Um Imparcial View of notary

Um Imparcial View of notary

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Satisfying the notary that the person appearing is of full age and capacity to do whatever is intended.

A notarized document will serve as stronger evidence in court. In case there is a dispute about a document that has to be brought to court, the document will be taken as the truth because it is notarized and therefore the parties must follow what the document says.

For instance, in a contract where the amount or sum of money involved is high or it will put one party thereto at risk if the other party reneges on the agreement, it is recommended that such contract be notarized even if the law does not require its notarization in order to ensure that one party can enforce the agreement against the other and the interests of both parties over their agreement are secured.

If the law requires a document or agreement to be notarized, as in those mentioned in Section 2, failure to notarize such documents can result in their invalidity. Meaning, they will have no legal effect.

This process helps maintain the reliability of documents such as real estate transactions and power of attorney authorizations.

Notaries in civil law countries have had a critical historical role in providing archives. A considerable amount of historical data of tremendous value is available in France, Spain and Italy thanks to notarial minutes, contracts and conveyances, some of great antiquity which have survived in spite of losses, deterioration and willful destruction.

Further, the consequences of not notarizing the document and the failure to follow the steps in Section 5 as well as the duties of the notary public in the previous Section will have its consequences as stated in the following Section as if there was no intervention of a notary public.

Not surprisingly, in those early days, many of the notaries were members of the clergy. In the course of time, members of the clergy ceased to take part in secular business and laymen, especially in towns and trading centers, began to assume the official character and functions of a modern common law notary.

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The party or parties acknowledge that they executed the document willingly and for the purposes stated in it.

A notary, in almost all common law jurisdictions other than most of North America, is a practitioner trained in the drafting and execution of legal documents.[7] Historically, notaries recorded matters of judicial importance in addition to private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required.

It must always be noted that making a false statement in a notarized document is perjury which is a felony punished by the Revised Penal Code.

The role of notaries in civil law countries is much greater than in common law countries. Civilian notaries are full-time lawyers and holders of a public office who routinely undertake non-contentious transactional work done in common law countries by attorneys/solicitors, as well as, in some countries, those of government registries, title offices, and public recorders. The qualifications imposed by civil law countries are much greater, requiring generally an undergraduate law degree, a graduate degree in notarial law and practice, three or more years of practical training ("articles") under an established notary, and the sitting of a national examination, to be admitted to practice.

The documents that need notarization must be prepared by checking that all the pages are complete and all the Remote Online Notary contents thereof are accurate, after which the valid IDs of the parties should be printed and signed with 3 wet signatures.