Depending on where you live, the role of notaries in the legal world differs. In the US it differs even between the states. But there is one thing about notaries, that nobody would doubt: They are the most trustworthiest person you can talk to. In fact, this characteristic is a major precondition of becoming a notary.
So if need to proof some of your work or ideas without publishing it, it can be legally certified by a notary. Until now, this is costly and requires pedantically preparations. But there is a solution to this problem.

A notary in almost all common law jurisdictions is a qualified lawyer (a notable exception being the US). Traditionally, notaries recorded matters of judicial importance as well as private transactions or events where an officially authenticated record or a document drawn up with professional skill or knowledge was required. Specifically, the functions of notaries include the attestation of documents and certification of their due execution, administering of oaths, witnessing affidavits and statutory declarations, certification of copy documents, noting and protesting of bills of exchange and the preparation of ships' protests.

Significant weight attaches to documents certified by notaries. Documents certified by notaries are sealed with the notary's seal and are recorded by the notary in a register maintained by him/her. These are known as "notarial acts". In countries subscribing to the Hague Convention Abolishing the Requirement for Legalisation for Foreign Public Documents only one further act of certification is required, known as an apostille)and is issued by a government department (usually the Foreign Affairs Department or similar). For other countries an "authentication" must be issued by the Foreign Affairs Ministry of the country from which the document is being sent or the Embassy, Consulate-General or High Commission of the country to which it is being sent.

England

After the passage of the 1533 Act, which was a direct result of the Reformation in England, all notary appointments were issued directly through the Court of Faculties. The Court of Faculties is attached to the office of the Archbishop of Canterbury.

In England there are three classes of notaries. Scrivener notaries, who get their name from the Scriveners' Company, are the only notaries permitted to practise in the City of London. Due to their geographical proximity to many civil law countries, scrivener notaries are only appointed after five years' articles to a practising notary. Scrivener notaries must be fluent in one or two foreign languages and be familiar with the principles and practice of foreign law.

The other two classes of notaries in England are qualified solicitors who only practise outside the City and non-legally qualified persons who satisfy the Master of the Faculties of the Archbishop of Canterbury that they possess an adequate understanding of the law. Both the latter two categories are required to pass examinations set by the Master of Faculties. The regulation of notaries was modernised in the 1990s as a result of the Courts and Legal Services Act 1990, section 57.

Australia

In all Australian States and Territories (except Queensland) notaries public are appointed by the Supreme Court of the relevant State or Territory. A very few have been appointed as a notary for more than one State or Territory.

Queensland (like New Zealand) persists with the archaic practice of appointment by the Archbishop of Canterbury acting through the Master of the Faculties.

Virtually all Australian notaries are lawyers of several years standing at least but very few lawyers are also notaries.

For example in South Australia (a State with a population of 1.5 million) of the over 2,500 lawyers in that State only about 100 are also notaries and many of those do not actively practice as such. In Melbourne, Victoria, in 2002 there were only 66 notaries for a city with a population of 3.5 million. Compare this with the US where it has been estimated that there are over 3 million notaries for a nation with a population of 296 million.

As Justice Debelle of the Supreme Court of South Australia said in the case of In The Matter of the Legal Practitioners Act and In The Matter of an Application by Marilyn Reys Bos to be a Public Notary [2003] SASC 320, delivered 12 September 2003:

"As a general rule, an applicant [for appointment as a notary] should be a legal practitioner of several years standing at least. Even a cursory perusal of texts on the duties and functions of a public notary demonstrates that a number of those functions and duties require at the very least a sound working knowledge of Australian law and commercial practice. In other words, the preparation of a notarial act plainly requires a sound knowledge of law and practice in Australia especially of the due preparation and execution of commercial and contractual instruments."

Historically there have been some very rare examples of patent attorneys or accountants being appointed, but that now seems to have ceased.

However, there are three significant differences between notaries and other lawyers.

