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Frequently Asked Questions

What is a notary public?

A notary public is an official commissioned by their stage government - usually by the Secretary of State's office - to serve the public by performing fraud-deterrent acts related to the signing of documents. These acts are referred to as "notarizations" or "notarial acts".

What does a notary public do?

A notary has four main responsibilities:

  1. Verify the identity of the person signing the document to be notarized.

  2. Verify the signer is signing the document of his/her own free will and is not being coerced, manipulated, or intimidated into signing. 

  3. Verify the signer's awareness of the contents of the document to be notarized.

  4. In some cases, notaries administer an oath or affirmation to a signer, requiring them to declare under penalty of perjury that, to the best of their knowledge, the information in the document to be notarized is true and correct.

What is a notary not allowed to do?

A notary public can't offer legal advice or draft documents for anyone else (the only exception being if the notary is also an attorney). Doing so is considered the unauthorized practice of law, and can get a notary into big trouble. 

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With the exception of states that allow RON (remote online notarization), notaries are not permitted to notarize a document without the signer or a signer's representative (someone with power of attorney, for example) physically appearing before the notary.

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A notary also isn't allowed to choose the type of notarization needed for a document. If the signer doesn't know what kind of notarization they need, the notary should advise the signer to ask the person who drafted the document.  

Why do I have to get my document notarized?

Notarization is required for some documents and circumstances because it discourages fraud, and protects the interests of the signers by ensuring they know what they're signing, and are signing of their own free will.

What kind of ID do I need to get something notarized?

The notary will need to see a valid, state- or federal-issued ID that has these four elements:

  1. Your photo

  2. Your signature

  3. The issuing authority (ex: State of Colorado for a Colorado driver's license)

  4. ID is either current, or expired by less than one year.

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Types of IDs that meet these requirements in Colorado are:

  • Driver's licenses

  • State-issued ID cards

  • US Passports

  • US Military IDs

  • Foreign passports

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What if I forgot my ID, or I just have a copy of it? Can I still get my document notarized?

Colorado law allows for a signer to use a credible identifying witness as identification if they don't have a valid ID. A credible identifying witness is someone who is either personally known to both the signer and the notary, or who is able to produce one of the valid forms of ID mentioned above. The witness is not allowed to have any personal interest in the transaction requiring the notarization.

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If you don't have a valid form of ID and can't produce a credible identifying witness, as frustrating as it may be, you won't be able to get your document notarized. 

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