Frequently Asked Questions

You may have many questions regarding the notary public or the notarization process. Below are some answers to some general questions about the profession.

What is a Notary Public?

A Notary Public is an official appointed by the state government to serve as an impartial witness during the signing of important documents. Their primary role is to deter fraud by verifying the identity of signers, ensuring they are signing willingly, and confirming their awareness of the document's contents.

Notaries Public may notarize contracts, deeds, powers of attorney, and other legal documents. Some notarizations also require the signer to take an oath, affirming the truthfulness of the document under penalty of perjury.

In the U.S., notaries are state officers, meaning their duties and requirements vary by state. Some states require training or exams, while others simply require an application and fee.

Can a Notary Public provide legal advice?

No, a Notary Public cannot provide legal advice. Notaries are not attorneys and are strictly prohibited from interpreting legal documents, advising on legal matters, or recommending specific notarization types.

This restriction is in place to prevent the unauthorized practice of law (UPL), which can result in fines, loss of commission, or even criminal charges. If a client needs legal guidance, they should consult a licensed attorney rather than a notary public.

Why are documents notarized?

Documents are notarized to prevent fraud, ensure authenticity, and add legal credibility to important agreements. A notary public verifies the identity of signers, confirms their willingness to sign, and ensures they understand the document’s contents.

Notarization helps protect against disputes and legal challenges by providing a trusted, impartial witness to the signing process. Many institutions, such as banks and government agencies, require notarized documents for transactions like real estate deals, contracts, and powers of attorney.

What are the acceptable forms of identification?

According to California Civil Code Section 1185(b)(3) & (4), acceptable forms of identification for notarization include:

Government-Issued IDs (Current or Issued Within 5 Years)
- California Driver’s License or ID Card
- U.S. Passport
- Inmate ID Card (Issued by the California Department of Corrections and Rehabilitation for those in state prison)
- Sheriff’s Department Inmate ID (For those in local detention facilities)
Other Acceptable IDs (Must Include a Photo, Description, Signature & Identifying Number)
- Valid Foreign Passport (From the applicant’s country of citizenship)
- Driver’s License or ID Card (Issued by another U.S. state, Canada, or Mexico)
- U.S. Military ID
- Employee ID (Issued by a California state, city, or county agency)
- Tribal Government ID (Issued by a federally recognized tribe)
- Consular Identification Document (Issued by a consulate from the applicant’s country of citizenship)