Quote:
Originally Posted by onetwo_threefour
Actually you are dead wrong. As a lawyer, if my signature and seal goes on a document, presumptively I have given legal advice as to the nature and effect of that document. To do so is not a trivial undertaking. In my last post I should have said 'a minimum of $500' because it could well be more.
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When you go to a notary who is also a lawyer it is also important to inform the lawyer that you do not want the legal advice and just want a public seal. It's not dead wrong as for an example I do not want a lawyers council.
Notaries can only be held liable for actions they take while performing the notary function. For example, although notaries are responsible for attesting to the validity of a signature, they are not responsible for the validity of the document. It is not considered malpractice for a notary to attest to a signature on a document that he or she knows is invalid.
GUARANTEES ACKNOWLEDGMENT ACT
4(1) The notary public, after being satisfied by examination of the person entering into the obligation that the person is aware of the contents of the guarantee and understands it, shall issue a certificate under the notary public’s hand and seal of office in the prescribed form.
NOTARIES PUBLIC ACT
Powers and rights of a notary public
6(1) A notary public may, during pleasure,
(a) administer oaths and take affidavits, affirmations and declarations attested by the notary public’s signature and seal,
(b) draw, pass, keep and issue deeds, contracts, charter parties and other mercantile transactions in Alberta,
(c) attest all commercial instruments that are brought before the notary public for public protestation,
(d) exercise all the other powers that customarily pertain to the office of notary public, and
(e) demand, receive, and have all the rights, profits and emoluments rightfully appertaining and belonging to the calling of notary public.
(2) Notwithstanding subsection (1), the appointment of a notary public may be made so that the powers of the notary public are limited to the following:
(a) administering oaths and taking affidavits, affirmations and declarations attested by the notary public’s signature and seal;
(b) attesting all commercial instruments that are brought before the notary public for public protestation;
(c) issuing certificates under the Guarantees Acknowledgment Act;
(d) certifying copies of documents as being true copies.
(3) When a notary public administers oaths or takes affidavits, affirmations or declarations within Alberta for use within Alberta it is not necessary to their validity that the notary public affix the notary public’s seal to them.
Again notaries attest to the authenticity of a signature and
not the contents of the document.
Start with this:
On this date, the ___________, a man, appearing in his true character, who identified himself as **** *** ******* appeared before me,
______________________________________, a notary public residing in the CITY OF CALGARY in the PROVINCE OF ALBERTA, and attested to the truth of this legal document with his oath and autograph. And has not attained any legal advise by the Notary.
_________________________________
NOTARY PUBLIC
To deny service is unlawful, however, a notary can charge what ever they want as a notary fee, but can not force law as a lawyer if the PERSON is not asking for it. Both are public office and as such must act correctly and separately. Just because you can do both does not mean it is needed nor wanted at the same time. So as a PERSON I ask the notary "Notary please witness this document to make it public."