Notarization serves as a crucial safeguard against fraud, protecting all parties involved by verifying the authenticity of signatures. A notary public acts as an impartial witness, ensuring the signer’s identity, confirming their willingness to sign, and assessing their mental capacity. However, not all documents are eligible for notarization.
While some documents legally require notarization, others do not. Certain categories of documents are explicitly prohibited from being notarized. Here’s a breakdown of what a notary public cannot legally witness or notarize:
* **Birth Certificates:** Typically, individuals require certified copies of birth records, obtainable from the State Bureau of Vital Statistics or equivalent agency. Notarizing a birth certificate or any copy thereof is strictly prohibited.
* **Photographs:** United States notarial acts do not authorize the notarization of photographs. However, a notary can notarize a written statement pertaining to a photograph, with the photograph attached as an exhibit. In this case, the notarization applies to the statement, not the photograph itself.
* **Name Discrepancies:** If the name on the document doesn’t precisely match the identification presented, the document should not be notarized. A notary must be certain of the signer’s identity before proceeding.
* **Blank or Incomplete Documents:** Notarization should only occur when documents are fully complete, without any blank spaces. Incomplete documents are susceptible to fraudulent alterations after notarization, posing significant risks.
* **Faxed or Copied Signatures:** A faxed or photocopied document can only be notarized if it bears an original, handwritten signature in ink. A photocopied signature can never be notarized.
* **Wills:** Wills are particularly sensitive legal documents. Notarizing a holographic (handwritten) will may, in some jurisdictions, invalidate the will. Best practice dictates notarizing a will only after the signer has consulted with their attorney, who has provided specific notarial wording and instructed the signer to proceed with notarization.
* **Documents Where the Notary is a Party:** A notary public is prohibited from notarizing any document in which they have a financial interest or are a party to the agreement. This prohibition extends to documents witnessing the notary’s own signature.