Donna M. Anderson
Visitors Information Center

Call 276-8641 for an appointment.

Notary Public is offered as a courtesy service by Public Safety to the Rensselaer community, by appointment only.

What is a Notary Public?
A responsible person appointed by state government to witness the signing of important documents and administer oaths.

Why are documents notarized?
To deter fraud. An impartial witness (the Notary) ensures that the signers of documents are who they say they are and not imposters. The Notary makes sure that signers have entered into agreements knowingly and willingly.

May any document be notarized?
It is a completely meaningless act for a Notary to merely stamp and sign any document. This would not constitute a valid and legal notarization. For a document to be notarized, it must contain:

1. Text committing the signer in some way;
2. An original signature (not a photocopy) of the document signer;
3. A notarial “certificate” which may appear on the document itself or on an attachment.

Every notarization requires certificate wording to indicate exactly what the Notary is certifying. If there is no certificate wording preprinted at the end of your document, you must find out the required wording from the office that issued the document, or the office where it is to be filed.

The Notary fills in the certificate, signs it,and then applies his or her seal to complete the notarization.

Is notarization required by law?
For many documents, yes. Certain affidavits, real estate deeds and other documents may not be legally binding unless they are properly notarized.

Does notarization mean that a document is “true” or “legal”?
No. Notaries are not responsible for the accuracy or legality of documents they notarize. Notaries certify the identity of signers. The signers are responsible for the content of the document.

May a Notary give legal advice or draft legal documents?
Absolutely not. A Notary is forbidden from preparing legal documents for others or acting as a legal advisor unless he or she is also an attorney. Violators can be fined or jailed for unauthorized practice of law.

Answering harmless questions like, “What does this mean?” could cause legal issues for the Notary. A Notary is only authorized to review the document for blank spaces, identify the document’s signer, give an oath (if required), make a journal record of the notarization, ascertain your willingness and competence to sign, and fill out the Notary certificate at the end of the document.

Foreign Language Documents?
If a document is presented to a Notary and it is written in a foreign language, the Notary needs to refer the person to the appropriate foreign consulate office unless the Notary is fluent in the language in the document.

Certify a Translation?
Notaries in the United States are not authorized to certify translations, even if they are fluent in a particular foreign language. A Notary may notarize the signature of another person on a translator’s declaration. Such declaration would state the translator’s qualifications and that the translation is accurate to the best of the translator’s knowledge and belief. The translator must provide the exact wording for any translator’s declaration.

Use an Interpreter?
A notary must be able to communicate directly with any document signer or oath taker. Therefore it is necessary that the Notary and document signer speak a common language and not use an interpreter. Without direct questioning of a signer, a Notary could not be sure of that person’s intent to sign a particular document. And without direct communication, the Notary could not administer any required oath, since oaths can’t be given through a third party.

Notarize Copies?
New York State prohibits Notaries from certifying copies of all or most documents. Only a custodian of specific records can properly certify an original or copy (i.e., birth certificate, passport).

Patents or Copyrights?
You cannot secure a patent or copyright or protect your ownership of an idea merely by visiting a Notary. There are precise and often complicated statutory rules that must be followed.

Notarize a Photograph?
Notaries do not have the authority to notarize or certify photographs. It cannot be lawfully done.

Help with Immigration?
A Notary Public of the United States cannot give any advice about immigration documents.

Incomplete Document?
It is illegal to notarize an incomplete document in several states. Complete your document first. Telephone to get needed information. If certain spaces do not apply, put a line through and initial them or write “N/A” (Not Applicable) in the blank. Then the Notary can notarize the document.

Absent Signer?
A Notary needs to personally screen each signer for identity, willingness and competence. The document signer must appear face to face before the Notary at the time of notarization - not before, not later. It is a criminal act to persuade the Notary to violate this rule.

See Only Signature Page?
The Notary has a right to hold and quickly scan your document so that it may be accurately described in the public record for your own protection. The Notary will ascertain certain particulars such as its title, its date, the name(s) of the signer(s), and whether it contains any incomplete spaces.

Notarize without ID?
Notaries identify signers in one of three ways:

1. Their own personal knowledge of the signer’s identity; or
2. The sworn word of a personally known third party (a credible witness); or
3. Reliable identification documents or ID cards.

Reliable ID’s must be current, government-issued and have a photograph, signature and physical description (height, hair color, etc.) of the signer. Cards such as state driver’s and non driver’s IDs, military IDs and passports are acceptable.

Uncertain Competence?
Competence is the basic ability to understand what is going on around oneself so as to be able to handle one’s own personal legal affairs. A signer must respond coherently to a Notary’s questions. If a signer is unable to do so, then there is doubt about the person’s competence and the Notary has no choice but to refuse to notarize. In addition, the signer must be able to make a signature or a mark (an “X”) without assistance.