Firstly, the duty of a notary is to the transaction as a whole, and not just to one of the parties. In certain circumstances a notary may act for both parties to a transaction as long as there is no conflict between them, and in such cases it his or her duty is to ensure that the transaction that they conclude is fair to both sides.

Secondly, a notary will often need to place and complete a special clause (known as an "eschatocol") on the document in order to make it valid for use overseas. The exact wording of the eschatocol is not fixed and will vary depending on the nature of the notarial act but the below is a example of what may be used in the verification of a signature by a South Australian notary.

TO ALL TO WHOM these presents shall come I, (FULL NAME OF NOTARY), Notary Public, duly authorised and practising at (city) in the State of South Australia of the Commonwealth of Australia and who remains a Notary Public for so long as my name appears upon the roll of public notaries kept by the Registrar of the Supreme Court of South Australia pursuant to Section 92 of the Legal Practitioners Act 1981 (SA) SEND GREETINGS and DO HEREBY ATTEST AND CERTIFY that the document or documents hereunto annexed was or were freely and voluntarily signed and executed in my presence this day by the person or persons named therein who is or are personally known to me or who was or were identified to me to my satisfaction and who personally appeared before me and who appeared to understand the meaning and effect of the said document or documents.

IN FAITH AND TESTIMONY whereof I the said Notary have hereunto subscribed my name and affixed my seal at (city) aforesaid this (day) day of (month) (year)

(Signature) (Seal)

(Full Name of Notary)

Notary Public

City of (city)

State of South Australia

Commonwealth of Australia

The words "IN FAITH" denote the historic religious connections of the office of a notary public in the Middle Ages.

In the case of a document which is to be used in some foreign countries it will also be necessary to obtain another certificate known either as an "authentication" or an "apostille" (depending on the relevant foreign country) from the Department of Foreign Affairs and Trade.

Thirdly, a notary identifies himself or herself on documents by the use of his or her individual seal. Such seals have historical origins and are regarded by most other countries as of great importance for establishing the genuineness of a document.

Their principal duties include:

1.attestation of documents and certification of their due execution for use Australia and internationally,

2.preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use in Australia and internationally,

3.administering of oaths for use Australia and internationally,

4.witnessing affidavits and statutory declarations for use in Australia and internationally,

5.certification of copy documents for use Australia and internationally,

6.exemplification of official documents for use internationally,

7.noting and protesting of bills of exchange, and,

8.preparation of ships' protests.

Although it was once usual for Australian notaries to use a red embossed seal it is now increasing common, for practical reasons, for them to use a red inked stamp. Such seals or stamps must include the notary's full name and the words "notary public". It is also common for the seal or stamp to include the notary's chosen logo or symbol.

It is important for US readers to note that, unlike US notaries, Australian notaries and those of virtually all other countries do not hold "commissions" which can expire. Once appointed they are authorised to act as a notary for life and can only be "struck off" the Roll of Notaries for proven misconduct.

All Australian jurisdictions also have Justices of the Peace or Commissioners for Affidavits who can witness affidavits or statutory declarations and certify copy documents. However they can only do so if the relevant affidavit, statutory declaration or copy document is to be used only in Australia rather than in a foreign country.

Almost all Australian lawyers are also Commissioners for Affidavits.

Justices of the Peace (JPs) are laypersons who have minimal, if any, training but are of proven good character. They are not permitted to charge for their services and there are tens of thousands (or more) of them. Therefore a US notary resembles an Australian JP rather than an Australian notary.

Canada

Notaries public in Canada (outside Quebec, which uses civil law rather than common law) are regulated by the provinces and territories. Their duties generally include administering oaths; taking affidavits, affirmations, and declarations; issuing deeds, contracts, and other commercial transactions; and attesting commercial instruments. Except in British Columbia, notaries public usually act as notaries on a part-time basis, as an adjunct to their profession.

