Modern-day transactions often become too complex, leading to fraud and hoaxes. Therefore, there is a rising demand to get the details and the supporting documents of the transactions verified. With the availability of mobile notary services, one can get their documents easily notarized on the go. However, if you ever come across a need to get the attestation done for your documents, you should know that notarization and attestation are entirely two different things.
In this article, we have outlined what notarization and attestation are. Furthermore, we discuss in detail the differences between them.
What is Notarization?
Notarization is a process of assuring that a particular document is authentic, that it carries a genuine signature, and that the signer intends to be bound by its terms and conditions.
Notarization can be performed only by a Notary Public. The entire notarization process has three crucial parts, viz., vetting the documents, certifying them, and recording the details of the notarization.
With the advent of technology, one can get a document notarized on the go by availing of a mobile notary service in their area.
What is Attestation?
Attestation is a process where a witness verifies that a document was signed in their presence. Any person who has attained the age of eighteen can perform attestation. It can be done only by a neutral third party. Thus, if a notary signing agent attests to a document, then they cannot notarize the same document.
Difference between Notarization and Attestation
The subtle differences between notarization and attestation are elaborated in detail below.
Notarization can be done only by authorized notary public officers or notary signing agents. To become a notary public or notary signing agent, one must have the required legal qualification, experience, and understanding of the subject matter.
Also, a notary must register with the state authorities for a license of practice to offer their notary services. Further, a notary has to follow the protocols and procedures of the state regulations while performing their notarial duties.
In contrast, anyone who has attained the age of eighteen and is not a party to the transaction can be a witness to it. Only such a legal witness can attest to a document.
Notarization includes following three specific processes laid down by the law – vetting the documents, certifying the signatures, and keeping a record of the notarial acts.
Attestation only means that a transaction has occurred in the witness of the person attesting the document. There is no legal requirement to keep a record of attestation on the part of the witness.
When a notary public notarizes a document, they only vet that it contains the correct signature of the signer. A notary only authenticates the signature of the document holder and not the entire document.
A notary public is generally not responsible for the authenticity of the document itself but is entirely responsible for the authenticity of the signature of the signer.
An attestor is a mere witness to the transaction. It indicates that the transaction has taken place in their presence. Thus, an attestor’s signature acts as the witness to the transaction. A notary public can verify and attest the signature of the witnesses.
A notary public will have to put their seal and stamp on the document they are notarizing. If the legal requirement of a state is that a document notarized must contain the seal of the notary agent, and if it does not have the notary agent’s seal and stamp, then such a notarization will be held invalid.
On the contrary, a witness attesting a document need not put their seal and stamp on it.
There are different statutory requirements for document notarization in various states. A notary agent must adhere to their respective state’s laws and regulations while notarizing any document.
Whether a document was notarized in the office or on the go by availing of the mobile notary services of the notary signing agent, a notarized document means that the statutory requirements of the state’s regulation are complied with.
On the other hand, attesting to a document does not have any such legal requirements.
A notary agent can perform a notarial act exclusive of any other service for the same document. In other words, a notary service agent cannot perform any service other than the notarial act for the same document.
If a notary public decides to act as a witness to the transaction, they may attest to the document as a witness. In such a case, a notary public cannot notarize the same document in which they are also a witness. Thus, an attested document must get notarized by only an independent notary public.
Wrap Up
Both notarization and attestation of documents hold their importance in modern-day business transactions. However, the statutory restrictions, procedural formalities, qualifications of age and experience, etc., vary; when it comes to who can notarize and who can attest to a document.
Though a notary has to perform within their state of registration, by availing of a mobile notary service, you can get your documents notarized on the go. It makes life and dealings easy and smooth flowing.
