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A Notary Public, commonly referred to as a Notary, is an individual with the legal authority to witness and attest signatures on documents. Notarization is the official act of the Notary and requires such an individual to physically be present to ensure that all parties have signed such documents willingly. This process provides assurance to all parties involved that a certain signature has actually been made.
In today’s highly interconnected world, where contracts are regularly established between two parties located far away from each other, notarizing such paperwork helps reduce the risk associated with remote execution of agreements. This removes the potential for one party from denying having signed said document at a later date and time.
Notaries may also certify documents as true copies of their originals as well as administer oaths, solemn affirmations, declarations or affidavits/statutory declarations when necessary. Generally speaking, most of these powers originate from provincial or state legislation but are usually based off common law enactments which previously existed prior to codifying them into law.
For instance in Ontario – fulfilling specific qualifications and obtaining membership within organisations such as Ontario Notaries Society (ONS) is essential for officially practising as a Notary; furthermore it’s likely only lawyers will qualify for entrance into this field due to stringent standards enforced by relevant laws. In this province alone notaries have access to rights such as drawing up deeds/contracts and attesting commercial instruments amongst many others described in The Notaries Act.
All in all, Canadian Notaries serve invaluable purposes ranging from witnessing signatures through attestation, certifying documents and providing assurance against repudiation issues – helping protect the interests of both parties involved in an agreement or contract anyplace around the globe regardless if they are mere miles apart or thousands of kilometers north-south/east-west.
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