Does My Business Need A Notary?
by David Ross
March 11, 2019
The short answer is no, you are not legally required to have most business documents notarized. No matter what most online forums, message boards or search engines may tell you.
Why Would I Get Something Notarized If Not Legally Required?
Protection and peace of mind. Below is an excerpt from the Federal Rules of Evidence:
Rule 902. Evidence That Is Self-Authenticating
The following items of evidence are self-authenticating; they require
no extrinsic evidence of authenticity in order to be admitted:
(1) Domestic Public Documents That Are Sealed and Signed. A
document that bears:
(A) a seal purporting to be that of the United States; any
state, district, commonwealth, territory, or insular possession
of the United States; the former Panama Canal Zone;
the Trust Territory of the Pacific Islands; a political subdivision
of any of these entities; or a department, agency,
or officer of any entity named above; and
(B) a signature purporting to be an execution or attestation.
(2) Domestic Public Documents That Are Not Sealed but Are
Signed and Certified. A document that bears no seal if:
(A) it bears the signature of an officer or employee of an
entity named in Rule 902(1)(A); and
(B) another public officer who has a seal and official duties
within that same entity certifies under seal—or its
equivalent—that the signer has the official capacity and
that the signature is genuine.(8) Acknowledged Documents. A document accompanied by a
certificate of acknowledgment that is lawfully executed by a
Notary Public or another officer who is authorized to take acknowledgments.
All Federal Courts and most County and State courts allow notarized documents to be recognized as authentic in the event of legal action, without having to go through a lengthy process to authenticate the documents/forms.
What Does It Actually Mean To Me?
What this means for your business is that in the event someone signs a contract or agreement with your company, then attempts to rescind it later (or attempt to sue you), you have proof they were of sound mind and signed willingly (as long as the Notary did their duties properly).
This can definitely bring peace of mind to business owners, vendors, and employees alike. I know it would make me feel more confident knowing that my investments are protected by the simple process of getting them notarized in the beginning.
Let Appalachian Notary Services be there to help protect your business. Give us a call today!!
Until next time, stay safe and enjoy life!
In a real estate transaction, there are A LOT of moving pieces! You have the borrower(s), real estate agent/realtor, a financial lender (bank/credit union) for most of America, the title company, and Notary Signing Agent. We are going to dive right in and explain the rights and responsibilities of each of these individuals.
Yes, there is. Simply put, they have no skin in the game. They don’t care one way or another if Client 1 and Client 2 are friends, enemies, or otherwise. They are simply at the venue to ensure that all parties involved are who they claim to be, everyone understands the general idea of what they are agreeing to (in writing), and no one feels pressured or intimidated to sign/initial the documents before them.
Let’s face it…everyone needs something notarized at some point during their lives. Anything from field trip permission forms, college documents, purchase of a vehicle, business transactions, etc. (You get the point by now).