Myth 1: A notary proves the document is true or legally valid
Fact: A notarial act is not a legal endorsement of the document’s contents. The notary performs a specific act—such as taking an acknowledgment or oath—and verifies identity as required. The notary does not independently investigate every statement in the document or guarantee that the document is legally effective.
A useful way to remember the distinction is that the notary authenticates the notarial act, not the legal merits of the document.
Myth 2: Someone else can bring in the signer’s document
Fact: Personal appearance is central to notarization. For an in-person appointment, the signer appears before the notary. Where remote online notarization is authorized, a qualifying live audio-video appearance may satisfy the applicable rule.
A spouse or coworker generally cannot drop off another person’s signed document and ask the notary to add a seal without the signer participating in the required appearance.
Myth 3: Remote online notarization works the same everywhere
Fact: Remote-notarization authority is state-specific. Illinois authorizes qualifying remote and electronic acts under its statutes. California currently says its notaries may not perform remote online notarizations because a video image does not satisfy its present personal-appearance rule.
The signer’s location, the notary’s commission and physical location, the document, the receiving party, and the approved technology can all affect eligibility.
Myth 4: A driver’s license is the only acceptable ID
Fact: Identification methods depend on state law. Illinois recognizes personal knowledge, a qualifying credible witness, or qualifying identification documents. Florida likewise recognizes several identity paths and lists multiple forms of documentary identification.
If you do not have a driver’s license, contact the notary before the appointment instead of assuming the notarization is impossible.
Myth 5: An expired ID can never be accepted
Fact: This is a good example of why nationwide shortcuts fail. Illinois requires a qualifying identification document to be valid at the time of the notarial act. Florida’s statute permits specified identification that is current or was issued within the preceding five years, if its other requirements are met.
An ID that may fit one state’s rule can fail another state’s rule. Confirm the requirements before the appointment.
Myth 6: The notary can choose the certificate for you
Fact: A commissioned notary does not automatically have authority to make legal choices for a customer. Texas states expressly that a non-attorney notary may not select the notarial certificate for the customer.
If a document lacks notarial wording, the document recipient, issuing agency, or legal counsel may need to tell the signer which act is required. Barnes Notaries does not select legal documents or provide legal advice.
Myth 7: A notary is a legal adviser or document preparer
Fact: A notary commission is not a license to practice law. A notary can perform an authorized notarial act on a prepared document, but a non-attorney notary should not draft legal provisions, interpret an estate plan, or decide which form best accomplishes a customer’s legal goal.
Questions about the legal effect of a power of attorney, trust, deed, or other instrument should go to the document preparer or an attorney.
Myth 8: A notary can certify any photocopy
Fact: Copy-certification authority varies by state and by record type. Florida, for example, excludes vital records and public records when a certified copy can be obtained from the official custodian. Illinois apostille guidance requires officially certified copies for records such as birth certificates.
A photocopy of a birth certificate with a notary stamp is not interchangeable with a certified copy issued by the proper records office.
Myth 9: Family notarizations are always allowed—or always banned
Fact: Neither blanket statement works nationwide. Florida prohibits notarizing the signature of specified close relatives. Texas does not state the same family prohibition but warns about transactions in which the notary is a party or has a financial or beneficial interest.
The correct question is not simply, “Are we related?” It is what the commissioning state’s law and conflict rules require for that transaction.
Myth 10: A notarization replaces any witness requirement
Fact: A notary and a subscribing witness may serve different functions. Some documents require both witnesses and notarization. The document’s execution rules still need to be followed even when a notarial certificate is present.
Ask the document preparer or receiving party about witnesses before the appointment so the correct people can participate at the correct time.
Myth 11: Notaries can charge any amount
Fact: States may cap the fee for the official notarial act. Illinois currently provides a maximum of $5 for a non-electronic notarial act and up to $25 for an electronic notarial act, subject to the statute’s provisions. Illinois also requires itemized receipts and separates notarial fees from other charges.
A mobile appointment can include travel or other disclosed service charges in addition to the notarial act. Clear, itemized pricing helps customers understand the difference.
Myth 12: A commission lets a notary work anywhere in America
Fact: A commission is jurisdictional, not a nationwide license. An Illinois notary has Illinois authority and does not gain authority to cross into another state and perform an Illinois act there merely because the customer is nearby.
Remote electronic rules can produce a different result: an Illinois electronic notary must be physically in Illinois, while a remotely located signer may qualify from another location under specified conditions.
Myth 13: A document must be entirely in English
Fact: A foreign-language document is not automatically disqualified. The governing law may focus on whether the notary can understand the certificate, whether the signer understands the nature and effect of the instrument, and whether any required translation is provided.
Because the details vary, send only a general description before the appointment and confirm language needs without emailing sensitive document contents.
Myth 14: The notary issues the apostille
Fact: An apostille and a notarization are separate steps. The Illinois Secretary of State issues apostilles and Certificates of Authority for qualifying Illinois documents. A notarization or official certified copy may be needed earlier in the process, depending on the document.
Barnes Notaries can accurately offer apostille assistance without claiming to be the government office that issues the apostille.
Myth 15: Notary journals are optional everywhere
Fact: Recordkeeping requirements are state-specific. Illinois requires a journal of notarial acts, while Texas and California apply their own recordkeeping rules. A checklist written for one state should not be assumed to satisfy another state’s requirements.
The seal is also only one part of a completed notarization. Identity, appearance, the required act, and a completed certificate all matter.
Official references