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What is a notary authorized to do?
A notary public can administer oaths and take proof of execution and acknowledgments of instruments.
As such, a notary will not:
- Provide legal advice or attempt to explain what a law means
- Proceed with a notarization if the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification, such as a driver’s license or passport
- Offer an opinion about the legality or effect of a document
- Draft a document for signers or assist them in creating one
- Recommend the type of notarization required
- Backdate or forward date a notarization
- Fill in information on a document on the signer’s behalf
- Sign and seal a blank notarial certificate
What is an acknowledgement?
An acknowledgment authenticates a signature and proves that the signer personally appeared before a notary; the notary identified the signer; and the signature on the document matches the signature on the identification which the signer presented to the notary and to the signature in the notary’s journal.
For an acknowledgment, the notary only has to verify the signature on the document is that of the signer. The notary does not have to watch the signature being made.
What is a jurat and can you explain this oath?
A jurat authenticates a signature made under oath or affirmation. A jurat proves that the signer personally appeared before the notary; the signer was positively identified by the notary; the notary placed the signer under oath; and the notary watched the signature being made.
In a jurat, the notary does have to see the signer sign the document and the notary must place the signer under oath before the signer signs the document.
The oath of testimony is used to swear a person to the truthfulness of his/her statement (written or oral). The oath is familiar: “Do you swear or affirm to tell (or write) the truth, the whole truth and nothing but the truth?” Depositions, affidavits, hearings and government documents are common occasions for the use of the oath of testimony.
Do I need to show you some ID to complete our transaction?
In most cases, yes, I will need to see some ID from you. Acceptable forms include:
- A non-expired passport, driver’s license, or government-issued ID card
- Another form of government-issued ID that contains a signature and a photograph, which I find satisfactory
If neither of the above criteria can be met, verification on oath or affirmation of a credible witness personally appearing before me and whom I can identify by one of the forms above is an acceptable alternative.
Who has to meet with you to sign the paperwork?
I only need to meet with the individual(s) making the statement or executing the signature.
Can you refuse to notarize something?
Yes, if I’m not satisfied that:
- the person executing the record is competent or has the capacity to execute the record; or
- the person’s signature is knowingly and voluntarily made
A notary may also refuse to perform a notarial act unless refusal is prohibited by law other than KRS 423.300 to 423.455.
Please note that I will not refuse a notarization based on race, color, religion, sex, national origin, sexual orientation, gender identity or expression, ancestry, age, pregnancy or related medical condition, marital or familial status, disability, veteran status, political affiliation, or genetic information. Furthermore, I will not refuse to notarize documents that contain content that may be considered controversial or that may conflict with my personal beliefs.
What happens if I can't sign the paperwork myself?
If you’re physically unable to sign the document yourself, you may direct another person – other than the notary – to sign your name on the record by proxy. This also requires two additional signatures of witnesses, one of whom can be the person signing by proxy, as long as both witnesses are unaffected by the record being signed.
What are some documents that a notary public can sign?
- Mortgage closing documents
- Property deeds
- Loan documents
- Some types of credit or loan documents
Legal Documents
- Wills
- Trusts
- Advanced directives
- Executorships
- Custody and guardianship agreements
- Power of attorney
- Court documents
- Vehicle title transfers
Business Documents
- Articles of incorporation
- Memorandum of understanding
- Vendor contracts
- Commercial leases
- Employment contracts
- Construction and loan agreements
Are you able to travel to me or do I have to come to Lexington?
Yes, I can travel to you! We can meet at an agreed upon public venue in your local county, at your home in some instances or you can visit me in the Lexington area.
I need something notarized fast. What's your availability?
In most cases, I’m available for same-day or next-day service depending on my scheduled appointments for the day. The best way to confirm my time is by booking an appointment through the site. Alternatively, you may also email me to inquire about my availability at dennis@bluegrasskynotary.com.
I strive to reply to all inquiries within 2 hours, but response times will depend on if I’m currently traveling to/from an appointment and if I have cellular data service in the area in which I’m traveling.
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