| Paralegal |
Supports lawyers in legal tasks; may assist with document preparation but cannot provide legal advice independently. |
Associate or bachelor’s degree in paralegal studies; certification optional but recommended. |
Legal Requirements and Qualifications to Become a Public Notary
Becoming a public notary involves meeting stringent legal and professional standards to ensure integrity, impartiality, and compliance with jurisdictional laws. These prerequisites vary by country and even by state or province, encompassing age restrictions, residency, background investigations, education, bonding, and adherence to ethical codes. Below, the mandatory qualifications, procedural steps, and regional variations are outlined to provide a comprehensive framework for aspiring notaries.
Mandatory Legal Prerequisites for Notary Commission
The qualifications to become a public notary are designed to ensure competence and trustworthiness. Key prerequisites typically include:- Minimum Age: Most jurisdictions require applicants to be at least 18 years old, though some states (e.g., California) mandate a minimum age of 18, while others (e.g., New York) require 18 with no additional constraints.
- Residency or Physical Presence: Many states mandate residency within the jurisdiction, though some (e.g., Florida) allow non-residents to apply if they maintain a physical office or meet specific criteria.
- Background Checks: Criminal history assessments are standard, with disqualifications for felony convictions related to fraud, forgery, or dishonesty. Some states (e.g., Texas) require fingerprinting and FBI background checks.
- Education and Training: While some states (e.g., Alabama) have no formal education requirements, others (e.g., California) mandate completion of a state-approved notary education course (typically 6 hours) and passing an exam.
- Language Proficiency: Notaries must be proficient in the language used for notarial acts, with some jurisdictions (e.g., New York) requiring fluency in English or another official language.
Checklist for Applying for a Notary Commission
The application process for a notary commission involves multiple steps, including documentation, bonding, and registration. Below is a structured checklist for a typical U.S. state (e.g., Texas):- Complete an Application Form: Submit a notary commission application to the Secretary of State or county clerk’s office, including personal details, residency proof, and background information.
- Pass a Background Check: Undergo fingerprinting and a criminal history review through the FBI or state agency.
- Obtain a Surety Bond: Purchase a notary bond (typically $7,500–$25,000) from a licensed surety company, ensuring financial accountability for errors or misconduct.
- Submit Proof of Education: Provide certification of completed notary education course (if required) and exam results.
- Take the Oath of Office: Sign a notarial oath or affirmation before a judge, notary, or authorized official, swearing to perform duties honestly and impartially.
- Register the Notary Seal and Journal: Purchase an official notary seal (embosser or stamp) and a tamper-evident journal to record all notarial acts.
- Pay Fees: Submit application, bonding, and registration fees (varies by state; e.g., $20–$100 for filing).
- Receive Commission Certificate: Upon approval, receive a commission certificate (valid for 4 years in most states).
Regional Variations in Notary Requirements
Notary laws differ significantly across jurisdictions, particularly in bonding requirements, renewal periods, and continuing education. Below is a comparative table for three regions: United States (California), United Kingdom, and Australia.
| Requirement |
United States (California) |
United Kingdom |
Australia (New South Wales) |
| Minimum Age |
18 years |
18 years |
18 years |
| Residency Requirement |
No residency requirement; must maintain a physical office in CA |
No residency requirement; must operate within England/Wales |
No residency requirement; must be an Australian citizen or permanent resident |
| Background Check |
Fingerprinting and Live Scan submission to DOJ |
Basic DBS (Disclosure and Barring Service) check |
National Police Certificate (NPC) check |
| Bonding Requirement |
$15,000 surety bond |
No bond required (but professional indemnity insurance recommended) |
No bond required (but some lenders may require indemnity insurance) |
| Education/Training |
6-hour state-approved course + exam |
No mandatory training (but voluntary courses available) |
No mandatory training (but some states require certification) |
| Renewal Period |
4 years (must complete 6 hours of continuing education every 4 years) |
5 years (no renewal requirements unless re-registering) |
3 years (must complete 2 hours of professional development every 3 years) |
| Notary Seal/Journal |
Required (embosser or stamp) + tamper-evident journal |
No seal required (but signature and date suffice) |
No seal required (but signature and witnessing details are mandatory) |
Ethical Guidelines and Prohibited Conduct for Notaries
Public notaries are bound by ethical standards to maintain public trust. Violations of these guidelines can result in disciplinary action, including fines or revocation of commission. Key ethical obligations include:- Impartiality and Neutrality: Notaries must remain unbiased and refrain from influencing parties in transactions. They cannot draft legal documents or provide legal advice.
