What is crucial when performing a notarial act?

When performing a notarial act, effective communication with the signer is crucial. This involves ensuring that the signer clearly understands what they are signing, the implications of the document, and that they are doing so willingly and without coercion. It's essential for the notary to confirm the identity of the signer and ascertain their state of mind at the time of signing, which is facilitated through clear communication. This helps protect against fraud and ensures that the notarial act is valid and legally binding.

While obtaining payment, having a lawyer present, and using official notary seals are relevant to the practice of notarization, they do not hold the same level of significance as establishing a clear understanding with the signer. For example, payment should not influence the integrity of the notarization process or the impartiality of the notary. Additionally, notaries may perform their duties without a lawyer being present, and while official notary seals are important for authenticity, the interaction with the signer remains the cornerstone of a proper notarization.