What is the difference between Notarial Certification and Notarial Processing (Solemnization)?

In the legal world, terminology can be complex, and terms may often be used interchangeably. However, when it comes to notarial practice, a clear understanding of the differences between notarial certification and notarial processing (solemnization) is crucial for the proper functioning of the legal system and ensuring the legality of transactions and documentation.

Notarial Certification and Notarial Processing (Solemnization) are two terms frequently used in the legal context, especially concerning legal transactions and documents. Although these terms are often used interchangeably, there is a significant difference between them. In this article, we will explore these processes in detail, their purposes, and how they are applied in a legal context.

Notarial Certification:

Notarial certification is the process by which a public notary confirms the authenticity of signatures on a document and affixes their own seal. This is common practice for important documents such as contracts, powers of attorney, wills, or other legal documents. When a document is certified by a notary, it means that the notary witnesses that the signatures on the document are authentic and that the document was signed freely and with the understanding of all parties involved in the transaction. The notary does not verify the content of the document, only the authenticity of the signatures.

The process of notarial certification includes the following steps:

• Verification of the identity of the party signing the document.
• Confirmation that the party is aware of the document's contents.
• Verification that the signature on the document is handwritten and freely given.

After verifying all necessary details and conditions, the notary then certifies the document with their seal and signature. The certified copy of the document is considered legally valid and can be used as official evidence in legal proceedings or transactions.

Notarial Processing (Solemnization):

Notarial processing, often referred to as solemnization, involves the formalization of certain legal acts or deeds before a notary. Undoubtedly, the core of the notarial function lies in drafting notarial records of legal acts (normative-certification jurisdiction), i.e., drafting legal acts in the process of notarial processing. This service cannot be reduced solely to the certification of signatures and transcripts, but, in order to ensure legal certainty within the exclusive jurisdiction of a notary, it must involve the drafting of legal acts that play a crucial role in every national economy and legal traffic, such as legal acts concerning real estate or legal acts concerning the status of commercial companies, as well as legal acts involving persons who require certain protection. (Povlakić, 2012).

To solemnize a document or contract that the parties have executed in written form, it must be taken to a notary. The notary will verify whether the contract was executed in the prescribed form and explain to the participants the meaning, consequences, and all legal effects that the contract carries. The notary will alert the parties whose contract is being solemnized if there are unclear or ambiguous statements in it that could be subject to future disputes or would not be legally valid. If the parties insist on what is written in the contract, the notary will note that the parties were warned about the consequences that may arise.

Differences between Notarial Certification and Notarial Processing:

The main difference between notarial certification and notarial processing lies in the nature of the document or procedure that is certified or processed. While notarial certification confirms the authenticity of signatures on a legal document, notarial processing refers to formalizing a document before a notary.

Both practices are important in the legal system as they provide security and legal validity to documents and procedures. Depending on the country and legal regulations, the processes of notarial certification and notarial processing may vary in details and requirements, but they are fundamentally aimed at ensuring the legal validity and authenticity of legal transactions and procedures.