O melhor lado da notary

providing documents to deal with the administration of the estate of people who are abroad, or own property abroad

In bi-juridical jurisdictions, such as South Africa or Louisiana, the office of notary public is a legal profession with educational requirements similar to those for attorneys.

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If the law requires a document or agreement to be notarized, as in those mentioned in Section 2, failure to notarize such documents can result in their invalidity. Meaning, they will have pelo legal effect.

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Also, the capacity of the parties to sign and execute the document will not be doubted, as the notary has checked this before the document was signed.

Various laws mandate notarization for specific documents. For example, the Family Code requires the notarization of prenuptial agreements or agreements between future spouses concerning their assets, so if one has already proposed marriage to another and wants their properties to be divided to a certain extent, they may execute a prenuptial agreement duly notarized, otherwise, such agreements will be invalid.

Notaries are appointed by a government authority, such as a court, governor, county commissioners, or lieutenant governor, or by a regulating body often known as a society or faculty of notaries public.

Another consequence is that in the event that a party brings any dispute concerning an unnotarized document to the court, such party must prove the very existence of the document and the statements made in the document (e.g. by providing proof of payment of the price fixed in the document, providing evidence from witnesses).

The law requires that the parties or signatories appear personally before the notary public and they cannot substitute another to appear in their favor unless they are the party's authorized representative. They should also present a government-issued ID such as a copyright, driver's license, or National ID. For example, in a contract of sale, the buyer and the seller must personally appear before the notary public to have the contract notarized and they should present a valid government-issued ID.

Notaries deter fraud by scrutinizing the circumstances around document signing. They confirm all parties fully understand the contents and implications, reducing the chances of Estate Planning coercion or forgery.

The notarial register is submitted to the local court or the court of the place where the notary public is situated for the court's records. Any person can check on the records of such court to inspect whether the document is indeed notarized.

Notaries contribute to legal proceedings by providing authenticated documents that serve as credible evidence in court. Their verification of identities and document integrity ensures compliance with legal standards, adding trust and legitimacy to the documents involved.

Selecting a notary ensures the integrity and legality of your important documents. Several factors come into play when choosing the right professional for your needs.

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