyers and holders of a public office who routinely undertake non-contentious transactional work done in common law countries by attorneys/solicitors, as well as, in some countries, those of government registries, title offices, and public recorders. The qualifications imposed by civil law countries are much greater, requiring generally an undergraduate law degree, a graduate degree in notarial law and practice, three or more years of practical training ("articles") under an established notary, and must sit a national examination to be admitted to practice. Typically, notaries work in private practice and are fee earners, but a small minority of countries have salaried public service (or "government" / "state") notaries (e.g., Ukraine, Russia, Baden-Württemberg in Germany, certain cantons of Switzerland).

Civil law notaries have jurisdiction over strictly non-contentious domestic civil-private law in the areas of property law, family law, agency, wills and succession, and company formation. The point to which a country's notarial profession monopolizes these areas can vary greatly. On one extreme is France (and French-derived systems) which statutorily give notaries a monopoly over their reserved areas of practice, as opposed to Austria where there is no discernible monopoly whatsoever and notaries are in direct competition with attorneys/solicitors.

In the few United States jurisdictions where trained notaries are allowed (such as Louisiana, Puerto Rico), the practice of these legal practitioners is limited to legal advice on purely non-contentious matters that fall within the purview of a notary's reserved areas of practice.

Notable notaries[edit]

Upon the death of President Warren G. Harding in 1923, Calvin Coolidge was sworn in as President by his father, John Calvin Coolidge, Sr., a Vermont notary public. However, as there was some controversy as to whether a state notary public had the authority to administer the presidential oath of office, Coolidge took the oath, again, upon returning to Washington.[47]

See also[edit]


  1. ^ "Notaries Public", Montgomery County, Alabama Probate Judge: [1][dead link], retrieved on 20 January 2009.
  2. ^ "History of the NNA". Retrieved 9 July 2006. 
  4. ^ Chapter 1 of Brooke's Notary (13th edition, Stevens, London, 2010)
  5. ^ Notary Public Services ABKJ Lawyers. Retrieved on 2013-11-15.
  7. ^ The Society of Notaries Public of BC. (2011).: Becoming a Notary.
  8. ^ a b c Notaries and Commissioners Act
  9. ^ Nova Scotia Commissioners of Oaths | Justice | Government of Nova Scotia
  10. ^ [2] A general overview of the notarial profession in Quebec: taken from the website of the Chambre des Notaires du Quebec.
  11. ^ [3] The main page for the Chambre des Notaires du Quebec.
  12. ^ THE NOTARIES RULES, 1956
  13. ^ The Hindu Business Line : Notes on the notary
  14. ^ The Notaries Society (England & Wales)
  15. ^ The difference between a Notary and a Solicitor?
  16. ^
  17. ^ Law Society of Scotland[dead link]
  18. ^ David A. Brand & Michael P. Clancy, The Modern Notary Public in Scotland: Guidance for Intrant Notaries, 6th ed. (2009), The Law Society of Scotland.
  19. ^ Issues and Trends in State Notary Regulation. (2011). National Association of Secretaries of State. pp. 6, 17–18.
  21. ^ California Government Code §8200.
  22. ^ California Secretary of State. (n.d.). Notary Public Check List.[dead link] Viewed 9 January 2008.
  23. ^ California Government Code §8201.1.
  24. ^ California Government Code §8211.
  26. ^ [4][dead link]
  27. ^ [5][dead link]
  28. ^ Colorado Secretary of State - Verify a Notary
  29. ^ [6][dead link]
  31. ^ Illinois Secretary of State. 2010). Notary Public Handbook. pp. 4-5.
  32. ^ Illinois Secretary of State. (2010). Notary Public Handbook. pp. 5-6.
  33. ^ Louisiana Notary Association
  35. ^ N.J.S.A. 41:2-1.
  36. ^ [7][dead link]
  37. ^ [8][dead link]
  38. ^ Duties of a South Carolina Notary Public
  40. ^ A Handbook for Virginia Notaries Public.[dead link] (2009). Richmond, Virginia: Office of the Secretary of the Commonwealth.
  41. ^ "CHAPTER 834". Retrieved 2011-04-06. 
  42. ^ "Frequently Asked Questions About Becoming a Virginia Electronic Notary". 
  43. ^ "Revised Code of Washington Chapter 42.44"
  44. ^ [9][dead link]
  45. ^ "Notarial Services". U.S. Army. 10 April 1997. Retrieved 4 June 2009. 
  46. ^ "Notarial and Authentication Services of U.S. Consular Officers Abroad". U.S. State Dept. Retrieved 2 August 2014. 
  47. ^ Short Guide for Vermont Notaries Public. (2011). Vermont Secretary of State. p. i.

External links[edit]