Every barrister of the Supreme Court of Nova Scotia is a commissioner of oaths but must receive an additional commission to act as a notary public.
As a general rule, an applicant [for appointment as a notary] should be a legal practitioner of several years standing at least. Even a cursory perusal of texts on the duties and functions of a public notary demonstrates that a number of those functions and duties require at the very least a sound working knowledge of Australian law and commercial practice.
Some were permanent officials attached to the Senate and courts of law whose duties were to record public proceedings, transcribe state papers, supply magistrates with legal forms, and register the decrees and judgments of magistrates.
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 no legal effect.
A notary’s qualifications and experience establish their competence and reliability. Professionals certified by recognized institutions and possessing relevant licenses demonstrate adherence to required standards. Experienced notaries have a track record of handling diverse documents like deeds and affidavits, equipping them to manage unique situations effectively.
preparation and certification of powers of attorney, wills, deeds, contracts and other legal documents for use internationally
Further, in the case of a power of attorney, it is important that the primário or the person appointing a representative to act on their behalf should appear before the notary public and not the person being appointed as a representative.
It is of utmost importance that any person who makes a statement in a document should only state what is true and legal, if there is any false statement that is made by a person in a document that is notarized, he may be criminally charged for Perjury which is a felony penalized under the Revised Penal Code of the Philippines.
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In Nova Scotia a person may be a notary public, a commissioner of oaths, or both. A notary public and a commissioner of oaths are regulated by the provincial Notaries and Commissioners Act.[11] Individuals hold a commission granted to them by the Minister of Justice.
In the few United States jurisdictions where trained notaries are allowed (such as Louisiana and Puerto Rico), the practice of these legal practitioners is limited to legal advice on purely non-contentious matters that fall within the purview of a notary's reserved areas of practice.
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 Mobile Notary such court to inspect whether the document is indeed notarized.
It is usual for Australian notaries to use an embossed seal with a red wafer, and now some notaries also use an inked stamp replicating the seal. It is also common for the seal or stamp to include the notary's chosen logo or symbol.
The documents that need notarization must be prepared by checking that all the pages are complete and all the contents thereof are accurate, after which the valid IDs of the parties should be printed and signed with 3 wet signatures.