Colorado Notary FAQs

Colorado Notary FAQs

Here are some Colorado Notary Frequently Asked Questions (FAQs):

ABC Legal Docs logoQ1: What is a Colorado notary public?

A1: A public official appointed by the Colorado Secretary of State (SOS) to witness the signing of important documents and administer oaths.

Q2: Why are documents notarized?

A2: Documents are notarized to deter fraud and ensure they are properly executed.  An impartial witness, the notary, identifies signers to screen out impostors and to make sure they have entered into agreements knowingly and willingly.

Q3: Does notarization make a document “true” or “legal”?

A3: No.  A notarization typically means the signer acknowledged to the notary that he or she understands the document and is signing knowingly and voluntarily, or the signer vouched under oath or affirmation that the contents of the document were true.

Q4: May a notary give legal advice or prepare legal documents?

A4: No.  A notary is forbidden under Colorado law from preparing legal documents or acting as a legal advisor, unless he or she is also a licensed attorney.  A notary cannot answer legal questions or provide legal advice about your particular document.

Q5: May a notary prepare or notarize immigration papers?

A5: Only a few immigration forms must be notarized, such as the Affidavit of Support (I-134 or I-864).  U.S. immigration regulations state that no one may prepare or file another person’s immigration papers unless he or she is an attorney or a USCIS accredited representative.  Notaries may provide clerical, secretarial, or translation assistance with immigration forms, as long as they do not provide legal advice, and then may notarize these forms.

Q6: Is a Colorado notary the same as a notario publico?

A6: No.  In Latin American countries, the notario publico is a high-ranking official with considerable legal skills and training.  Unlike the Colorado notary, the notario publico drafts documents, provides legal advice, settles disputes, and archives documents.  A Colorado notary cannot do any of those things.

Q7: Can a Colorado notary advertise as a notario or as an immigration consultant?

A7: No.  A Colorado notary cannot use the words “notario” or “notario publico” in advertising, cannot claim to be an immigration consultant or expert, and cannot claim to provide legal services, unless the notary is also a licensed attorney.

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