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Definition

Notary

An official authorised to witness signatures and certify documents so they can be trusted by others.

In Depth

At its simplest, a notary is a neutral third party who checks who you are, watches you sign, and then adds their own stamp and signature to confirm it happened properly. That extra layer is what makes a document harder to forge and easier to rely on, especially when it will be used somewhere far from where it was signed. How much power a notary actually holds is where things get interesting, because it depends enormously on the country.

This term varies more by region than almost any other in the glossary, because it splits along the common-law and civil-law divide. In the US a notary public is a state-appointed official whose job is mainly to verify identity and witness signatures; the role is common, quick, and administrative. In England and Wales a notary is a specialist lawyer, fairly rare, appointed and regulated by the Faculty Office of the Archbishop of Canterbury, and used mostly for documents heading abroad. In most EU countries a civil-law notary is something much bigger: a public officer who drafts and issues "authentic instruments" that carry higher legal force than ordinary contracts and can even be enforced without going to court. Worth noting that notaries do not exist in every EU member state.

Sources

  1. US: Notary information (Ohio Secretary of State)  - A notary public is an individual commissioned by the Ohio Secretary of State to serve as an impartial witness for legally significant documents.
    Official Guidance ohiosos.gov/notary/information
  2. UK: Our Responsibilities (The Faculty Office, regulator for England and Wales)  - he principal role of a notary in England and Wales is to attest the authenticity of deeds and other legal documents for use abroad.
  3. EU: Notaries (European e-Justice Portal, European Commission)  - The essential mission of notaries is to confer authenticity on the legal instruments and contracts they establish for their clients.