Few public functionaries are more misunderstood than the notary public. The general impressions held by a large percentage of the population grossly over-state the legal effect of the Notary.
As an insurance agent in the 1970s, I had a similar impression. My education differently was prompted by a circumstance with one of my insurance clients. This man had a business which made stamps, embossers, and signs. After attending a trade convention in Oklahoma, he asked me if I could write a notary public bond. I asked, “why?” He told me that a guy in Oklahoma, in the same business as he, was mailing to new notaries, offering to provide not only their official seal, but a surety bond as well. I determined that I could write such a bond, and secured a company with which to do so. I then proceeded to research the Notary Public Commission.
I learned that, in Mississippi, Notaries are “commissioned” for four years by the Secretary of State, and that they must file a $5,000 surety bond to complete the process. Requirements are minimal – Mississippi resident, and not a felon. More significant was the revelation that notaries were, simply, “registered witnesses.” Their “official authority” is essentially certifying that a person 1) Is who a document requires them to be, 2) That they appeared in person, 3) On the stated date, 4) the Notary Public, and 5) Signed the document, or vowed the oath in the Notary’s presence. Major point: Notarization does not legalize an otherwise illegal document.
Having learned that notaries must renew every four years, and the Secretary of State had specific information on those coming up for renewal, Stegall Notary Service was created, and continues to this day, offering one-stop notary public commissioning.
Of additional note is the fact that notary functions vary from state to state. For instance, in Arkansas, notaries are appointed for a term of 10 years. In Louisiana, the terms are for life.
So, hopefully, this writing will remove a good deal of the perceived mystery about notaries public.
Earl Stegall is a Ridgeland resident.