- Conflict of Interest: Notaries cannot notarize documents in which they have a financial or personal interest, nor can they notarize for family members without disclosure.
- Fee Transparency: Charges must be reasonable and disclosed in advance. Some states cap fees (e.g., California limits fees to $15 per notarization).
- Record-Keeping: All notarial acts must be logged in a journal, including date, type of document, parties involved, and fees charged. The journal must be retained for a specified period (e.g., 10 years in California).
- Prohibition on Unauthorized Acts: Notaries cannot certify copies of documents they did not witness, alter documents after notarization, or engage in fraudulent practices.
Key Prohibitions from a Model Notary Code (e.g., NNA Model Notary Act):- Notarizing a document without the signatory’s positive identification (e.g., government-issued ID).
- Failing to maintain a complete and accurate journal of notarial acts.
- Charging excessive or undisclosed fees for notarial services.
- Notarizing documents for which the notary lacks jurisdiction or authority.
- Altering or backdating a notarized document after execution.
- Disclosing confidential information about a transaction or signatory.
- Allowing another person to use their notary seal or commission fraudulently.

Common Transactions and Documents Handled by Public Notaries
Public notaries serve as impartial witnesses and authenticators of legal documents, ensuring their validity and integrity across a wide range of transactions. Their role extends beyond mere signature verification, encompassing the verification of identities, the accuracy of information, and compliance with jurisdictional laws. The types of documents they handle vary significantly, from domestic legal instruments to international certifications, each requiring meticulous adherence to procedural standards. Below are the most frequent categories of documents notaries authenticate, along with structured workflows and specialized handling for cross-border transactions.
Categorization of Frequently Notarized Documents
Public notaries authenticate documents that require legal recognition, typically involving financial, real estate, or personal legal matters. These documents can be broadly categorized into domestic transactions and international/cross-border certifications, each with distinct procedural requirements.
-
Affidavits and Statutory Declarations
Written statements sworn under oath, often used in legal proceedings, immigration processes, or financial transactions. Examples include:
- Affidavits of Support (for immigration petitions, e.g., Form I-864).
- Statutory declarations for property transfers or inheritance disputes.
- Affidavits of Heirship (used in probate to establish lineage without a will).
Notaries verify the signer’s identity, ensure voluntary execution, and confirm the accuracy of the statements under penalty of perjury.
-
Powers of Attorney (POAs)
Legal instruments authorizing an individual (attorney-in-fact) to act on behalf of another in financial, medical, or legal matters. Common types include:
- General POA (broad authority over all affairs).
- Durable POA (remains valid if the principal becomes incapacitated).
- Limited/Special POA (restricted to specific acts, e.g., real estate sales).
- Medical POA (for healthcare decisions).
Notaries ensure the principal’s competence, absence of coercion, and compliance with state-specific formalities (e.g., witness requirements).
-
Real Estate Documents
Critical for property transactions, including deeds, mortgages, and lease agreements. Key examples:
- Warranty Deeds (transfer ownership with guarantees against liens).
- Quitclaim Deeds (transfer interest without warranties).
- Affidavits of Title (used in refinancing or tax assessments).
- Promissory Notes and Mortgages (secured loans for property).
Notaries verify the signer’s authority, confirm the document’s accuracy, and often witness the delivery of the deed.
-
Loan and Financial Instruments
Documents securing credit or validating financial transactions, such as:
- Loan Closings (notarization of final loan documents, including HUD-1/Closing Disclosures).
- Affidavits of Employment or Income (for mortgage approvals).
- Notary Certificates for Remote Online Notarization (RON) of loan agreements.
Notaries mitigate fraud risks by confirming the borrower’s identity and ensuring all parties understand the obligations.
-
Legal and Corporate Documents
Used in business formations, compliance, and litigation, including:
- Articles of Incorporation (notarized signatures of incorporators).
- Bylaws and Shareholder Agreements (for corporate governance).
- Affidavits of Loss (for stolen or destroyed documents, e.g., passports).
- Notarized Consents (for court filings or administrative proceedings).
