What Is A Notary Public?

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A Notary Public is a person of integrity, appointed by the state, to act as an impartial witness to the signing of documents. The main function of the notary is to witness a legal proceeding so that the courts and other interested parties can be certain that the person signing a document knows what is being signed, is able to understand the action taken, and is in fact the person whose signature is on the document.

In the old Roman Republic, notarii were public secretaries who were shorthand writers. As scribes became more and more common, they developed a service in the public marketplace to draw up legal documents and other written instruments. Wax seals were used as signatures on documents. Later, ribbons tied together multi-page documents, and wax seals on the knots showed that no one had tampered with the knots. Thus, we came to have notary seals.

Eventually, the state came to regulate and commission these scribes. Witnesses to the drafting of their documents came to be required. As notarii became essential to commerce and law, royalty found the need to commission and employ them for drawing up and countersigning documents. By the Middle Ages, notaries had to undergo formal training and examinations. Gradually, the government took over sole appointment of notaries, giving them public officer status.

The Three Components of a Notary Public

Proven Integrity

Impartial Witness

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Officer of the State

Proven Integrity. The main function of a notary is to witness a legal proceeding. They screen the signer of an important document for their true identity, their willingness to sign without duress and intimidation, and their awareness of the contents of the document. That's why a notary public must have a proven record of integrity and trustworthiness.

Impariality is important when witnessing a document signing. This means the Notary Public has no financial interest or other direct benefit in the transaction (the fee to notarize is not considered direct beneficial interest). The Notary Public should not be related to the signer, nor should the Notary or their spouse be named in the document. Being impartial also means not refusing to serve a person based on race, nationallity, religion, sexual orientation, etc...

Officer of the State. A notary public is commissioned by the state and acts as an officer of the state. Because the office is ministerial (not regulatory or judicial), the duties of the office are restricted to certain prescribed acts of limited scope.

How To Become An Oregon Notary Public

Click here to learn what it takes to become an Oregon Notary Public

The Three Components of a Notary Public

How To Become An Oregon Notary Public

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