Have you ever wondered, ‘Is A Notarized Document Legally Binding?’, read the article to find out the answer to your question. Keep reading!
Is A Notarized Document Legally Binding?
A notarized document is a legal document that is valid in court. One can notarize a document to add legal validity to it in case of any future disputes. Notarization of a document requires both parties to agree with the terms of the documents and sign them in the presence of a legal witness.
A notarized document being legally binding depends on the situation. The legality of a notarized document is based on the contents of the document. The content of a notarized document may not be legal but indicates that both the parties do agree to the conditions of the document. It shows that both the parties are willing to get into an agreement in which either some actions are to be performed or something is prohibited from being done.
A notarized agreement can be legally enforced upon both the parties where violations of the terms of the document can have legal consequences.
However, the concept of notarizing works on reciprocal benefits. Both the parties need to get something valuable in order for it to be considered an agreement or else it just becomes a notarized gift that cannot be upheld or enforced by the court.
Notarizing a document further validates a copy of the original document, where the original document may or may not be authentic or comply with the law. The notarization of a document in short proves that the signatures are legitimate in case of transaction frauds, identity thefts, etc.
A document may not be legal but getting it notarized means proving its authenticity in court.
Who is a Notary Public?
The legal witness in whose presence a document is notarized is called a notary public. Notary Public is to check the identities of the signers before signing the document which is to be notarized or certifies that a copy is the true copy of the original document. The notary should further confirm that the signing party understands what is in the agreement that is being signed by them. After a document is notarized, the seal of the notary public is put on the document which states that the signatures on the document are of the actual person.
It is not the responsibility of a notary public to check whether the original document is authentic or not. The notary official further cannot suggest any amendment in the document (in case it is an agreement between two parties) being notarized unless he/she is an attorney as well. Violating this rule can cause prosecution against the notary public according to the law.
To be a notary public one must be 18 years or older and reside in a specific place where they have the license to operate. One can be a notary after passing an exam or can easily become a notary after being in the judicial field previously.
What is required for a document to be Notarized?
For a document to be notarized the following needs to be taken care of:
- The verification of ID before the signature.
- The documents must not be signed beforehand or the notary can dismiss them as they are to be signed in his/her presence.
- There should be witnesses present for both parties to sign the document.
- The notary should ensure that the signing parties understand the terms of the agreement.
- The seal of the notary should be placed at the end of the notarized document.
Different types of Notarized Documents:
- Validating copies – Notarizing a copy of a document means that the copy is the true copy of the original document. This is done for the copies of IDs, driving licenses etc to prevent identity theft,
- AFFIRMATIONS – It is done in the case of mortgages or other private money-lending activities where notarizing the document means that the party has signed the document themselves willingly and cannot be disputed in the future.
- Property or rental agreements – It means that the selling/buying or renting of a property is done in the agreement of both parties and the parties agree with all the terms of the contract. This can be used as evidence in court in case of land disputes.
- Company Contracts – It is used while signing documents while the company registrations where certain affidavits need to be notarized. It is further used for company contracts where again the terms of the contract need to be agreed upon by both the parties.
- Oaths – Certain oaths are notarized for them to be credible in court and prove that the one taking the oath is speaking the truth.
Benefits of Notarizing
- Notarizing a document can uphold its legal validity in court in case of disputes and can be used as evidence for its legal enforcement.
- It helps prevent identity thefts during transactions or helps prove your identity while applying for admissions or jobs in other countries.
- If a document is notarized then it can prove in the court that the signatures are authentic and of the correct person.
- It prevents the forgery of legal documents.
Conclusion
Notarizing a document is very necessary to prove the authenticity of any type of document for it to be legally valid. Notarizing an agreement works as its official registration where it can be enforced legally on both the parties. It further authenticates the identity of the signer on a document and can prevent any kind of identity theft in the future.
FAQs
- Where can we find a notary public?
Notary publics are easily available through any governmental firm or private firm or individual.
- Is it important for a notary public to be present while notarizing a document?
Yes, the notary public needs to be present while signing the documents and need to put his/her seal after the notarizing of the document.
- Do you need a degree for being a notary public?
You don’t need to have a proper degree to be a notary public. However, being a law officer previously can help you become a notary public easily.