Notaries ensure compliance with corporate law and prevent disputes over document authenticity.
-
Personal and Family Law Documents
Documents affecting individual rights, such as:
- Affidavits of Domestic Partnership or Marriage.
- Notarized Wills (in some jurisdictions, though self-proving affidavits are preferred).
- Child Custody Affidavits (for legal proceedings).
- Affidavits of Heirship (alternative to probate in certain states).
Notaries uphold ethical standards by refusing to notarize documents that may exploit vulnerable individuals (e.g., undue influence in wills).
Notarization Process for Real Estate Deeds: Step-by-Step Workflow
The notarization of a real estate deed involves multiple verification stages to ensure legal validity. Below is a structured flowchart outlining the process from initial consultation to journal entry.
-
Client Consultation and Document Review
The notary meets with the grantor (seller) and grantee (buyer) to:
- Verify identities using government-issued IDs (e.g., driver’s license, passport).
- Explain the deed’s purpose, risks (e.g., tax implications of quitclaim deeds), and notarial requirements.
- Check for completeness (e.g., signed deed, consideration amount, property description).
Note: Some states require the deed to be fully executed (signed) before notarization, while others allow notarization of the signature line.
-
Execution of the Deed
The grantor signs the deed in the notary’s presence, often with:
- A witnessed signature (if state law requires it).
- An acknowledgment of voluntary execution (e.g., "signed willingly and without duress").
-
Notarial Certificate Attachment
The notary affixes a certificate (acknowledgment or jurat) to the deed, specifying:
- Type of notarization (e.g., "Acknowledgment").
- Date, location, and notary’s printed name.
- Notary seal (embossed or electronic) and commission expiration date.
Example Certificate (Acknowledgment):
STATE OF [STATE]
COUNTY OF [COUNTY]On this [date], before me, [Notary’s Name], a Notary Public, personally appeared [Grantor’s Name], known to me to be the same person who executed the foregoing instrument, and acknowledged that he/she executed it voluntarily for the purposes therein stated. [Notary’s Signature]
[Notary’s Printed Name]
My Commission Expires: [Date]
[Seal]
-
Delivery of the Deed
The notary ensures the deed is delivered to the grantee or their representative (e.g., title company) in accordance with the grantor’s instructions. Some jurisdictions require:
- Witnesses to the delivery (e.g., escrow agent).
- A separate affidavit of delivery if the deed is mailed.
-
Journal Entry
The notary records the transaction in their official journal, including:
- Names of all signers.
- Type of document (e.g., "Warranty Deed").
- Description of the property (address, legal description).
- Date, time, and notary’s signature.
Journal Entry Example:
Date: [MM/DD/YYYY] Time: [HH:MM]
Document: Warranty Deed
Grantor: [Full Name] Grantee: [Full Name]
Property: 123 Main St, [City], [State] (Legal Description: [Lot/Sect])
Type: Acknowledgment
Notes: Signed in presence of [Notary’s Name], Commission # [XXX]
-
Notary Procedures: Step-by-Step Processes and Best Practices
The notarization process is a structured sequence of verification, identification, and documentation designed to authenticate signatures and prevent fraud. Adherence to standardized procedures ensures legal validity while mitigating risks for notaries, clients, and third parties. Below is a detailed breakdown of the sequential actions required during notarization, alongside comparisons of traditional and remote methods, risk-management strategies, and formal rejection protocols.
Step-by-Step Notarization Process
A notary’s workflow consists of three critical phases: pre-notarization verification, signature witnessing, and post-notarization documentation. Each phase includes specific checks to ensure compliance with state laws and notarial best practices.Pre-notarization verification
Before proceeding, the notary must confirm the validity of the document and the signer’s identity. This involves:
- Document authenticity: Verifying the document is legally permissible for notarization (e.g., no blank spaces, alterations, or unauthorized pre-filled fields).
- Signer eligibility: Ensuring the signer is of legal age (typically 18+) and mentally competent to execute the document.
- Identity proofing: Accepting only government-issued IDs (e.g., driver’s licenses, passports) that are unexpired, not suspended/revoked, and match the signer’s appearance. Temporary IDs or foreign credentials may require additional verification under state-specific rules.
