When you’re updating or creating important documents like wills, trusts, business agreements, and power of attorney documents as circumstances change, you’ll want to ensure that the documents will be valid in court if your dispute cannot be resolved outside of the courtroom.
One way to do this is to have your documents notarized at the time of signing. Certain legal documents, such as wills and real estate agreements, require notarization, while some others do not.
What is a notary?
A notary is a public officer constituted by law to serve the community. Notaries have limited abilities and a very specific role – witness documents, administer oaths, and perform a few other administrative functions. In the state of Georgia, individuals can get their documents notarized remotely to limit unnecessary contact and reduce the spread of COVID-19.
What does it mean when a document is notarized?
Notarizing your documents will ensure the proper execution of the binding contract. Both partners will take the documents to a notary public and sign the agreements in front of them. After both parties sign the agreement, the notary will sign the document as well. Notaries do not need copies of the documents, and they can deny their services on any agreements they do not think are lawful.
A notary plays an important role in making sure that contracts are legally enforceable. Even though not every business agreement requires notarization, it is a smart decision to be proactive if you are concerned the other party will not follow through.
Here are some documents that will need to be notarized:
Business Documents;
Articles of incorporation
Memorandum of understanding documents
Vendor contracts
Commercial leases
Legal Documents:
Wills
Trusts
Executorships
Custody and guardianship agreements
Power of attorney
Court documents
Who serves as a notary?
In Georgia, anyone can apply to become a notary as long as the individual is at least 18 years old, a U.S. citizen and legal resident of the Georgia county, able to read and write English, and has an operating telephone number. However, during the pandemic, if you need notary services remotely, the notary must be a licensed attorney practicing law in Georgia. In some cases, the attorney might not be licensed in the state of Georgia, and therefore they will have to be operating under the supervision of an attorney licensed in the state. As long as there is no probability that the attorney will be called as a witness, licensed attorneys are the best option for individuals looking to get documents notarized.
What are the most common types of notaries?
- Acknowledgments: Ensures the signer is who they say they are
- Jurats: Swears that the contents of the document are true
- Oaths/Affirmations: Pleads to the agreement being made orally
- Copy Certifications: Allows the original document to be reproduced
- Signature Witnessing: Monitors the signer to verify the identity and completion of signing the document
Keep in mind that if your notary is not a licensed attorney, they should not give legal advice or any opinions; they are simply there as a witness for the parties involved. You should always seek guidance from an attorney when you are in the process of preparing a document that requires notarization.
Contact our experienced attorneys to schedule a consultation today.
Gaslowitz Frankel LLC is Georgia’s premier fiduciary litigation law firm. The firm has earned a reputation for excellence across Georgia and the Southeast in providing representation to individuals, executors, trustees, investors, shareholders, and financial institutions in complex fiduciary disputes involving wills, estates, trusts, guardianships, conservatorships, businesses, and securities.
