A notary public of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with general financial transactions, estates, deeds, powers-of-attorney, and foreign and international business. A notary's main functions are to validate the signature of a person ; administer oaths and affirmations; take affidavits and statutory declarations, including from witnesses; authenticate the execution of certain classes of documents; take acknowledgments ; provide notice of foreign drafts; provide exemplifications and notarial copies; and, to perform certain other official acts depending on the jurisdiction. Such transactions are known as notarial acts, or more commonly, notarizations. The term notary public only refers to common-law notaries and should not be confused with civil-law notaries.
Authentication is the act of proving an assertion, such as the identity of a computer system user. In contrast with identification, the act of indicating a person or thing's identity, authentication is the process of verifying that identity. It might involve validating personal identity documents, verifying the authenticity of a website with a digital certificate, determining the age of an artifact by carbon dating, or ensuring that a product or document is not counterfeit.
A digital signature is a mathematical scheme for verifying the authenticity of digital messages or documents. A valid digital signature on a message gives a recipient confidence that the message came from a sender known to the recipient.
Civil-law notaries, or Latin notaries, are lawyers of noncontentious private civil law who draft, take, and record legal instruments for private parties, provide legal advice and give attendance in person, and are vested as public officers with the authentication power of the State. As opposed to most notaries public, their common-law counterparts, civil-law notaries are highly trained, licensed practitioners providing a full range of regulated legal services, and whereas they hold a public office, they nonetheless operate usually—but not always—in private practice and are paid on a fee-for-service basis. They often receive generally the same education as attorneys at civil law with further specialized education but without qualifications in advocacy, procedural law, or the law of evidence, somewhat comparable to solicitor training in certain common-law countries.
An electronic signature, or e-signature, is data that is logically associated with other data and which is used by the signatory to sign the associated data. This type of signature has the same legal standing as a handwritten signature as long as it adheres to the requirements of the specific regulation under which it was created.
An exemplified copy is an official attested copy or transcript of a public instrument, made under the seal and original pen-in-hand signature of a court or public functionary and in the name of the sovereign, for example, "The People of the State of Oklahoma". Exemplifications can only be attested and executed by either the authority holding the record or the issuing authority. Exemplified copies are also usually an extract or transcript made directly from the original. They can be contrasted with certified copies which are attested by a public authority who does not necessarily execute the copy; are signed and sealed by the certifier, not necessarily the issuing authority or recorder; and are a facsimile, made from the original or not, and vary as to faithfulness, for example, fair copy, imitative copy, and so forth.
In corporate law, a stock certificate is a legal document that certifies the legal interest of ownership of a specific number of shares or stock in a corporation.
A Digital Postmark (DPM) is a technology that applies a trusted time stamp issued by a postal operator to an electronic document, validates electronic signatures, and stores and archives all non-repudiation data needed to support a potential court challenge. It guarantees the certainty of date and time of the postmarking. This global standard was renamed the Electronic Postal Certification Mark (EPCM) in 2007 shortly after a new iteration of the technology was developed by Microsoft and Poste Italiane. The key addition to the traditional postmarking technology was integrity of the electronically postmarked item, meaning any kind of falsification and tampering will be easily and definitely detected.
In the law, a seal affixed to a contract or other legal instrument has had special legal significance at various times in the jurisdictions that recognise it. In the courts of common law jurisdictions, a contract which was sealed was treated differently from other written contracts, although this practice gradually fell out of favour in most of these jurisdictions in the 19th and early 20th century. The legal term seal arises from the wax seal used throughout history for authentication.
An eNotary is a Notary Public who notarizes documents electronically. One of the methods employed by eNotaries is the use of a digital signature and digital notary seal to notarize digital documents and validate with a digital certificate. Also known as remote online notarization (RON), electronic notarization is a process whereby a notary affixes an electronic signature and notary seal using a secure Public key to an electronic document. Once affixed to the electronic document, the document is rendered tamper evident such that unauthorized attempts to alter the document will be evident to relying parties. The e-notary will use cryptography and Public key infrastructure to create, manage, distribute, use, store, and revoke the digital certificate. E-Notary will improve the overall security of the closing process with improved customer file tracking and knowledge-based identification authentication, helping to reduce the frequency of errors or fraud. The Electronic Notary also must keep an electronic register of each act performed.
The ANSI X9.95 standard for trusted timestamps expands on the widely used RFC 3161 - Internet X.509 Public Key Infrastructure Time-Stamp Protocol by adding data-level security requirements that can ensure data integrity against a reliable time source that is provable to any third party. Applicable to both unsigned and digitally signed data, this newer standard has been used by financial institutions and regulatory bodies to create trustworthy timestamps that cannot be altered without detection and to sustain an evidentiary trail of authenticity. Timestamps based on the X9.95 standard can be used to provide:
Trusted timestamping is the process of securely keeping track of the creation and modification time of a document. Security here means that no one—not even the owner of the document—should be able to change it once it has been recorded provided that the timestamper's integrity is never compromised.
In the U.S. state of Florida, a notary public is a public officer appointed by the governor of the state to take acknowledgments, administer oaths, attest to photocopies of certain documents, solemnize marriage, protest the non-acceptance or non-payment of negotiable instruments, and perform other duties specified by law.
A contract is an agreement that specifies certain legally enforceable rights and obligations pertaining to two or more parties. A contract typically involves consent to transfer of goods, services, money, or promise to transfer any of those at a future date. The activities and intentions of the parties entering into a contract may be referred to as contracting. In the event of a breach of contract, the injured party may seek judicial remedies such as damages or equitable remedies such as specific performance or rescission. A binding agreement between actors in international law is known as a treaty.
A public instrument is any legal instrument recorded with and authenticated by a public office or employee. To carry weight, any such instrument, must be genuine and authentic. Public instruments consequently must bear the name, title, and seal of the official that issued them, and should be written in the presence of witnesses who attested to them.
Formalities in English law are required in some kinds of transaction by English contract law and trusts law. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a deed, or to register it at a government registrar.
In the United States, a notary public is a person appointed by a state government, e.g., the governor, lieutenant governor, secretary of state, or in some cases the state legislature, and whose primary role is to serve the public as an impartial witness when important documents are signed. Since the notary is a state officer, a notary's duties may vary widely from state to state and in most cases, a notary is barred from acting outside his or her home state unless they have a commission there as well.
Teleadministration is based on the concept that documents in electronic format have legal value. Administrative informatics is not new, but for many years it was merely information technology applied to legal documents; that is, the reproduction of paper-based legal documents into electronic file systems. Instead, teleadministration turns this approach into its head. It is based on research conducted in 1978, the year when, at a conference promoted by the Court of Cassation, Giovanni Duni launched the then-futuristic idea that an electronic document could have legal value. 1978 was also the year in which the first research on digital signatures (RSA) was published in the United States, yet it would take more than twenty-five years for jurists and mathematicians to start working together.
The Documento Nacional de Identidad (DNI) (Spanish for 'National Identity Document') is the only personal identity card recognized by the Peruvian Government for all civil, commercial, administrative, judicial acts and, in general, for all those cases in which, by legal mandate, it must be presented. It is a public document, personal, and non-transferable and also constitutes the only title of right to the suffrage of the person in whose favor it has been granted. Its issuance is in charge of the National Registry of Identification and Civil Status (RENIEC).
The missives of sale, in Scots property law, are a series of formal letters between the two parties, the Buyer and the Seller, containing the contract of sale for the transfer of corporeal heritable property (land) in Scotland. The term 'land' in this article includes buildings and other structures upon land.
