Notary Public in Miami (Florida)
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In the U.S. state of Florida, a notary public in Miami is a public officer appointed by the governor of the state to take acknowledgments, administer oaths, attest to photocopies of certain documents, solemnize marriage, protest the non-acceptance or non-payment of negotiable instruments and perform other duties specified by law.
A notary may only perform a notarial act upon receipt of satisfactory proof of identity (i.e. a driver’s license or other form of identification card), or by the notary’s own personal knowledge of the person appearing before them, or upon the sworn statement of two witnesses who personally know the person whose signature is to be authenticated. A notary may not notarize their own signature, or the signature of their spouse, parent, or child.
Authority of a Florida notary public in Miami
Notaries Public in Florida have the authority to take acknowledgments, administer oaths, solemnize marriage, certify the contents of a safe-deposit box, certify the Vehicle Identification Number of a motor vehicle, and certify copies of non-recordable documents.
- Acknowledgments are usually taken in correlation with a real estate transaction but are often used in cases where a mere “identity verification” is needed to ensure that the document is being executed by an authorized party.
- Oaths are administered orally in depositions and court hearings in which a party is being sworn in over the telephone instead of being personally present before a judge. In this respect, notaries administer oaths in the same way as a judge. Many court reporters are also notaries, as this allows one person to both swear the party in for a deposition and to transcribe the deposition. Oaths are also administered in the form of affidavits and other sworn statements on paper.
- Marriages may be legally solemnized by a notary public between parties who present the notary with a valid marriage license. The law has no requirements for the form of a marriage ceremony, therefore many notaries perform both civil and religious marriage ceremonies.
- The contents of a safe-deposit box are certified by a notary public in cases where the owner has died or otherwise abandoned the safe-deposit box. In this case, the notary must be present while a bank official and other witness open the box. The notary then certifies the contents of the box and makes a certificate thereof for presentation to the court or to the personal representative of the Decedent’s estate.
- Notaries are authorized by Florida law to verify the Vehicle Identification Number of a motor vehicle and certify this fact to the Department of Highway Safety and Motor Vehicles when that vehicle has not previously been registered with the state.
- Notaries have the authority to make certified photocopies in cases where certified copies of a document cannot be obtained from another public official. Therefore, notaries cannot certify birth certificates, copies of court judgments, or public records maintained in government offices. They can, however, certify copies of passports, driver licenses, and any other document which is not eligible for public recordation.
- The most rare of notarial duties in Florida is the drafting of protests, i.e. certificates of dishonor, which certify that payment on a negotiable instrument has been refused. This is an antiquated act that appears only one place in the Florida Statutes. [1]
Commission requirements
Any individual at least 18 years of age who is a resident of Florida may apply for and obtain commission as a notary public in Miami, provided that they have obtained a $7,500.00 public bond from an insurance company, and taken a notary education course administered by an authorized course provider. Such commission is usually obtained by legal secretaries, paralegals, and attorneys for use in their place of work, where the notarization of client signatures is a requirement on many court pleadings and other documents. However, occupation in the legal profession is not a prerequisite to becoming a notary public in Miami, and a person of any profession may apply for and obtain a commission. Many banks also have notaries on staff to notarize the signatures of their customers.
Notary in Miami (Florida)
Do you know how the Notary emerged? Since ancient times, man was forced to seek ways to guarantee his agreements and negotiations, hence the protection through witnesses arose.
This was the only way to enforce the obligations between the parties. With the passage of time this action was perfected, until it became the notary acts that we know today.
In this way, this type of Law appears, to leave the will of the person embodied in writing. It is carried out in a solemn way and with this it is achieved that the notorious and perpetual rights are maintained like this even with the passage of time.
In the United States, a notary public is a position appointed by each state whose function is to witness the identity of people, the veracity of their signatures or
that they freely sign documents. Their role is radically different from the work carried out by public notaries in Spanish-speaking countries.
What does a notary public do in the United States?
Although the powers of public notaries vary by state, in general it can be said that their function in the United States is to attest, that is, to be witnesses certifying the authenticity of the signatures, that the signatories do so freely, or the identity of people.
The intervention of a notary public may be required in inheritances, deeds, affidavits, licenses, loans, refinancing, real estate purchase and sale closings, mortgage closings, opening of certain bank accounts, powers of attorney (power of attorney, in English), contracts, etc.
Among the most frequent tasks of public notaries, the following stand out:
First, the recognition, known in English as acknowledgment. In this case, a person appears and identifies himself before a notary and verbally declares that he signs or has signed a document freely and without pressure. Next, the notary raises the Certificate of Acknowledgment, whose main function is to attest to the veracity of the signature and that it has been given with free consent.
Secondly, a notary can attest that a document is a copy of its original.
And thirdly, the notarial certification, known in English as jurat, oath or affirmation, depending on the state. In this certification, a person appears before the notary and signs a document in his presence. Next, the notary asks the signatory if the content of what is signed is true. The signatory must verbally answer in the affirmative. If he lies, he would be committing perjury. Finally, the notary raises the notarial certification, but does not read the document. In other words, he attests to the signer’s response, not to the content of the document.
Additionally, in three states—South Carolina, Florida, and Maine—notaries public can perform civil marriages.
On the other hand, in the US, notaries cannot provide legal advice, including immigration cases, nor are they authorized to prepare and draft legal documents.
The only exceptions are Louisiana and the Commonwealth of Puerto Rico, where they are authorized to do so.
How to obtain the title of public notary in the US?
Each state regulates the requirements to allow a person to practice as a notary within its territory, although in some cases it is allowed to work in neighboring states or counties. In some cases, the notary is also allowed to practice anywhere in the US and even abroad, opening up this profession to notaries practicing online.
To obtain the title of notary public, more than half of the states only require that an official form be completed and the corresponding fee paid. This is the case, for example, in Illinois and Texas. By contrast, other states require taking a course (Florida), passing an exam (New York), or a combination of both (California, Colorado, etc.).
Obtaining the title of notary public has an average cost between $200 and $300.
In addition, states can prohibit people with criminal records or immoral acts from practicing as notaries public. In some states, posting a bond is required before you begin to act as a notary public, for example, Illinois ($5,000), Florida ($7,500), or Texas ($10,000).
Each state sets the number of years the license is valid, usually five years, which can be renewed successively.
In addition, certain professions may include the possibility of acting as a notary public, such as court reporters, some lawyers and bank employees.
Finally, to carry out their work, states may require notaries to comply with certain formalities, such as keeping a register of clients incorporating their signature or fingerprints. They may also require the use of a stamp.
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