What Does Notarization Mean?
Notarization is a legal function performed by a notary public. It’s a way of confirming something is authentic.
Imagine you are asked to provide information for a government application, or evidence for a court matter, or copies of important documents to someone. How does the person you give these documents to know they are valid, or that the information in them is true?
You go through a process of having these documents verified by a notary public. This process is often called “notarizing” a document.
Depending on the situation, a notarization might involve putting a client under oath, helping them make a declaration, or certifying facts to be true. Essentially, notarization gives a document legal credibility, so it can be used as evidence or relied upon by others.
When You Need a Notary
Not everything needs to be notarized. Most documents requiring notarization will clearly set out what kind of notarization work is required. If your document isn’t set up for us to provide a notarial function, we likely won’t sign it.
Here are some examples of types of notarizations we can do for you:
- A sworn affidavit requires you to swear under oath that the contents are true.
- A statutory declaration involves affirming specific statements as accurate.
- A certified true copy confirms that a copy matches the original document.
When you DON’T need a notary
Many people want you to have your document notarized to make the document more “legal”. But just because someone tells you you need to notarize your document doesn’t actually give your notary any right to get involved.
Here are some examples of types of notarizations which we WILL NOT do for you:
- general letters
- promissory notes
- acting as a general witness to a document
If you simply need a witness for your signature and there’s no notarial function involved (no oath, declaration, or certification), you might not actually need a notary, even if someone says you do. Any impartial adult could serve as a witness.
Knowing What You Need
When someone requests that you notarize a document, they should provide specific instructions about what type of notarization is required. For example:
- Do they want you to make a sworn statement?
- Is a certified true copy necessary?
- Does the document require a seal or specific wording?
If you walk into a notary’s office without clear instructions, it’s like walking into a restaurant and asking for “food.” Your server wouldn’t know if you want pasta, a sandwich, or a salad. Similarly, we need to know the exact notarial function you require.
Questions You’ll Be Asked
To help ensure your document meets legal requirements, we’ll ask questions—just like a waiter might ask if you’re vegan or have food allergies. These questions ensure we fully understand what needs to happen with your document.
Some questions we might ask include:
- who made this document?
- where is this document going?
- how will it be used when it gets there?
- who is requiring the notarization?
- why did they want it to be notarized?
- what specific instructions have they provided?
Why specifics matter when it comes to notarizations
Different notarizations require different things. It’s important to know the purpose of your notarized document and the expectations of the organization or individual requiring it. If we sign the document incorrectly, that can invalidate it or make it unusable.
For example:
- a sworn affidavit meant for court proceedings must meet the formatting and style parameters set by the court
- documents used for tribunals or other government processes might need certain language, or formatting
- a statutory declaration must use the proper language set out in the Evidence Act of BC
- a certified true copy may need certain language included on the copy of the document
In summary, notarization is about ensuring that legal documents meet specific requirements. By knowing what you need and sharing that information with us, we can help you complete your notarization efficiently and accurately.
Notarization v. Authentication
It’s possible that once your document has been notarized it might also need to be authenticated.
While notarization is the process of having a notary validate your statements or documents, authentication is the process of having the government confirm that your notary is in fact a notary (and not some random human off the street pretending to be a notary!).
Here is information on the authentication process from the BC Government. You can work through the authentication process yourself, or hire us to do it for you.
Contact us for more information!