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Definition

Notarized

Describes a document that a notary has formally checked and certified, usually by confirming the signer's identity and witnessing the signature.

In Depth

When something is notarized, a notary has done their part and left proof of it, typically a stamp or seal, their signature, and a short certificate. In the everyday US and UK sense, notarizing does not mean the notary approves of what the document says or gives legal advice about it. They are confirming that the right person signed, willingly, and that the signing genuinely took place. This is what gives banks, courts, and foreign authorities confidence in the paper in front of them.

The weight of "notarized" shifts with the notary behind it, so the same word implies different things by region. In the US, notarization is usually an acknowledgment or a jurat: identity checked, signature witnessed, seal applied, nothing more. In the UK it works similarly and is most often needed for documents going overseas. In much of the EU, a document notarized by a civil-law notary becomes an authentic instrument with stronger evidential value and direct enforceability, which is a far higher bar than the common-law version. Because of these differences, a document notarized in one country often needs an extra step, such as an apostille, to be accepted in another.

Sources

  1. US: Notarial acts and acknowledgments (American Society of Notaries)  - An acknowledgment is a notarial act in which a person confirms to a notary public that the person signed a particular document of their own free will, and that they did so with knowledge of the contents and effects of the document.
    Official Guidance asnnotary.org/index.php
  2. UK: Our Responsibilities (The Faculty Office, regulator for England and Wales)  - If documents have been attested by a notary it means that courts and other bodies abroad can accept them without having to make any further checks themselves.
  3. EU: Authentic Instruments (Council of the Notariats of the European Union)  - Unlike private agreements, it has a higher probative value and is binding on judges, the administration and third parties ... it is enforceable.