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Concept
Notary
Summary
A notary is a person authorised to perform acts in legal affairs, in particular witnessing signatures on documents. The form that the notarial profession takes varies with local legal systems.
A notary, while a legal professional, is distinct from an advocate in that they do not represent the person who engages their services, or act in contentious matters.
The Worshipful Company of Scriveners use an old English term for a notary, and are an association of notaries practising in central London since 1373.
Documents are notarized to deter fraud and to ensure they are properly executed. An impartial witness (the notary) identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly. Loan documents including deeds, affidavits, contracts, and powers of attorney are very common documents needing notarization.
Code of Hammurabi Law 122 (c. 1755–1750 BCE) stipulated that a depositor of gold, silver, or other chattel/movable property for safekeeping must present all articles and a signed contract of bailment to a notary before depositing the articles with a banker, and Law 123 stipulated that a banker was discharged of any liability from a contract of bailment if the notary denied the existence of the contract. Law 124 stipulated that a depositor with a notarized contract of bailment was entitled to redeem the entire value of their deposit.
To "notarize" a document or event is not a term of art, and its definition varies from place to place; but it generally means the performance by a notary of a series of possible steps, which may include the following (not an exhaustive list):
Identifying the person appearing before the notary through personal acquaintance or by reference to significant proofs of identity including passport, driving license, etc.
Where land titles are involved or significant rights may accrue by reference to the identity, signatures may also be verified, recorded and compared.
Recording the proof of identity in the notarial register or protocol.
Official source
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