Signature witnessing
The core of notarization requires the signer to appear in person (or via remote technology for RON) and acknowledge the document’s contents. The notary must:
1. Administer an oath or affirmation (if required by the document type, such as affidavits or jurats).
2. Witness the signing in real time, ensuring the signer’s handwritten signature matches the document’s intended signature.
3. Complete the notarial certificate with the correct type (e.g., acknowledgment, jurat, or proof of execution) and include:
- Date of notarization (must match the document’s date if specified).
- Notary’s printed name, commission details, and seal/stamp (for traditional notarization).
- For RON, a digital signature and timestamp generated by the platform.
Post-notarization documentation
After notarization, the notary must:
- Record the transaction in the notary journal (required in most states) with details including:
- Signer’s full name, address, and type of ID presented.
- Description of the document (e.g., "Deed of Trust").
- Date, time, and notary’s signature.
- Retain records for a minimum of 10 years (varies by state) to comply with subpoena or audit requests.
- Provide the signed document to the signer and, if applicable, a copy of the notarial certificate.
Comparison of Traditional and Remote Online Notarization (RON)
The rise of Remote Online Notarization (RON) has introduced technological alternatives to in-person notarization, each with distinct legal, security, and operational requirements. Below is a comparative analysis presented in tabular form:
| Criteria |
Traditional In-Person Notarization |
Remote Online Notarization (RON) |
| Legal Acceptance |
Universally recognized under state notary laws (e.g., Uniform Notarial Act). |
Legally valid in 35+ U.S. states (as of 2024) and expanding globally (e.g., EU eIDAS Regulation). Requires explicit state authorization. |
| Technological Requirements |
None beyond basic office supplies (notary seal, journal, ID verification tools). |
- Approved RON platform (e.g., DocVerify, Notarize) with encryption (256-bit SSL/TLS).
- Identity verification tools (e.g., biometric capture, knowledge-based authentication).
- Audio-visual technology for real-time interaction (webcam, microphone).
- Digital certificate for electronic signatures (e.g., eNotary commission).
|
| Security Measures |
- Physical presence reduces fraud but relies on notary vigilance (e.g., ID spoofing).
- Journal entries serve as audit trails.
|
- Multi-factor authentication (MFA) for notary and signer.
- Secure document upload with watermarking and tamper-evidence.
- Session recording (stored for 5+ years) for dispute resolution.
- Blockchain or timestamping for immutability (optional but recommended).
|
| Client Experience |
Requires physical appointment; limited to notary’s operating hours/location. |
- 24/7 access; reduced travel time for signers.
- Digital document handling (e.g., e-signatures, cloud storage).
- Potential language barriers if notary lacks multilingual tools.
|
| Liability Risks |
- Risk of forged IDs or impersonation.
- Failure to detect undue influence (e.g., coerced signers).
|
- Technical failures (e.g., internet outages, platform breaches).
- Signer identity fraud via deepfake or stolen credentials.
- Jurisdictional conflicts if document is used across states/countries.
|
| Cost and Scalability |
Lower upfront costs; limited to notary’s capacity. |
- Subscription fees for RON platforms ($20–$50 per transaction).
- Higher scalability for law firms or real estate agencies.
- Additional training required for notaries.
|
Key Consideration: While RON enhances accessibility, notaries must ensure compliance with state-specific RON laws (e.g., California’s SB 33 requires notaries to verify identity via credit header or knowledge-based questions). Traditional notarization remains the default in states without RON legislation.
Best Practices to Mitigate Liability Risks
Notaries face legal exposure if procedures are negligent or fraudulent. Proactive measures include:Identity Verification Protocols
- Reject expired or altered IDs: Even if a signer claims an ID is valid, cross-reference with state DMV databases (where permitted) or use tools like IDScan.net for digital verification.
- Document discrepancies: If a signer’s name on the ID differs from the document, require a signed explanation (e.g., "Name changed due to marriage; attached court order").
- Witness requirements: For RON, ensure a disinterested witness (not the notary or signer) is present if state law mandates it (e.g., for wills or powers of attorney).
Document Handling
- Avoid notarizing suspicious documents: Red flags include:
- Blank spaces or missing pages.
- Pre-signed documents (unless authorized, e.g., by a court).
- Requests to notarize a document with illegal content (e.g., fraudulent loans, counterfeit contracts).
