By Simran Kaur, Flywork.io Team, Flywork.io.
The popular term "notarization" is sometimes used to refer to "notarial activities." A notary public performs a three-part process that includes vetting, certifying, and keeping records. It is essentially the official process of preventing fraud and assuring the parties involved in the transaction that the notarized document is authentic. Notarization is usually necessary for documents used in banking transactions or court documents.
A notary public is a person who acts as an unbiased witness in the discharge of fraud deterrent activities relating to legal papers in India. The Notaries Act of 1952 governs a notary public's responsibilities. Certifying, attesting, or authenticating any instrument and performing and certifying legal document translations from one language to another are some of them. He can administer oaths to deponents and witnesses swearing for affidavits. A notary can also serve as a mediator.
WHO HAS THE AUTHORITY TO NOTARIZE?
In India, a practicing lawyer with at least ten years of experience (seven years for SC, ST, and women candidates) can become a notary public. A person who has served in the judicial services or has held a post in the state or central government that requires a specific understanding of the law is also eligible to become a notary public.
THE SIGNIFICANCE OF NOTARIZATION
A notarized document serves as proof that you are the one who signed it. As a result, the main objective of notarizing a document is to prevent document fraud and/or identity theft by preventing the presentation of a counterfeit document. A notarized letter certified by a notary public also aids in the protection of citizens' rights who could otherwise be exploited, as well as the avoidance of many court actions if the document of a transaction is certified by a notary.
DIFFERENT TYPES OF NOTARIAL ACTS
- Acknowledgments – Acknowledgements are typically necessary for valuable asset documents. Deeds and mortgages are two examples.
- Jurats – A jurat must be signed by the signer by appearing personally before the court. By signing a jurat, the signer certifies that the documents' contents are correct.
Use of a verbal oath or affirmation can also be used to compel a client to tell the truth. Oral affirmations and oaths are used.
Copy certification may be required for diplomas, driver's licenses, medical records, and bills of sale. A copy certification verifies the accuracy of a copy of an original document.
THE ADVANTAGES OF HAVING A DOCUMENT NOTARIZED
Notarization is not required for all legal documents, although it is required in specific circumstances. Because if you do not notarize the documents that need to be notarized, their legal validity may be called into question, potentially leading to their rejection in court.
According to Rule 12 of the Notary Rules of 1956, a notary seal should be 5 cm in length and used for document verification. The seal verifies the fact that the people signing the documents are who they say they are.
It also aids in the prevention of forgery and fraud in legal documents.
The presence of a notary seal on any document assures the court that the signatures on the document are authentic and not forged.
DOCUMENTS THAT MUST BE NOTARIZED IN GENERAL INCLUDE:
1. A completed Notarization/Attestation Application Form;
2. Legal documents (original and copies),
3. A signed covering letter stating the purpose of the attestation and a list of the commercial attestation documents from the applicant's company;
4. If the attestation is for civil purposes, a signed covering letter with the attestation purpose and a list of the attestation documents from the applicant himself/herself is required.
5. For civil attestation purposes, the original and photocopy of the applicant's passport, as well as the agent's passport are required.
A notary public is appointed by the state or federal government to perform notarization. He has the power to administer oaths and receive affidavits from anyone.
Thus, documents are notarized to ensure their authenticity, avoid fraud and ensure that they are properly executed. The Notary is regarded as an unbiased witness who verifies signers and confirms that they have entered into agreements willingly and knowingly. In a nutshell, its goal is to determine whether everything on the document is authentic and genuine.