Canadian notaries public are appointed by the provincial government upon application, though practices vary between provinces. In many jurisdictions, lawyers are automatically created notaries public. In Alberta, every articling student, judge, MLA, MP, and Senator is also automatically a notary. All officers of the Canadian Forces are authorized to act as notaries public for Nova Scotia.

British Columbia is unusual by dividing the province into notarial districts with a fixed number of notaries for each district who are primarily notaries rather than notaries as an adjunct to another profession. Additionally, B.C. notaries act in a wider range of transactions, such as real estate sales, than in other jurisdictions and are self-regulated through the Society of Notaries Public of BC.

Several jurisdictions also have Commissioners for Oaths, who generally are only able to administer oaths and take affidavits for use in their jurisdiction, while notaries can also do so for use outside their jurisdiction.

United States

In the United States, generally speaking, a notary public is a public official appointed by a state government to serve the public as an impartial witness. Notaries in the United States are much less closely regulated than notaries in civil law jurisdictions or in most other common law countries. Usually individuals need no special training to obtain a notary public license; they must only pass a simple test, and have some form of background check or obtain a bond or insurance to ensure their integrity. Most banks have at least one notary present whenever they are open. In the United States, a non-attorney notary may not offer legal advice or prepare documents, and cannot recommend how a person should sign a document or even what type of notarization is necessary. Also, military officers of the pay grade of O-3 (NATO rank code OF-2) are notaries public.

Each state in the United States has different requirements for becoming a notary public. Some states require that notaries be appointed directly by the state legislature, while in others the individual simply takes an exam and pays a small annual fee. In most states, notaries are administered by the Secretary of State; in Alaska, this function is performed by the office of the Lieutenant Governor.

Historically, some states required that a notary be a citizen of the United States. However, the United States Supreme Court, in the case of Bernal v. Fainter 467 U.S. 216 (1984) (the Fainter case), declared that to be impermissible.

In the U.S., there are reports of notaries (or people claiming to be notaries) who take advantage of the differing roles of notaries in common law and civil law jurisdictions to engage in the unauthorized practice of law. The victims of such scams are typically illegal immigrants from civil law countries who need assistance with, for example, their immigration papers and want to avoid hiring an attorney. Confusion often results from the mistaken premise that a notary public in the United States serves the same function as a Notario Público in Spanish-speaking countries (which are civil law countries, see below). Prosecutions in such cases are difficult, as the victims are often deported and thus unavailable to testify.

California

Each state authorizes a notary to perform a limited range of activities called notarizations. In some states a notary is authorized to solemnize marriages. California notary law will be discussed here. See California Government Code Sections 8201 et seq.

Effective July 1, 2005, California notaries must take a 6 hour class before taking the notary exam. This applies to both new notaries and existing notaries renewing their commissions.

Due to the concerns mentioned above, California explicitly prohibits notaries from using the literal Spanish translation of their title [1] (PDF file).

Notarization does not prove the truthfulness of statements in a document, nor does it legalize or validate a document. Notarization also does not protect an author's rights in artistic creations or inventions.

Notarization requires that the notary first screen the signer. This involves reviewing identity cards (e.g., a driver's license) or testimony from one or more credible identifying witnesses; the signer is responsible for bringing the necessary identification or witnesses. Once the screening is finished, the notary must complete the notarial act and record the action in a journal. California anti-fraud law requires a thumbprint in the journal entry for certain types of transactions. Documents with blank spaces cannot be notarized (a further anti-fraud measure).

The two primary types of notarizations are acknowledgements and jurats.

Acknowledgments are executed on deeds, documents affecting property, and the like. An acknowledgment is a signed statement by the notary that the signer (1) personally appeared before the notary, (2) is personally known or was positively identified by the notary, and (3) acknowledged having signed the document.