- Clarify ambiguous requests: If unsure, consult the National Notary Association (NNA) or state notary division before proceeding.
Journal and Recordkeeping
- Complete entries in real time: Never backdate or alter journal records. Include:
- Exact time of notarization (e.g., "14:30" vs. "2:30 PM").
- Description of the document (e.g., "Affidavit of Heirs – Page 1 of 3").
- Retain digital copies: For RON, store session recordings and notarial certificates in a secure, encrypted database with access logs.
Client Communication
-

Public notaries rely on a combination of traditional tools and modern technology to ensure accuracy, compliance, and security in their daily operations. These tools range from physical notary seals and journals to advanced digital platforms that streamline document handling, verify identities, and maintain tamper-evident records. The integration of technology not only enhances efficiency but also mitigates risks such as fraud and legal non-compliance. Below are the essential tools, software solutions, and resources notaries use, along with guidance on selection, implementation, and emerging trends like blockchain adoption.
Notaries utilize a standardized set of tools to authenticate documents and maintain records. These tools are regulated by state laws and must meet specific security and durability standards.Notary Seals and Embossers
Notary seals serve as a physical mark of authentication, while embossers create raised impressions that are difficult to replicate. Most U.S. states require notaries to affix a seal to documents, though digital signatures may supplement or replace them in electronic transactions.
- Notary Seal Specifications:
- Must include the notary’s name, commission expiration date, and the state/county of jurisdiction.
- Typically circular or rectangular, with a diameter of 1–2 inches.
- Materials: Self-inking rubber stamps or metal embossers with durable ink or foil.
- Example: A self-inking notary stamp (e.g., Swingline or Arrow) with a 1.5-inch diameter, compliant with NASP (National Association of Secretaries of State) guidelines.
- Embossers:
- Create a raised impression on paper, often used for high-security documents like deeds or powers of attorney.
- Require a notary journal entry to correlate with the embossed document.
- Example: Arrow E-1200 Embosser with customizable dies for name and commission details.
Notary Journals
Journals are legal records of notarial acts, required in most states to prevent fraud and provide an audit trail. They must be tamper-evident and retained for a specified period (typically 5–10 years).
- Types of Journals:
- Physical Journals: Bound books with sequential numbering, tamper-evident seals, and carbonless paper for duplicate copies.
- Example: Mead Notary Journal with pre-printed state-specific forms.
- Electronic Journals: Software-based logs that comply with Uniform Electronic Transactions Act (UETA) and state laws.
- Features: Timestamping, GPS logging, and encrypted storage.
- Example: NotaryCam or Notarize with built-in e-journaling.
- Key Requirements:
- Record details such as signer names, document type, date, time, and acknowledgment type.
- Include a description of the signer’s identification (e.g., driver’s license number).
- Must be retained even if the notary’s commission expires.
Digital Signature Platforms
For electronic notarizations (e-notarizations), notaries use platforms that comply with ESIGN Act (2000) and UETA. These platforms enable remote online notarization (RON) and secure document execution.
- Core Features:
- Identity Verification: Video conferencing with ID scanning (e.g., Zoom + NotaryCam).
- Electronic Signatures: Qualified Electronic Signatures (QES) or Advanced Electronic Signatures (AES) via DocuSign, Adobe Sign, or PandaDoc.
- Audit Logs: Immutable records of the notarization process, including IP addresses and device fingerprints.
- State Compliance: Integration with state-specific RON laws (e.g., California’s AB 1818).
- Example Platforms:
- Notarize: Supports RON with Know Your Customer (KYC) checks and blockchain-backed certificates.
- Pavaso: Provides e-notarization with biometric verification and e-journaling.
- DocuNotary: Offers live video notarization with secure document uploads.
