When people hear the word notary,” they often assume it refers to a type of certification or qualification. In everyday situations, a notary is usually associated with witnessing signatures and authenticating legal documents. However, the question remains does being a notary count as a certification? Understanding the legal, professional, and procedural nature of a notary can clarify this misconception. The answer is not as straightforward as it seems and depends on how the term “certification” is interpreted in context.
What Is a Notary?
A notary, or notary public, is a person authorized by the government to perform certain legal formalities. These typically include verifying the identity of individuals signing important documents, witnessing those signatures, and placing an official seal or stamp on the document to confirm its authenticity. The primary function of a notary is to prevent fraud and ensure that all parties involved in a transaction are entering into agreements willingly and knowingly.
Common Notary Duties
- Administering oaths and affirmations
- Witnessing signatures
- Taking affidavits and statutory declarations
- Verifying identity for legal documentation
- Certifying copies of official documents
Is Being a Notary Considered a Certification?
The role of a notary is often described using the language of certification, but legally speaking, being a notary is more accurately defined as a public office or a commissioned position rather than a certification in the traditional professional sense. When someone becomes a notary, they are not earning a certificate that represents mastery of a skill or completion of a course like one would with an IT certification or medical board certification. Instead, they are receiving authorization from the state or government to perform notarial acts.
Commission vs. Certification
To clarify the difference, it helps to understand two terms
- CommissionA formal appointment by a government authority granting a person the power to act in a certain official capacity.
- CertificationRecognition by a professional body that a person has met specific qualifications or passed an exam to demonstrate proficiency in a field.
In the case of a notary, the person is usually commissioned by a state government after meeting certain criteria, such as passing a background check or completing basic training. This commission gives them legal standing to perform their duties but is not considered a professional certification in the same way as, for example, becoming a certified public accountant or a certified project manager.
Requirements to Become a Notary
Becoming a notary is generally straightforward, but the specific requirements vary depending on the country or state. Most jurisdictions require applicants to be at least 18 years old, have no felony convictions, and be a legal resident. Some states or regions also require a training course or passing a notary exam.
Steps to Become a Notary in Most U.S. States
- Complete an application form
- Pay a state application fee
- Take a notary education course (if required)
- Pass a notary exam (in some states)
- Submit fingerprints or pass a background check
- Obtain a notary bond and seal
After completing these steps, the applicant receives a notary commission, which usually lasts for a term of four years, though this varies by state. Renewal requires following a similar process.
Why the Confusion Between Notary and Certification?
One reason many people confuse notary status with certification is because of the formal procedures involved in becoming a notary. The use of an official stamp or seal, recordkeeping, and state recognition gives the role a professional appearance that resembles a certification. Additionally, in many situations, notaries perform what are called “notarizations” which are often mistakenly interpreted as certified actions rather than verified or authenticated ones.
Examples of Misunderstanding
- Assuming a notarized document is the same as a certified document
- Believing a notary can offer legal advice or services
- Thinking notaries are equivalent to lawyers or paralegals
In reality, notaries are impartial witnesses and are legally prohibited from offering legal advice unless they are also licensed attorneys. Their function is to verify identity, willingness, and awareness not to certify the content or legality of a document.
Professional Certifications vs. Notary Commission
Professional certifications are usually earned after completing rigorous training and examinations and are recognized within a specific industry or occupation. Examples include certifications in cybersecurity, accounting, teaching, or project management. These credentials are often issued by private organizations, industry associations, or educational institutions.
In contrast, a notary commission is issued by a government body and is more akin to a license than a certification. It enables the individual to perform legal duties but does not indicate deep subject-matter expertise or ongoing professional development, as many certifications require.
International Variations in Notary Status
It’s important to note that the role and status of notaries vary significantly around the world. In the United States and Canada, notaries typically serve as public officials with limited legal functions. However, in many civil law countries such as France, Germany, and parts of Latin America, notaries are highly trained legal professionals who perform complex duties similar to those of lawyers.
In those countries, becoming a notary often does involve a formal certification process, legal education, and years of professional training. Therefore, whether a notary is considered a certification depends not only on terminology but also on the legal system of the country in question.
So, is notary a certification? In most common law jurisdictions like the United States, the answer is no. Being a notary is a government commission rather than a professional certification. It grants authority to perform legal formalities but does not reflect specialized expertise in a particular profession. While the responsibilities of a notary are important and require integrity and attention to detail, the title does not carry the same implications as a professional certification.
Understanding this distinction is crucial for both those looking to become a notary and individuals relying on notarial services. It helps set proper expectations and avoids confusion about the role, duties, and limitations of notaries in various legal systems.