The Essential Responsibilities of a Notary Public
This material is provided for general educational purposes only and is not legal advice; notary laws, requirements, and procedures vary by state and locality, so please consult your state’s notary regulations and local guidelines before conducting any notarization.
A notary public is a state-commissioned official whose core job is to deter fraud by verifying that the people signing important documents are who they say they are and are signing willingly. The specific rules come from each state’s notary law, but the obligations are broadly similar everywhere.
Verifying identity. The notary must confirm the signer’s identity, usually by examining a current government-issued photo ID, or in some states through a credible witness who personally knows the signer. Personal knowledge of the signer is accepted in some states but not others.
Confirming willingness and awareness. The notary should be satisfied that the signer is acting voluntarily and appears to understand what they are signing. If the signer seems coerced, confused, or impaired, the notary should refuse. This matters especially for estate documents like wills, trusts, and powers of attorney, where capacity and undue influence are common grounds for later challenges.
Requiring personal appearance. The signer must appear before the notary, in person or, where the state allows it, through an authorized remote online notarization platform. Notarizing a signature for someone who isn’t present is one of the most serious violations.
Performing the correct act. The notary carries out the specific act requested: an acknowledgment (the signer confirms they signed), a jurat (the signer swears or affirms the contents are true, and usually signs in front of the notary), an oath, or a copy certification where permitted. The notary completes the matching certificate wording accurately and applies their official seal or stamp.
Keeping records. Many states require a journal of every notarial act recording the date, type of act, document, signer’s name, and ID details, and fee. Some states also require a thumbprint in the journal for certain documents, such as deeds affecting real property and powers of attorney. Other states only recommend a journal.
Staying impartial. A notary may not notarize documents in which they have a personal or financial interest, and in many states should avoid notarizing for close relatives. They must treat all lawful requests fairly and not refuse service for improper reasons.
Not practicing law. Unless they are also an attorney, a notary cannot give legal advice, draft legal documents, or tell someone which form or type of notarization they need. They can explain the difference between notarial acts, but the signer has to choose.
Charging only lawful fees and safeguarding tools. Fees cannot exceed the state maximum. The seal and journal must be kept secure and under the notary’s exclusive control, and loss or theft usually has to be reported.
Maintaining the commission. This includes keeping a current commission, a surety bond where required, updated contact information with the commissioning authority, and, in some states, completing training and exams to renew.
A notary who neglects these duties can face revocation of their commission, civil liability for resulting losses, and, in serious cases, criminal charges. If you need the exact requirements for a particular state, the Secretary of State’s notary handbook is the authoritative source.
About Financial Planning Ministry
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To learn more about FPM or explore partnership opportunities, visit www.fpm.org or call toll-free (800) 871-4901.
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