Debunking Common Notary Misconceptions in Calgary, Alberta
May 25, 2024
Notarization
The role of notaries public in the business, real estate, and construction industry in Calgary, Alberta is indispensable. Their tasks, such as the authentication of documents, ensuring their legality, and fraud prevention, are essential to maintaining the integrity of various transactions. Despite the significance of their profession, numerous misconceptions about Calgary notaries exist that may mislead the general public or clients. These misconceptions may undermine the public’s trust in notaries and their services or may result in under-utilization or abuse of notary services. This comprehensive article aims to debunk such misconceptions to provide a correct understanding and appreciation for the valuable role that notary publics in Calgary, Alberta play.
Misconception 1: Notaries Public Only Witness Signatures
A commonplace misconception is that the primary role of notaries in Calgary is to simply witness signatures on documents such as business contracts, mortgage documents, and real estate transactions. While witnessing and authenticating signatures is a critical part of their job, the responsibilities of notaries expand way beyond this.
Notaries in Calgary, Alberta are also tasked with verifying the identity of the parties involved in a transaction to prevent fraud. They must ensure that the signatories are entering into agreements willingly and without any coercion. In real estate or mortgage transactions, notaries also ensure that all required documents have been properly executed and are in accordance with the laws of Alberta.
Further, Calgary notaries provide advice to parties about the potential legal implications of their actions. In business transactions, for instance, they may inform a company about potential legal pitfalls in a contract. The role of notaries thus extends beyond just witnessing signatures. They act as neutral facilitators that help to prevent fraudulent transactions, ensure parties understand contracts before signing them, and guarantee that the procedures are carried out correctly.
Misconception 2: Notaries Give Legal Advice
While notaries are indeed involved in legal processes such as the drafting and witnessing of contracts, they may not provide legal advice as a lawyer and may only notarize the document for authentication purposes only. Notaries ensure that the procedures followed in executing a document are correct and legal. They are not expected to give legal advice to parties about what actions they should take or about the legal consequences of their actions in Alberta law.
The notary does not provide advice about whether the deal is in the best interest of the party, or if the terms of the are fair or should be negotiated. Such advice would typically be under the role of a lawyer or a real estate advisor.
Of note, all mortgage documents in Alberta usually require authentication by lawyer.
Of note, all mortgage documents in Alberta usually require authentication by lawyer.
Misconception 3: Notarized Documents Are Always Legal
Another common misconception is that a document that has been notarized is inherently legal. However, the notarization of a document does not necessarily make it legal. The role of the notary in Calgary, Alberta is to verify that the document was signed freely by the individuals whose signatures appear, and to confirm the identities of the signatories. It is beyond the notary’s scope of work to ascertain the legality of the contents of the document itself.
For instance, if a contract is fraudulent or has illegal clauses, merely notarizing it will not make it legal. If a dispute arises later regarding the legality of the content of the document, the fact that it was notarized will not absolve any party from the consequences of having breached the law.
Misconception 4: All Documents Need Notarization
It is not true that all documents require notarization. The necessity for notarization varies depending on the type of documents and according to the legal requirements in Calgary, Alberta.
Typically, important documents involving significant legal implications or transactions such as real estate deals, acknowledgment of debt, certifying a document to be original, and business contracts require notarization. However, many everyday documents like personal letters or casual agreements do not require the services of a notary.
Most importantly many documents to be used outside Alberta must be notarization and commissioning of the document is usually not considered adequate.
Misconception 5: Electronic Notarization Isn’t Legal
With the rise of technology in every sphere of life, the legal industry in Calgary, Alberta has not been exempted from this digitalization. Alberta law has provisions that allow for electronic notarization in some instances. Contrary to belief, electronic notarization is indeed legal, so long as it is conducted accordingly to the rules laid down.
Hence, in this COVID-19 era, notaries in Calgary have adapted by offering services such as online notaries, virtual signings, or remote online notarization, whereby the signatory can remotely sign the document in the presence of the notary using an electronic signature. The notary then electronically notarizes the document.
Despite its legality, not all documents in Alberta may be notarized electronically. Therefore, it is essential to verify the suitability of electronic notarization for your documents with a professional notary in Calgary.
Conclusion
Notaries in Alberta play a crucial role in a myriad of transactions, from notarizing documents to verifying the authenticity of business contracts. The more you understand the role of a notary, the better you can utilize their services.
However, these common misconceptions can sometimes overshadow the essential services offered by notaries in Calgary, and create confusion about their role. Through understanding these misconceptions, individuals, businesses and organizations can ensure that they utilize notary services appropriately and effectively. Always consult a professional notary if you are uncertain about any aspect of the notarization process.
The blog is written by Team Laws & Beyond. Do not hesitate to contact us for a consultation to discuss your matter. Call us at 403-300-5297 or email us at info@lawsnbeyond.com and we will provide you with the support you need.
