Understanding Notarial Certificates: Private vs Public Form

The Key Difference You Need to Know

Notaries perform various acts, but understanding the distinction between private and public form certificates is crucial for both practitioners and clients. Let’s break down these essential documents.

Private Form: Witnessing Declarations

Think of private form as the notary being a professional witness. The notary records:

• The physical appearance of someone before them
• Declarations made under oath
• Details of identification
• The actual signing of documents

It’s like a detailed diary entry of what happened in the notary’s presence, complete with the client’s signature.

Public Form: Certifying Facts

Public form is more like an official declaration. The notary:

• Certifies facts directly
• Makes formal statements
• Issues official verifications
• Provides concise certifications

No client signature needed – the notary’s authority does the heavy lifting.

When to Use Which?

Private Form is best for:

• Recording verbal declarations
• Documenting appointments
• Witnessing important statements
• Creating detailed evidence

Public Form works better for:

• Confirming official facts
• Certifying documents
• Verifying information
• International use (especially with Apostille)

Practical Impact

The choice between forms can significantly affect:

• Legal weight of the document
• Acceptance in foreign jurisdictions
• Level of detail available
• Authentication requirements

Pro Tip

Always check the requirements of the receiving jurisdiction – they often specify which form they’ll accept.