Guide to Selecting Secure Notary Software
Choosing the right notary software depends on factors such as state compliance, ease of use, and integration capabilities. Below is a comparison table of key features to evaluate when selecting a digital notary solution.
| Feature |
Notarize |
Pavaso |
DocuNotary |
123Notary |
| Electronic Journaling |
Yes (blockchain-anchored) |
Yes (GPS/timestamped) |
Yes (state-compliant) |
Yes (customizable fields) |
| Document Storage |
Cloud (encrypted, 10+ years retention) |
Secure cloud with versioning |
Encrypted storage with export options |
Local + cloud backup |
| Identity Verification |
- Video call + ID scan
- KYC/AML checks (optional)
- Video call + biometric ID verification
- Driver’s license/passport scan
|
- Live video + ID cross-check
- Third-party ID verification (e.g., ID.me)
|
- Video call + ID upload
- State-specific databases (e.g., DMV)
|
| Compliance Tracking |
Automated updates for state laws (e.g., RON statutes) |
Real-time compliance alerts for renewals/continuing education |
State-specific workflows (e.g., California, Texas) |
Customizable compliance templates for local ordinances |
| Integration Capabilities |
- DocuSign, Adobe Sign, Eversign
- API for law firms/title companies
- Salesforce, QuickBooks
- Blockchain integration (optional)
|
- Microsoft 365, Google Drive
- Custom CRM plugins
|
- Zapier, Slack
- Mobile app for field notarizations
|
| Pricing Model |
- Subscription ($30–$50/month)
- Pay-per-notarization ($10–$20)
- Flat fee ($49/month)
- Enterprise plans for agencies
|
- Tiered pricing ($29–$99/month)
- Free trial for 14 days
|
- Pay-as-you-go ($15–$30 per notarization)
- Annual discount (10–15%)
|
| Security Certifications |
- SOC 2 Type II, GDPR, HIPAA-compliant
- FIPS 140-2 validated encryption
- ISO 27001, AICPA SOC 2
- Biometric encryption
|
- AICPA SOC 2, PCI DSS
- 256-bit AES encryption
|
- SOC 2 Type I, EU GDPR
- End-to-end TLS 1.3
|
Key Considerations When Selecting Software:
- State-Specific Compliance: Ensure the platform adheres to RON laws in the notary’s jurisdiction (e.g., California’s AB 1818 vs. Texas’ Senate Bill 1252).
- Audit Trail Requirements: Verify if the software provides immutable logs for legal defensibility.
- User Experience: Prioritize intuitive interfaces for both notaries and signers (e.g., drag-and-drop document uploads).
- Scalability: Choose solutions that support bulk notarizations
Public notaries occupy a unique position at the intersection of legal compliance and administrative efficiency, bridging gaps between parties while mitigating risks of fraud or misrepresentation. From verifying identities with meticulous scrutiny to certifying documents with unassailable authority, their contributions are indispensable in both domestic and international contexts. As technology evolves—particularly with remote notarization and blockchain integration—the profession continues to adapt, ensuring that the principles of authenticity and accountability remain unwavering. For stakeholders in legal, real estate, or corporate sectors, grasping the nuances of notarial practice is not just informative but strategically imperative.
FAQ
What is a public notary and what do they do?
A public notary is a legally authorized official who verifies the identity of signers, witnesses signatures, and certifies documents to prevent fraud. They do not provide legal advice but ensure documents are executed correctly. Notaries can administer oaths and affirmations, and their services are often required for real estate, loans, and legal agreements.
What is the meaning of a notary public?
A notary public is a state-appointed official who serves as an impartial witness to the signing of important documents. Their role is to confirm the identity of signers, deter forgery, and authenticate signatures with their official seal or stamp. Notaries help ensure documents are legally binding and valid.
Is a public notary service free?
No, public notary services are not free. Notaries charge fees for their services, typically ranging from $5 to $25 per signature, depending on location and document complexity. Some banks or government offices may offer free notary services, but this is not universal.
What does "notary public" mean?
"Notary public" refers to an official appointed by a government (usually a state) to act as an impartial witness for the signing of legal documents. Their duties include verifying identities, preventing fraud, and certifying that documents were signed willingly and correctly. The title ensures the notary has met legal requirements and is authorized to perform these tasks.
Where can I find a notary public in Islamabad?
In Islamabad, you can find notary public services at government offices like the Pakistan Notary Public Office, banks (e.g., HBL, MCB, UBL), or private notary firms. Many law firms, embassies, and commercial centers also offer notary services. Always verify the notary’s credentials before use.
How do I find a notary public in Staten Island?
In Staten Island, you can find a notary public at local banks (e.g., Chase, Bank of America), post offices, UPS stores, or through online directories like the New York State Department of State’s notary search tool. Some mobile notaries also serve the area—check reviews or certifications before booking. Many pharmacies, libraries, and government offices provide notary services as well.
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