Mobile & Remote Online Notary Services

Q: What is a Notary Public and what does notarization mean? A: A Notary Public is a state-commissioned officer who serves as an impartial witness to significant signing events. A notarization is the official procedural process where the notary verifies the signer's identity, confirms the signer's willingness to sign, and deters fraud. This process adds a layer of integrity to the document for reliance by courts and the general public.

Q: What is a notarial act? A: A notarial act is the official procedure performed by a Notary Public to certify the execution of a document. These acts are distinct statutory duties, such as taking an acknowledgment or administering an oath/affirmation. In terms of compensation, Florida Statute §117.05(2)(a) limits the notarial fee to $10 for any one notarial act, meaning each acknowledgment, oath, or affirmation is charged separately.

Q: What is acceptable identification, and what should I bring to my notary appointment? A: The signer must present current or issued within the last five years, acceptable identification that contains a photograph, signature, and serial number. This typically includes a United States-issued driver's license or identification card, or a United States passport. If a signer lacks this evidence, the notary may rely upon the sworn written statement of one or two credible witnesses who are personally known to the notary and possess acceptable identification.

Q: Is a document required to be complete before notarization, and must the signer be present? A: Yes, the document must be complete before the notarial act commences, as Florida law prohibits a notary from acting on a blank or incomplete document. Furthermore, the signer must always appear before the notary, either through physical presence for mobile services or via approved audio-video technology for remote online services. We cannot notarize a document that was signed previously and is only presented with identification.

Q: Can you answer questions about the document I need notarized? A: Notaries Public are expressly prohibited from engaging in the unauthorized practice of law, which includes interpreting, selecting, or providing guidance on the legal effects of a document. We are impartial witnesses only.

Q: Does notarizing a document make it legally binding? A: No. The act of notarization pertains only to the authentication of the signer's identity and the voluntary nature of their signature—or their solemn oath regarding the document’s truthfulness. Notarization does not validate, authenticate, or verify the document’s content, legality, or effectiveness. That determination rests with the issuing or receiving entity.

Q: What does "competency" mean, and when can a Notary Public refuse service due to the signer's capacity? A: In the context of a notarial act, "competency" refers to the signer's mental capacity to understand the nature and consequences of the document they are signing at that moment in time. It is a temporary, transactional assessment, not a medical or permanent diagnosis. A Notary Public must refuse to perform a notarial act if they have a clear reason to believe the signer lacks this transactional understanding. This typically arises in situations such as when: The signer cannot articulate, in their own words, what document they are signing or the basic effects of signing it. The signer is under the influence of substances or appears to be in a mental state that prevents them from exercising sound judgment. The signer is visibly fluctuating in their understanding, showing moments of lucidity mixed with confusion. The notary's goal is to prevent a document from being challenged later on the grounds that the signer did not know what they were doing. If the notary harbors any doubt about the signer's free will or comprehension, they are ethically and legally bound to decline the service to protect the integrity of the document.

Q: What is the difference between an Acknowledgement, a Jurat, and an Affirmation? A: An Acknowledgement is the signer's voluntary confirmation that they are the person named in the document and that they signed it willingly. A Jurat is when the signer takes an oath or affirmation—a sworn verbal promise—that the statements within the document are true. An Affirmation is a solemn pledge used in place of an oath when a signer holds religious objections to using the word "swear."

Q: Can I get a document notarized that is in a foreign language? A: A document may be notarized if the notarial certificate is written in English and the signer confirms they understand the nature and effect of the document.

Q: Can a Notary Public refuse to provide service for other reasons than those listed? A: Yes, a Notary Public has the authority and, in many cases, a duty to refuse service to protect the document’s integrity depending on a number of other situations not outlined above. A notary must not administer an oath to a person whom the notary actually knows has been adjudicated mentally incapacitated by a court for a related right that has been removed. Refusal is also appropriate if the notary suspects the signer is being coerced or is involved in a fraudulent transaction.