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What is a Notary Public?

A Notary Public is an official appointed by the state government to serve as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These acts are known as notarizations, or notarial acts. Notaries are commissioned (licensed) by their state government, typically through the Secretary of State's office or a similar agency. The role and responsibilities of a Notary Public include:

1. Verifying the Identity of Signers: Notaries are responsible for confirming the identity of the individuals signing the documents. This is usually done through government-issued identification documents like passports, driver's licenses, or identity cards.
2. Ensuring Signers are Willing and Understand: Notaries must ensure that the individuals signing documents are doing so willingly and understand the contents and consequences of the documents they are signing.
3. Witnessing the Signing: The Notary must be physically present at the time of signing to witness the act. This is to ensure that the signature on the document is genuine and to assign responsibility for the signing.
4. Executing the Notarial Act: This involves the Notary performing the required notarial act, which could include taking acknowledgments, administering oaths and affirmations, taking verifications upon oath or affirmation, witnessing or attesting a signature, certifying or attesting a copy, and noting a protest of a negotiable instrument.
5. Recording the Act in a Notary Journal: Most states require Notaries to maintain a detailed journal of their notarial acts. This record helps in case of future disputes or legal proceedings.
6. Affixing the Notary Seal: After witnessing a signing and verifying all requirements have been met, the Notary affixes their official seal or stamp on the document. This seal includes the Notary's name, commission number, and expiration date of their commission, and it signifies that the notarization has been performed according to the law.

Notaries play a critical role in preventing fraud and protecting the interests of individuals and businesses by ensuring that the signing of documents is conducted properly and legally. The specific duties and the extent of authority granted to Notaries can vary by jurisdiction, and they are bound by the laws and regulations of the state in which they are commissioned.

What is an apostille and how do you get it in California?

An apostille is a form of authentication issued to documents for use in countries that participate in the Hague Apostille Convention of 1961. This international treaty streamlined the authentication process for documents to be used abroad, making it unnecessary to go through the lengthy chain of certificate authentication that was previously required. Essentially, an apostille certifies the authenticity of the signature on the document; the capacity in which the person signing the document acted; and the identity of any stamp or seal affixed to the document.

The apostille itself is a stamp or printed form consisting of 10 numbered standard fields. On the top is the text "Apostille, Convention de La Haye du 5 octobre 1961", followed by the fields which include information such as the country of origin, the person signing the document, the capacity in which that person acted, details of any seal on the document, the place and date of issuance, the issuing authority, the apostille number, and the signature of the authority issuing the certificate.

To get an apostille in California for uses in the Philippines, you need to follow these steps:

1. Prepare Your Document: Make sure your document is ready for an apostille. This means it should be an original document with a signature or a certified copy from an official source. Common documents that might need an apostille include birth certificates, marriage certificates, diplomas, and powers of attorney.
2. Check if Your Document Needs to be Notarized: Some documents might need to be notarized before they can receive an apostille. For instance, personal documents like Power of Attorney need to be signed in front of a Notary Public. Ensure that any notarization follows California's requirements.
3. Contact us at 1-323-927-2292 or email heart@filipinolawgroup.com so what we may assist you in making sure your documents are ready for the Philippines!