The central government appoints notaries for the whole or any part of the country. State governments, too, appoint notaries for the whole or any part of the states. On an application being made, any person who had been practicing as a Lawyer for at least ten years is eligible to be appointed a notary.
Lastly, the notary public makes sure that the content in the document is correct and corresponds with what the parties want to achieve. This way, the parties are aware of the content of the document and their obligations.
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Last wills and testaments must be notarized to be valid. Under Article 805 of the Civil Code, a will must be notarized, and if it is not, it shall be void and ineffective.
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.
It is always better to notarize a document to protect your rights and interests under the document. If you are unsure if the document should be notarized, it is better to err on the side of caution and proceed with its notarization.
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It is of utmost importance that any person who makes a statement in a document should only state what is true and legal, if there is any false statement that is made by a person in a document that is notarized, he may be criminally charged for Perjury which is a felony penalized under the Revised Penal Code of the Philippines.
The notary public drafts a notarial certificate which forms part of the notarized document containing details of the notarization, such as the names of the parties, type of document, date, and place of notarization. This may be seen at the end or on the last page of the notarized document.
Therefore, at common law, notarial service is distinctly different from the practice of law, and giving legal advice and preparing legal instruments is forbidden to lay notaries such as those appointed throughout most of the United States. Despite these distinctions, lawyers in the United States may apply to become notaries, and this class of notary is allowed Mobile Notary to provide legal advice, such as determining the type of act required (affidavit, acknowledgment, etc.).
In any case, the notarization of a document should revolve around truth and faith, and should never be used to shield wrong-doings and to validate a false statement.
For instance, if the amount to be paid for the services under a service agreement is PHP400, the parties thereto can choose not to notarize the service agreement if the risk of either party reneging on the agreement is minimal.
Commissioners of oaths are able to undertake the bulk of routine domestic attestation work within the UK. Many documents, including signatures for normal property transactions, do not need professional attestation of signature at all, a lay witness being sufficient.
Wills and estate planning – preparation and searches of last wills and testaments, advance directives, representation agreements and power of attorney