A notary public is considered a public officer appointed by a state government. The primary job duty of a notary is to help prevent fraud by witnessing the signing of documents and verifying their authenticity. However, beyond these universal job duties that every notary public performs, some lesser-known duties are also performed by notaries.
One official duty of a notary public is to administer oaths and affirmations, which are pledges on a person's honor stating that he is telling the truth and can be held legally accountable for providing false information. Under the law, a person who takes an oath that's later found to contain untrue statements can be penalized for perjury. Oaths are commonly administered during court proceedings and when swearing in public officials for their new role.
Taking Depositions and Affidavits
Depositions and affidavits are the written testimony, or statement of facts, taken by a witness under oath. In most states, it's considered legal to use depositions and affidavits in lieu of live testimony in a courtroom when the witness is unavailable to physically testify. However, because taking depositions and affidavits are a technical skill that requires the use of stenography equipment, only specialized notaries perform these tasks. In addition, attorneys are usually always present during the proceedings.
Maintaining Proper Records
Each state has its own laws regarding which records a notary public must keep. Typically, some type of record book must be maintained on each transaction, and the contents of this book must be open for public record. For example, Texas requires each notary public to detail the date of each item notarized, the date the item was notarized, the name and address of the signer, the means by which the notary verified the signer's identity, whether the notary personally knows the signer, the name and address of the grantee, the name of the original grantee if land is changing hands, and a brief description of what's being notarized.
Performing Marriage Ceremonies
Notaries public that service Florida, Maine or South Carolina residents are legally authorized to perform marriage ceremonies. All other states do not allow this practice. In order for a notary to marry a couple in one of these states, a marriage license from an authorized official of the same state must first be obtained. The marriage ceremony itself must also be conducted in the same state. Therefore, a notary public in Florida isn't able to marry a couple who obtained a marriage license from Maine or South Carolina.
- Logan County Common Pleas Court: A Guidebook for Notaries Public
- National Notary Association: Administer an Oath or Affirmation
- Texas Secretary of State: Notary Public Educational Information
- Education Portal: Notary Public: Job Description and Education Requirements
- NALS: Notary Public Legal Responsibility and Liability
- Trusted Notary Services: What Are Notary Public Job Duties?
- South Carolina Secretary of State: South Carolina Notary Public Reference Manual
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