A jurat is the certificate of the notary stating that the signer (1) personally appeared before the notary, (2) is personally known or was positively identified by the notary (required as of July 1, 2005 under Assembly Bill 2062); (3) signed the document in the presence of the notary, and (4) took an oath or affirmation administered by the notary (e.g., "Do you swear that the statements in this document are true, so help you God?" or "Do you affirm that the statements in this document are true?"). The oath or affirmation is designed to compel truthfulness in a signer, through fear of the law or of God.

New Jersey

Notaries are commissioned by the State Treasurer for a period of five years. Notaries must also be sworn in by the clerk of the county in which he or she resides. One can become a notary in the state of New Jersey if he or she: (1) is over the age of 18; (2) is a resident of New Jersey OR is regularly employed in New Jersey and lives in an adjoining state; (3) has never been convicted of a crime under the laws of any state or the United States, for an offense involving dishonesty, or a crime of the first or second degree, unless the person has met the requirements of the Rehabilitated Convicted Offenders Act (NJSA 2A:168-1). Notary applications must be endorsed by a state legislator.

Notaries in the state of New Jersey serve as impartial witnesses to the signing of documents, attests to the signature on the document, and may also administer oaths and affirmations. Seals are not required; many people prefer them and as a result, most notaries have seals in addition to stamps. Notaries may administer oaths and affirmations to public officials and officers of various organizations. They may also administer oaths and affirmations in order to execute jurats for affidavits/verifications, and to swear in witnesses.

Notaries are prohibited from pre-dating actions; lending notary equipment to someone else (stamps, seals, journals, etc); preparing legal documents or giving legal advice; appearing as a representative of another person in a legal proceeding. Notaries should also refrain from notarizing documents in which they have a personal interest.

Virginia

Notaries are appointed by the Governor. An individual may become a notary public on (1) filling out an application; (2) having two persons who are registered voters to sign the application, attesting to the applicant's character; (2) having the application itself notarized, and the notary may not be either of the two people who attested to the applicant's character; (4) Having the application signed by the Clerk of a Circuit Court, a judge, Commonwealth's attorney, member of the state legislature, or certain other public officials; and (5) sending the application with a fee (as of 2003 the fee was $35) to the Secretary of the Commonwealth in Richmond. The application is almost always approved. The Secretary of the Commonwealth will send the applicant's commission to the Clerk of the Circuit Court where the applicant asked it be issued. That clerk will swear the applicant, collect a fee of $10 (as of 2003), and give the applicant their commission. At that point the applicant is now commissioned as a Notary Public in and for the Commonwealth of Virginia at large. While the applicant must swear that they have read the notary laws, there is no test or special knowledge required.

Virginia does not require seals, but most people having documents authenticated expect them, so most notaries do carry and use them. No bond is required, and a notary is not required to keep a log of official acts. Virginia was one of the states that required notaries to be citizens prior to the Fainter decision.

A Virginia notary is not permitted to perform marriages, that requires a separate permission, either by being an official (such as a priest or a minister) of a church or other religious organization, or by paying a fee.

A notary applicant cannot have any (unpardoned) felony criminal convictions, and a felony conviction will void a notary's commission. A notary must either be a resident of Virginia or work in the Commonwealth. A Virginia notary may only notarize a document while physically within the Commonwealth, unless the document is going to be recorded with an Independent City or county in Virginia.

A Virginia notary is authorized to acknowledge signatures, take oaths, and certify copies of non-government documents. A notary may only authenticate a person based upon that person's documentation of their identity (such as a driver's license or identification card), or by the notary's own personal knowledge of the person appearing before them, use of witnesses to identify an individual is not permitted. A notary may not authenticate their own signature, nor may a notary authenticate any document to which they or their spouse are a party. The application to become a notary points out that since the persons who sign the application as voters are parties to the document, the notary cannot be either of those persons.

Acting as a notary without a valid commission constitutes a class 6 felony, punishable by up to 5 years in prison, in Virginia.

taken from http://en.wikipedia.org/wiki/Notary_public