Notarial practice Essay Example | Topics and Well Written Essays - 2250 words

Notarial practice - Es give voice ExampleThus, the Attorney General of Hawaii, which oversees the notarial practice in that state, strongly warns notaries against performing the notarial act unless they argon absolutely satisfied that the papers they are certifying is true and correct. This calls for the trained eye of a newspaper editor who is ardent to spot grammatical errors, misspelled names and places and reports initiated by PR hacks. If such inaccuracies slip through the editors attention, he and his newspaper will have a price to pay. The consequences are worse for a notary who mistakenly validates or notarizes an untruthful and incomplete muniment.Once the roll up for certification is determined to be above board, the adjacent logical step for the notary is to ascertain the identity, authenticity and will of the person who will sign the document. The cardinal rule in notarial practice is that the documents signatory essential appear in person before the notary. The la w is quite equivocal in this regard. In the US state of Maryland, for example, its Secretary of State expressly forbids the notarization of the pinch of a person who has not appeared before the notary.If the notary has personal knowledge of the signer, this makes his job a lot easier. In such a case, his personal warrantee of the identity and authenticity of the person is embodied in the notarial clause that says John Doe is known to me to be the person described in and who executed the foregoing instrument. If the notary has no personal knowledge of the signer, it is his responsibility to check the persons identity. The law is so stern about this identification process that it is not enough that the signatory to the document is known to the notary personally or makes an appearance before the notary. Common sense dictates that you cannot always trust the intentions of even people of your acquaintance. They may be what they say they are, or sign the document in the presence of the notary, but are they entering into the notarial act on their own free will Dont they harbor any psychogenic reservations about the document It is the responsibility of the notary to find this out. On the effort to determine the identity of the person involved, it behooves the notary to double check the persons identity through a competent evidence of identity. This refers to a valid identification document issued by a legally constituted establishment or agency bearing the rupture and signature of the individual. (Supreme Court of the Philippines) An evidence of identity that could satisfy a notary is a drivers license, a passport, a social security card or a voters ID. But in the notarial imperative, even these documents do not by themselves constitute a complete and competent evidence of identity. The possibility always exists that the identification document being presented to a notary may be forged or adulterated. It takes an expert eye nowadays to detect the difference betwee n an authentic document and a well-executed forgery. So to be absolutely sure, a good notary seeks a match between the picture in the identification document and the true appearance of his client, and between the signature in the ID and the signature the person executes in the