Saturday, August 28, 2010

What Are The Requirements To Become A Notary Public?

By Kurt Gross
A Notary Public is considered a public official. Their powers and duties are defined by State statute. A Notary Public, aka "Notary", has the power, according to the State of Tennessee, to "administer oaths, take depositions, qualify parties to bills in chancery, and take affidavits".

A Notary can take acknowledgments and certify the probate or acknowledgment of instruments but a Notary Public is NOT allowed to create documents. It's my understanding that this would be practicing law without a license.

When you see statements like "A Notary is authorized to do formal protests of negotiable instruments", you need to read that like this - Notarys cannot create documents or add words to them. That's the job of an attorney.

Having been a Notary Public and Certified Mobile Signing Agent for over 7 years, I feel the best layman's definition of a "Notary" is someone who verifies a person(s) identity and witnesses (or acknowledges) the signature of a document.

The first step toward becoming a Notary Public is for you to go to your local county clerks office in the county where you legally reside and pick up an application form. In most counties, you have the option to go online to obtain an application. You can search online for a term such as 'your county' and the term 'notary public' to find more details.

The cost is $19 and the period of your commission is four years. You must be at least 18 years old and be a legal US citizen. You must also reside in the county where you are commissioned, have no criminal record, not be a member of the Armed Forces or a legislator of the State or Nation and you cannot owe any government agency any money.

That may sound like a lot, but it's basic stuff for the average, lawabiding U.S. Citizen. Contact your local county clerk for more specific details.

I hope this helps. My main point is to let you know that it's normally a one hour task of work to apply for and receive your Notary Public Commission.

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