What distinguishes a U.S. notary public from a civil-law notary?

The distinguishing feature of a U.S. notary public is that they primarily perform ministerial functions. In this context, “ministerial functions” refers to the responsibilities that U.S. notaries have, which include witnessing signatures, administering oaths, and affirming the authenticity of documents. Their role is largely administrative, ensuring that certain formalities of document execution are followed without engaging in the substantive legal advice or representation that a civil-law notary might provide.

In contrast, civil-law notaries often have comprehensive legal training and can draft and prepare legal instruments and provide various legal services. They operate in a legal system where their role extends beyond mere witnessing; they actively participate in the legal processes of their jurisdiction. This significant difference in function emphasizes the limited scope of U.S. notaries compared to their civil-law counterparts, who have a broader role in dealing with legal matters.

Understanding this fundamental distinction is crucial for recognizing the different systems of notarial practice in the U.S. and countries that follow civil law.