Notarization and attestation are required to verify the authenticity of documents with different legal purposes. While a licensed notary public carries out notarization to certify identity and intent, attestation involves a witness confirming a signature. Thus, understanding the difference is crucial when preparing documents for legal, official, or international use.
What is Notarization?
Notarization is a legal process conducted by a notary public to verify the authenticity of signatures, identities, and the voluntary nature of a document’s execution. It is a critical legal procedure used to prevent fraud and ensure that documents are trustworthy and legally binding. The key components are:
- Identity Verification: The notary confirms the identity of the person signing the document using valid identification such as a passport, driver’s license, or government-issued ID.
- Willingness and Awareness: The notary ensures that the signer is acting willingly, under no coercion or pressure, and is fully aware of the contents and implications of the document.
- Witnessing the Signature: The signer must sign the document in the physical presence of the notary. Thus, it eliminates the risk of forgery or post-signature tampering.
- Notary Seal and Certificate: Once satisfied, the notary affixes a seal or stamp and signs the notarial certificate, officially recording the event in their notary journal as it is required in many jurisdictions.
What Does Attestation Involve?
Attestation is the process through which a person confirms the authenticity of a document, signature, or declaration. It often happens by signing it themselves to verify that they have seen the act of signing or reviewing the document firsthand. The types are:
1. Statutory Attestation
- Required under specific laws, such as wills or deeds.
- It is performed according to the formal legal rules, such as the number of witnesses and witness qualifications.
2. Embassy or Consular Attestation
- It is used when documents such as educational certificates or power of attorney must be validated for use in another country.
- This involves certification used by the foreign embassy or consulate after local authority approvals.
3. MOFA Attestation (for Gulf Countries)
- In countries like UAE, Saudi Arabia, and Qatar, the Ministry of Foreign Affairs finally attests to documents for immigration, marriage, or employment.
The legal impacts of attestation are:
- Strengthens Enforceability: Courts value attested documents, especially when they involve contested issues like estate planning or POAs.
- Support Authenticity: Attestation offers a secondary layer of validation beyond the signer’s word.
- Avoids Fraud or Coercion: Attestation protects vulnerable signers by ensuring the act is voluntary.
Key Difference Between Notarization and Attestation
Notarization is a formal process conducted by a state-commissioned notary public. The main purpose is to verify the identity of the signer, ensure they are signing willingly, and confirm their understanding of the document’s content. A notary public checks a valid, government-issued photo ID and then witnesses the signature. Afterwards, the notary supplies an official seal or stamp and signs the document to complete the process.
- The state law regulates notaries and must keep a notary log in many states.
- Some states allow Remote Online Notarization (RON).
- It helps prevent fraud and is legally required for certain contracts to be enforceable in court.
On the other hand, attestation refers to the act of witnessing the signing of a document by another person and then signing as a witness. In the U.S., this does not require a notary license, but any competent adult can serve as a witness. Attestation does not involve verifying the signer’s identity or applying a seal. Moreover, the witness confirms that they observed the signer executing the document willingly and then signing their name. This is done alongside their printed name and contact details. It is used for personal legal documents such as wills, advance directives, living wills, and some powers of attorney.
- Such a process is not regulated by the law but needs to meet specific requirements when used in legal documents, such as a number of witnesses or disinterested parties.
- The main purpose is to confirm voluntary signing, not to certify the content or identity.
- Attestation adds credibility but doesn’t carry the same legal authority as notarization.
Who Can Perform Notarization vs. Attestation?
A commissioned notary public performs notarization. A notary is an individual authorized by the state government to act as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. To become a notary, a person must:
- Meet state-specific eligibility requirements such as age 18+, state residency, and no felony record.
- Apply for a notary commission through the Secretary of State.
- Purchase a notary seal and keep a notary journal in some states.
On the contrary, attestation is done by any competent adult who serves as a witness to the signing of a document. The witness must be present at the time of signing and be able to confirm that the signer signed voluntarily. Requirements may vary depending on the type of document:
- For Wills: Most states require at least two witnesses who are not beneficiaries or related to the testator.
- For Medical Directives or Powers of Attorney: The State may require witnesses to meet criteria such as being over 18 and not involved in the signer’s care or finances.
- For General Documents: Attestation is often informal and used to add credibility.
Conclusion
Understanding the difference between notarization and attestation helps ensure that the documents are legally valid and protected from fraud. While attestation is informal, notarization offers stronger legal assurance. For reliable document authentication, always consider using a certified notary service in The Woodlands, TX, to meet official needs.
