What does it mean for a notary to perform ministerial acts?

The correct interpretation of ministerial acts in the context of notary duties refers to the actions that a notary performs as part of their official capacity, but which do not involve the exercise of personal judgment or discretion. Instead, these acts are carried out in accordance with statutory regulations or prescribed procedures.

When a notary acts in a ministerial capacity, they are following a set process that has been established by law or official guidelines, such as witnessing a signature or notarizing a document. The emphasis is on the procedural aspect rather than providing judgment or legal interpretations. This aligns with the understanding that notaries do not provide legal advice or opinions, but instead facilitate and authenticate documents per the law's requirements.

The focus on performing ministerial acts rather than acting for a fee emphasizes that when undertaking these duties, notaries are functioning within a framework defined by governmental authority and legal guidelines rather than engaging in roles that suggest independence or personal legal counsel.

This understanding helps clarify the nature of notarial functions, distinguishing them from roles that might involve offering legal advice or acting in capacities where discretion is applied. Such roles would not fit within the defined scope of ministerial acts.