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A notary offers legal assurance by verifying the authenticity of documents. They confirm the identities of signatories, ensuring that documents are signed voluntarily and without coercion.
Notaries public have existed in Scotland since the 13th century and developed as a distinct element of the Scottish legal profession. Those who wish to practice as a notary must petition the Court of Session. This petition is usually presented at the same time as a petition to practice as a solicitor, but can sometimes be earlier or later.
Notaries play a vital role in ensuring the integrity and authenticity of legal documents and transactions. Their ability to prevent fraud and verify identities makes them indispensable in various sectors. By maintaining meticulous records and providing a reliable reference for future disputes, they offer peace of mind to all parties involved.
On the other hand, a document not notarized will require that each statement therein be proven in a trial including the amount of money stated therein through receipts, and the capacity or authority of the parties to enter into such document or agreement through testifying in court.
The separate development of the common law in England, free from most of the influences of Roman law, meant that notaries were not introduced into England until later in the 13th and 14th centuries. At first, notaries in England were appointed by the Papal Legate. In 1279 the Archbishop of Canterbury was authorized by the Pope to appoint notaries.
The party or parties to the document sign the document in the presence of the notary. It is important that the affixing of the signatures must be done in front and with the knowledge of the notary public so as to ensure that the parties understand the contents of the document and its legal effects.
The parties must ensure that the notary public is a licensed attorney, they can verify this by asking for the Integrated Bar of The Philippines (IBP) ID of said lawyer. The parties must avoid notaries public who do not have such authority as a lawyer as this will not make the document a public document as explained in Section 1.
This involves the granting of rights which enables the Estate Planning representatives to do certain acts that can affect the rights of the principal which is why it is important for a Power of Attorney to be notarized so that its truthfulness can be relied upon.
A notary’s official seal or stamp indicates the document has been authenticated, verifying the identity of signatories and the notary’s impartial witnessing of the transaction.
The process of notarization involves the conversion of the status of a private document or an unnotarized document, into a public document.
The notarial register is issued by the Supreme Court which is an official register that can be inspected by persons who have presented a document to the notary public for notarization.
This vital function helps maintain the legal and ethical standards that underpin many personal and business transactions.
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