Notary Public Acts for Boaters
What you should know about notarial requirements for boat transactions.
Boating transactions can involve large sums of money and may entail substantial legal or financial ramifications if not properly handled. Boaters should accordingly become familiar with notary public services and learn how they can help protect against fraud and falsifications. This overview provides all you should know about notaries public and notarial acts as they relate to boat registration, titling, vessel documentation and maritime transactions. More detailed information may also found in the References and Referrals for this page.
Types of Notaries
A notary public is an individual that has
been appointed by a state to perform various notarial acts in pursuit of
fraud prevention. Also called a notary, such person performs different types
of activities such as
witnessing a signature, taking an oath or affirmation or the certification
of original documents. In doing so, the notary must adhere to strict rules
and regulations with respect to how they go about performing such actions.
In order to become a notary, an applicant must undergo a state sponsored
educational
course which culminates in an examination.
Traditional Notary - Notaries can work independently from within an office of their own or
that of an employer such as a bank postal service or some other type of
business. Here, you would typically make an appointment to show up with the
necessary items to be notarized and appropriate means of identification.
Mobile Notary - Although additional fees may be involved, some
notaries will travel to a designated location. This is a matter of great
convenience, especially for the elderly or disabled.
Online Notary -
Remote online notaries (RON) are arrangements where a specially trained
Notary Public will conduct notarizations electronically through the usage of internet media. These are becoming ever more popular in today's busy
environment.
Signing Agent - A signing agent is a specially
trained notary public that can administer documents in addition to
performing notarizations. This is typically done at the behest of banks,
lending institutions, law offices and escrow agencies.
Government
Employees
- Government employees may, if properly commissioned, perform notarial acts
within their jurisdictions.
Lawyers -
Being a lawyer does not automatically confer a right to notarize documents.
It would be necessary to seek an appointment just like anyone else. In most
cases, law offices employ paralegals in performing such duties.
Foreign Notary - Foreign notaries
provide similar services as their United States counterparts when it comes
to services provided. However, notaries in some countries are also allowed
to perform legal services. Countries must become a member of the Hague
Convention in order for their notaries to be mutually acceptable.
Consulates
- U.S and foreign consulates can provide notary services for any travelera
without the need for an apostille.
Notarial Acts
Notarization is a process that provides all parties to a
transaction with assurances that a subject documents is authentic, the
respective signature is genuine, the signer was of sound mind, acted without
duress and executed it for the intentions so designated. A notary public is
trained to recognize fraudulent or nefarious activities and is bound by law
to follow all detection and reporting procedures as legally prescribed. This
is accomplished through various notarial acts or procedures that are
sanctioned by the respective juristictions..
Signature Acknowledgements - One
of the most sought after services involving a notary public is
that of signature validations. As part of this process, the parties must appear
before the notary in person a the time of signing, indicate a willingness to
execute the document for its intended purpose and provide a sufficient means
of identification. Although the notary does not confirm a document's content
or validity, it must appear to be whole and unaltered. The process
culminates in a written acknowledgement from the notary as confirmation that
a signature was indeed legitimate.
Oaths and Affirmations - Another primary function of a notary is that
of taking oaths, affirmations and sworn testimony. In this situation, the
affiant must appear before the notary and swear under oath that the
contents of the subject statement are true and accurate. False statements
under these circumstances are considered fraudulent and are subject to sever
penalties. The notary then executes a jurat or statement attesting that such
actions have occurred. This may be part of the statement or as attachment
thereto.
Copy Certifications - Notaries are also valuable when it
comes to obtaining certified copies of original documents. This is important
in situations where the original must be retained or stored in a secure
location.
Notary Seal - Notaries are required by law to imprint
all acknowledgements and affirmations with an indelible stamp or
embosser showing their information and a commission expiration date. This
should be carefully inspected by the parties to make sure that it was still
valid at the date of signing.
Notary Fees - The fees collected by a notary public are strictly
prescribed the respective jurisdictional regulations. Although usually
minimal, these may vary according to the services provided.
Notary Apostille -
An apostille can be defined as a governmental certification that
authenticates the signature of a public official. Some jurisdictions, both
domestic and foreign, will require this to substantiate notarizations from
another country. Apostilles here in the United States are typically
available from a Secretary of State's office.
Contextual Requirements
In addition to preferences by the parties, there are a number
of circumstances in which notarial acts are required in conjunction with boat registration,
titling and vessel documentation transactions. However, these may vary
considerably according to the respective state, federal and local
regulations.
State Level - Notarization is not typically required
on state boat registration and titling application forms. However, some
jurisdictions may require this on transfer documents such as bills of sale.
Notarization may also be required on affidavits of lost title and other
statements of fact. Although mostly relaxed in their requirements, they may
vary widely state-by-state. Some states may also require Apostilles on
foreign notarized documents.
Local - Boat
registrations that take place in a county clerk's office may require
notarizations depending again on their particular requirements. These may
also apply to tax or value certifications.
Federal - Notarization
requirements for vessel documentation purposes are quite stringent as
specifically prescribed under the Code of Federal Regulations. These usually
apply to recordable instruments such as bills of sale, preferred mortgages
and supplemental filings. They may also include statements of fact and other
special request forms. The National Vessel Documentation center will not
accept foreign notarizations unless accompanied by an apostille from the
respective foreign government authority. Such country must furthermore
qualify as a member in good standing of the Hague Convention. The only
alternative would be to have an item notarized in person at a U.S. Consulate
office.
Foreign - Notarization and apostille requirements in
foreign registry agencies may vary widely depending on the respective
country. However, it is quite common that special Blue Ribbon
Certificatations are present when registering vessels that have been formally removed or
deleted from documentation.
Conclusion
Often looked upon as a matter of inconvenience, notarial acts must be taken very seriously and notaries should be appreciated for the protections they can offer. Like other human beings, however, they are not perfect and errors or omissions can happen. Although insured as part of their commissions, it may not enough cover larger boats and yachts. Reliance on notarizations should not become a substitute for your own due diligence and other means of protection.
References and Referrals
Comments - Suggestions - Corrections