Requirements For A Valid Power Of Attorney All powers of attorney must be in writing and executed by the giver of the power before a notary public and at least one but normally two witnesses. It is not neces- sary for the attorney to sign the power.
A Notary Public is an attorney who is legally empowered to witness the signing of documents, take statements from the public, and certify that the contents of an official document are indeed true and correct. A Notary is held to a higher standard of care than an attorney, in some respects.
Who is a Notary Public? Under the 2004 Rules of Notarial Practice (“Rules”), a notary public must be a lawyer. Meaning, one must have (1) passed the bar exams, (2) taken oath and (3) signed the roll of attorneys.
The main role of a notary is to verify the authenticity of legal documents and create a trustworthy environment for parties to an agreement. The legal documents must meet the minimum requirements to be notarized.
A Notary Public is a practicing attorney with an additional qualification and admitted by the High Court. The Notary Public has additional powers to be able to execute, attest to and certify specialised documents. A Notary Public has the highest level of trust and ethics in the legal profession.
Notaries are also legal professionals. They advise clients on legal matters at important times in their lives. But unlike lawyers, they can't represent clients in court when cases are contested, that is, when one side is opposing another. Notaries must be neutral.
Alternatively, you can have copies certified at the following places: Lawyers or notary public (who are members of a recognised professional body) Actuaries or accountants (who are members of a recognised professional body) Members of the judiciary.
However, when practising law, lawyers can only provide legal assistance, advice, and counselling to their clients while an attorney can represent clients in court and initiate defendant prosecutions in addition to providing legal counsel and consultation.
Oath (or affirmation): Any form of an attestation by which a person signifies that he or she is bound in conscience to perform an act faithfully and truthfully. A person who intentionally makes false statements under oath before a U.S. consular official is punishable for perjury. Affirmation is a solemn and formal declaration that an affidavit is true, that the witness will tell the truth, etc.
Acknowledgement of Signature: An Acknowledgement of Signature or Acknowledgement of Execution is a notary which verifies that a particular person signed a given document. It is often used for legal agreements, business documents, etc.
Affidavit: A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the person making it, taken before a consular officer having authority to administer such an oath.
Power of Attorney: Allows you to designate someone to take legal actions on your behalf. A common example of this is empowering someone else to buy or sell property in the United States in your name while you are overseas. We cannot advise you on the specific language or content of a power of attorney, so you may wish to consult a lawyer or other appropriate advisor before coming to see us to have your power of attorney notarized.
Notary services may be performed for any person regardless of nationality as long as the document is to be used within the Jurisdiction of the United States.
Please note: The Department of State assumes no responsibility or liability for the professional ability or reputation of, or the quality of services provided by, the entities or individuals whose names appear on the following lists. Inclusion on this list is in no way an endorsement by the Department or the U.S. government. Names are listed alphabetically, and the order in which they appear has no other significance. The information on the list is provided directly by the local service providers; the Department is not in a position to vouch for such information.
Certification of True Copies of Documents: We often get requests to certify true copies of educational transcripts or diplomas, bank statements, court documents, or other such official records. Unfortunately, our offices cannot ordinarily provide certified true copies of documents. Such requests should usually be addressed to the office which issued the document in question. For example, certified true copies of academic records should be requested from the registrar of the institution that originally issued them.