Certain contracts, like those involving the sale of goods over a certain value, may require notarization. The Civil Code of the Philippines states that contracts that have a value of more than PHP 500 must be notarized to be enforceable.
In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a legal profession with educational requirements similar to those for attorneys.
As the legal landscape evolves, notaries continue to adapt, combining traditional practices with modern requirements to copyright trust and compliance. Whether dealing with real estate, power of attorney, or international documents, the involvement of a skilled notary is crucial for safeguarding the legitimacy and reliability of important agreements.
Notaries are generally required to undergo special training in the performance of their duties, often culminating in an examination and ongoing education/re-examination upon commission renewal. Some states have no training for their notaries public. Some must also first serve as an apprentice before being commissioned or licensed to practice their profession. In some countries, even licensed lawyers, e.g., barristers or solicitors, must follow a prescribed specialized course of study and be mentored for two years before being allowed to practice as a notary (e.g., British Columbia, England). However, notaries public in the U.S., of which the vast majority are lay people, require only a brief training seminar and are expressly forbidden to engage in any activities that could be construed as the unlicensed practice of law unless they are also qualified attorneys.
Many even have institutes of higher learning that offer degrees in notarial law. Therefore, despite their name, "notaries public" in these jurisdictions are in effect civil law notaries.
Also, the capacity of the parties to sign and execute the document will not be doubted, as the notary has checked this before the document was signed.
Various laws mandate notarization for specific documents. For example, the Family Code requires the notarization of prenuptial agreements or Estate Planning agreements between future spouses concerning their assets, so if one has already proposed marriage to another and wants their properties to be divided to a certain extent, they may execute a prenuptial agreement duly notarized, otherwise, such agreements will be invalid.
a notary identifies themselves on documents by the use of their individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the authenticity of a document.
presenting bills of exchange for acceptance and payment, noting and protesting bills in cases of dishonour and preparing acts of honour
e., the document is signed and notarized, including application of the Notary's seal). In cases where notaries are also lawyers, such a notary may also draft legal instruments known as notarial acts or deeds which have probative value and executory force, as they do in civil law jurisdictions. Originals or secondary originals are then filed and stored in the notary's archives, or protocol. As noted, lay notaries public in the U.S. are forbidden to advise signers as to which type of act suits the signer's situation: instead, the signer must provide the certificate/wording that is appropriate.
In Ireland notaries public cannot agree on a standard fee due to competition law. In practice the price per signature appears to be €cem.
Notary Signing Agent (NSA): Notary with a traditional commission who has also passed a background screening to comply with industry standards and handle loan signings.
Commissioners of oaths are able to undertake the bulk of routine domestic attestation work within the UK. Many documents, including signatures for normal property transactions, do not need professional attestation of signature at all, a lay witness being sufficient.
During the initial consultation, the notary discusses the specific needs of the client. This stage covers the type of documents requiring notarization and clarifies any questions the client has regarding the process. Notaries assess the necessary identification documents to confirm the signer’s identity.