Notary vs. Notary Public: What's the Difference?

The terms "notary" and "notary public" are often used interchangeably, but there are important distinctions. Learn the difference between a notary, notary public, and notary signing agent.

Are "Notary" and "Notary Public" the Same Thing?

In everyday conversation, "notary" and "notary public" are used interchangeably - and they refer to the same official position. A notary public is a person commissioned by their state government to perform notarial acts such as witnessing signatures, administering oaths, and certifying copies of documents.

The shorter term "notary" is simply an informal abbreviation of "notary public." There is no functional difference.

What Does a Notary Public Do?

A notary public serves as an impartial witness to prevent fraud. Their core duties include:

• Verifying the identity of document signers
• Witnessing signatures on important documents
• Administering oaths and affirmations
• Certifying that copies are true copies of originals
• Protesting negotiable instruments (in some states)

Notary Public vs. Notary Signing Agent

A Notary Signing Agent (NSA) is a notary public who has additional training and certification to handle loan signing packages. They are commonly used in real estate transactions to witness the signing of mortgage documents.

Key differences:

Feature	Notary Public	Notary Signing Agent
Base commission	Required	Required
Loan document training	Not required	Required
Background check	Varies by state	Typically required
E&O insurance	Not required	Often required
Fees	$5-$25/document	$75-$200/package

What a Notary Cannot Do

Despite their official status, notaries have important limitations:

• A notary cannot give legal advice (unless they are also an attorney)
• A notary cannot notarize their own documents
• A notary cannot notarize documents where they have a direct financial interest
• In most states, a notary cannot notarize documents for close family members
• A notary cannot verify the accuracy of the document content - only the identity of the signer

Civil Law Notary vs. Common Law Notary

In the United States, notaries operate under the common law tradition - they are ministerial officers who perform limited, defined functions. This is different from civil law countries (like France, Germany, Mexico) where a notario publico or civil law notary is a highly trained legal professional with extensive powers to draft legal documents, similar to an attorney.

When documents from Latin American countries reference a "notario," they are referring to a much higher-credentialed official than a typical U.S. notary public.