Notary Public
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Definition
March 4, 2024 - A notary public in boating terms is an individual appointed by a state, federal or foreign agency that authenticates signatures and attestations related to boating transactions. The act of doing so is known as a notarization. Also referred to as a notary, such person must adhere to strict rules and regulations with respect to their services.
Context
Boaters are often involved in applications or transactions wherein a personal signature is required on the respective forms and documents. If such items are consequential, they will typically require a notarization as performed by a qualified notary public. This provides assurance that the signer or signers are actually the individuals therein represented.
Regulations
Although generally uniform within the United States, notarial regulatory provisions may vary somewhat within various jurisdictions. In most cases, this usually applies to the format of an acknowledgement. It is a standard requirement, however, that the respective documents or affirmations must be executed in the presence of the notary public whether in person or electronically. In doing so, a signer must provide sufficient evidence to establish his or her true identity and demonstrate presence of mind. Failure to enforce notarial duties according to law may cause sever damage for the parties and result in sanctions for the notary.
Electronic Notarizations
In the past, boating document signers and affiants were required to physically appear in person before a notary public. Given the advent of internet or remote online video capabilities, most states are now allowing what are called a Remote Online Notarizations (RON).
Acknowledgements - Jurats
An acknowledgement is a written statement or certification given by the notary which contains his or her identification, specifies the notarization date and jurisdiction in which the signatures took place. It will also contain an affirmation of personal appearance by the signer. Although notaries are not required to scrutinize or certify the contents of a particular document, they may refuse signature services if something appears to be obviously fraudulent or the signer appears incoherent. Notarization does not otherwise certify contextual intent or accuracy of the subject document.
A jurat differs from a regular acknowledgement in that it involves sworn testimony in addition to a signature verification. The notary must affirm that the sworn statement was given in person and upon the affiants free will.
Acknowledgements or jurats may be incorporated into the actual document itself or included as an attachment. Although wording requirements may vary somewhat among jurisdictions, the intent and meaning are the same.
Apostilles - Blue Ribbons
Certain parties or agencies may require a governmental certification about the notary itself before accepting an acknowledgement or jurat. This is especially prevalent among different foreign countries. More information about such requirements may be found in WikiTags.
Finding a Notary
Notary listings can be found in the private sector through online internet searches. You may even find those willing to provide house calls at your location. Banks, attorneys and most professional offices also maintain notaries on staff. Government officials and consulates are usually authorized to provide notary services. Although notary fees are statutorily minimal, many providers will offer these as courtesy or ancillary services at no cost.
Conclusion
Although it may seem as a nuisance factor for some boaters, notaries do provide a vital role when it comes to both national and foreign commerce. With regard to fraud prevention, the value of their services cannot be understated.
Credits and References
March 4, 2024 - Page revised.
