Colorado real estate manual chapter 14

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A notary public (or notary or public notary) of the common law is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foren and international business.

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With the exceptions of Louisiana, Puerto Rico, Quebec, whose private law is based on civil law, and British Columbia, whose notarial tradition stems from scrivener notary practice, a notary public in the rest of the United States and most of Canada has powers that are far more limited than those of civil-law or other common-law notaries, both of whom are qualified lawyers admitted to the bar: such notaries may be referred to as notaries-at-law or lawyer notaries.

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For lawyer notaries, an appointment may be for life, while lay notaries are usually commissioned for a briefer term, with the possibility of renewal. For the purposes of authentication, most countries require commercial or personal documents which orinate from or are sned in another country to be notarized before they can be used or officially recorded or before they can have any legal effect.

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Therefore, at common law, notarial service is distinctly different from the practice of law, and giving legal advice and preparing legal instruments is forbidden to lay notaries such as those appointed throughout most of the United States of America. and some Canadian notarial functions are applied to domestic affairs and documents, where fully systematized attestations of snatures and acknowledgment of deeds are a universal requirement for document authentication.


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