William F. Smith: “Representative Aderholt's bill eliminates unnecessary impediments in handling the everyday transactions of individuals…”

“Representative Aderholt's bill eliminates unnecessary impediments in handling the everyday transactions of individuals and businesses. Many documents executed and notarized in one state, either by design or happenstance, find their way into neighboring or more distant states. If ultimately needed in any one of the latter jurisdictions to support or defend a claim in court, that document should not be refused admission solely on the ground it was not notarized in the state where the court sits. H.R. 1458 ensures this will not happen. A notarization in and of itself neither validates a document nor speaks to the truthfulness or accuracy of its contents. The notarization serves a different function--it verifies that a document signer is who he or she purports to be and has willingly signed the document. By executing the notarial certificate, the notary public, as a disinterested party to the transaction, informs all other parties relying on or using the document that it is the act of the person who signed it. Consistent with the vital significance of the notarial act, H.R. 1458 compels a court to accept the authenticity of the document even though the notarization was performed in a state other than where the forum is located.”