Notary Public

A notary public is a state-commissioned official whose core function is to deter fraud in the execution of written instruments. By verifying the identity of signatories, confirming their willingness to sign, and affixing a seal or stamp, the notary creates a presumption of authenticity that courts and foreign authorities can rely on.

The role differs significantly across legal traditions:

• In common law jurisdictions (United States, United Kingdom, Canada, Australia), notaries typically perform ministerial acts: acknowledgments, jurats, oaths, and copy certifications. Most U.S. notaries are not lawyers, and their authority is limited.
• In civil law jurisdictions (France, Germany, Spain, much of Latin America), the notaire or notario is a highly trained legal professional who drafts authentic instruments (actes authentiques) that carry probative and often executory force without further court action. The International Union of Notaries (UINL), founded in 1948, represents these civil-law notariats.

For international research and diplomacy, notarization is often the first step in a chain of authentication. Under the 1961 Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, a notarized document can be further certified by an apostille issued by the competent authority of the originating state, making it valid in all other contracting parties (over 120 as of recent counts). For documents destined for non-Hague states, a more cumbersome process of consular legalization is required.

Notaries also play a role in commercial and maritime practice—drafting protests of dishonored bills of exchange or noting maritime protests after casualties at sea. In some jurisdictions they are involved in real-property conveyances, wills, and corporate formation.

Confusion sometimes arises because the term "notary" implies very different competencies depending on country. A document notarized by a U.S. notary public is not equivalent in legal weight to one executed before a French notaire, even though both bear the title.