Commissioning: Appointment of a Notary by State or Provincial Authority

August 31, 2024 3 min read Law Government Regulations Notary Legal Processes Government Authority Official Appointment Commissioning

The process of appointing a notary by a state or provincial authority, ensuring official validation to perform notarial acts.

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Commissioning refers to the official process by which a state or provincial authority appoints an individual as a notary public. This appointment provides the individual with the legal authority to perform various notarial acts, such as witnessing signatures, administering oaths, and certifying documents.

Definition

Commissioning is the act of granting a formal commission or authority to an individual by a state or provincial government, particularly in the context of appointing a notary public.

Types of Commissioning

Notary Public Commissioning

This is the most common form of commissioning in which a notary public is granted the authority to perform specific legal duties, including witnessing the signing of legal documents, verifying identities, and administering oaths.

Military Commissioning

While not the primary focus here, it’s noteworthy that the term also applies to the formal appointment of officers in the military by the government.

Process of Commissioning

Application

The individual must submit a formal application to the appropriate state or provincial authority, often including personal information, qualifications, and possibly a background check.

Training and Examination

Many jurisdictions require candidates to complete a training course and pass an examination covering notarial laws and ethics.

Oath of Office

Upon approval, the candidate must take an oath of office before officially becoming a commissioned notary.

Issuance of Commission

The final step involves the issuance of a notarial commission certificate, granting the individual legal authority to perform notarial acts.

Historical Context

The practice of commissioning notaries dates back to ancient Rome, where notaries acted as scribes and legal witnesses. The role has evolved significantly, particularly in common law countries where the appointment and regulation of notaries are more formalized.

Applicability

Legal Documents

Commissioned notaries are essential for the legal validation of various documents, including property deeds, financial agreements, and affidavits.

Oaths and Affirmations

Notaries also administer oaths and affirmations, ensuring the credibility and integrity of sworn statements.

Notarization: The process of performing a notarial act.
Oath: A solemn promise, often invoking a divine witness.
Affidavit: A written statement confirmed by oath or affirmation for use as evidence in court.
Certification: The act of officially recognizing someone as possessing certain qualifications or meeting specific standards.

FAQs

What qualifications are required to become a notary?

Qualifications vary by jurisdiction but often include being a legal adult, having no criminal record, and completing necessary training and examinations.

How long does a notarial commission last?

The duration of a commission varies by jurisdiction, typically ranging from four to ten years.

Can a notary refuse to notarize a document?

Yes, a notary can refuse to notarize a document if it does not meet legal requirements, lacks proper identification, or appears fraudulent.

Is a notarial act valid across state or provincial lines?

Generally, a notarial act performed in one jurisdiction is recognized in others, but it’s best to verify with local laws.

References

National Notary Association. “Steps to Become a Notary”.
American Association of Notaries. “What is a Notary Public?”.
Government of Canada. “Commissioning of Documents”.
U.S. Department of State. “Notarial and Authentication Services”.

Summary

Commissioning is a crucial legal process by which an individual is appointed by a state or provincial authority to serve as a notary public. This appointment entails a thorough vetting process, including application, training, and an oath of office, ultimately empowering the individual to perform official notarial acts essential for legal and commercial transactions.