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WHAT IS A
NOTARY PUBLIC?
A notary public is a state official
appointed by state government to witness the
signing of important documents, administer
oaths and affirmations, certify copies of
certain documents, and in some states write
affidavits, depositions, and protests. The
most important purpose of the notary public
is to make sure that the person who signed
the document is properly identified and that
there is a permanent record of the
information pertinent to the signing in the
notary journal. Please keep in mind that
state laws differ and that not all
notarizations in all states require
identification. |
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WHY ARE DOCUMENTS NOTARIZED AND
WHAT ARE SOME COMMON DOCUMENTS THAT WOULD BE
NOTARIZED?
Documents are notarized to deter fraud and to ensure
they are properly executed. An impartial witness
(the Notary) identifies signers to screen out
impostors and to make sure they have entered into
agreements knowingly and willingly. Loan documents
including deeds, affidavits, contracts, powers of
attorney are very common documents needing
notarization.
CAN I BECOME A
NOTARY IF I HAVE A FELONY OR MISDEMEANOR?
Regarding
misdemeanors, it depends on the nature of the crime
and how the state notary division looks at it.
Generally, crimes involving dishonesty, fraud, or
moral turpitude would disqualify someone from being
a notary public. All states bar those with felonies
from becoming a notary public.
HOW LONG IS A
NOTARY TERM AND CAN I RENEW MY NOTARY COMMISSION
AFTER MY TERM IS OVER?
In most
states, a notary public term is four or six years,
however, each state varies. All states allow for
commission renewal however, some states may require
you to take a class, exam, or complete paperwork and
submit it to the state.
WHAT ARE THE STEPS TO BECOMING A
NOTARY?
There
is an application; sometimes mandatory schooling;
some states have an online exam, others have no
exam. Most states require the notary to take an oath
of office that is filed with the county clerk where
their commission is based; a notary bond is required
in most states; then you would receive your
commission document or be informed that it was
prepared. Obtaining a notary stamp is the last step:
some states require a written authorization
certificate while others allow you to purchase one
before you even filed your application.
WHAT IS ERRORS AND OMISSIONS
INSURANCE?
It is
usually not required by law in most states, but
prudent to have some E & O insurance to protect
yourself from lawsuits due to honest mistakes. Note
that if you did something fraudulent, you are still
personally liable even with Errors and Omissions
Insurance.
WHAT
FEES DO I CHARGE?
Most
states have a maximum fee. Check your state's notary
division website or web pages to verify. Other
states have a fixed fee that you must charge without
giving discounts, etc. Other states have a set fee
for certain types of notarizations but not for
others. In such a case, the notary would have to
guess what to charge. It might be advisable to
charge a similar fee to what is prescribed for other
similar notary acts.
CAN A NOTARY NOTARIZE IF THE SIGNER
IS NOT PRESENT?
No, the
signer must personally appear before the notary
public. Some states allow a Proof of Execution where
another person can appear before the notary and
swear that a third party signed a document.
CAN A NOTARY NOTARIZE IF THE SIGNER
DOESN'T HAVE IDENTIFICATION?
State
laws vary on this point. Many states allow the
notary to "personally know" the signer and notarize
them without identification. Generally, a signer
should have valid government issued identification
such as a current drivers license, state or military
ID, or passport. Some states allow credible
witnesses to sign the notary journal and identify
the signer.
CAN A
SOCIAL SECURITY CARD, CREDIT CARD, OR MARRIAGE
LICENSE CONSTITUTE POSITIVE IDENTIFICATION?
No. In
most states, a proper identification should be a
picture ID with a signature, physical description,
and expiration date. A credit card with a picture
does not meet all of those criteria, nor do the
other choices.
CAN I NOTARIZE DOCUMENTS FOR FAMILY
MEMBERS?
Most state laws do not
expressly prohibit notarizing for a relative.
However, Notaries who do so in many instances will
violate statutes prohibiting a direct beneficial
interest. For example, if a Notary is asked to
witness his wife's signature on a loan document for
the purchase of a home they will share, he will
directly benefit from the transaction and should
disqualify himself.
The likelihood
of a direct beneficial interest is usually greater
with immediate family members -- spouse, mother,
father, son, daughter, sister or brother -- than
with non-immediate, such as in-laws, cousins,
nieces, nephews, aunts and uncles.
In many
instances, a Notary will have no beneficial interest
in notarizing for a relative and will not be
prevented by law from doing so. However, to avoid
later questioning of the Notary's impartiality, as
well as accusations of undue influence, it is always
safest for a signer to find a Notary who is not
related
WHO CAN BE A CREDIBLE WITNESS?
An
uninvolved person (someone not mentioned in the
document and not a family member ). Neighbors and
friends are commonly used.
WHAT DOES THE
NOTARY DO WHEN THEY MOVE TO A NEW STATE?
They have to terminate their
commission in the original state, and may apply to
become a notary in the new states
CAN ANOTHER
PERSON USE THE NOTARY'S SEAL?
Never!!! Only the notary whose
name is on the commission and seal may notarize
using that commission.
IF A NOTARY IS
NOTARIZING TWO DOCUMENTS FOR THE SAME SIGNER, HOW
MANY JOURNAL ENTREES ARE NECESSARY?
One journal entry signed by
the signer is necessary for EACH notarized
signature. Getting thumbprints in journal entries is
required in some states for deeds involving real
property. It is prudent to take a thumbprint in any
case since it deters fraud and cannot be forged.
CAN A NOTARY
PUBLIC NOTARIZE FOREIGN LANGUAGE DOCUMENTS?
Most states will allow a
notary to notarize documents written in a language
other than English providing that the notary section
is in English. The notary, however, must be able to
communicate with the signer without a translator.
CAN A NOTARY
NOTARIZE FOR AN ELDERLY PERSON WHO CANNOT SIGN THEIR
OWN NAME?
There is a signature by mark
or by "X" procedure allowed in many states. This
requires two subscribing or signing witnesses to be
present, sign the journal, and each witness writes
part of the signer's name on either side of the X.
CAN I NOTARIZE
A DOCUMENT WITH BLANKS IN IT?
You should either have the
blanks filled in or crossed out. A document with
blanks in it invites the content of the document to
be changed after its signed which would be a
liability for a notary public.
WHAT ARE SOME
CHARACTERISTICS OF THE NOTARY JOURNAL?
It should be bound and
sequential and have areas for the date, time, type
of notarization, type of document, name and address
of the signer, type of identification provided,
additional notes, signature of the signer, fee, and
thumbprint of the signer. Not all of these fields
are required in all states, but they are all
important.
HOW LONG MUST
I KEEP MY NOTARY JOURNAL?
You must keep your journal(s) during the entire
period for which you are a notary public. Some
states require that when an individual ceases to be
a notary for any reason, (including resignation,
death, revocation etc.) the notary or the notary’s
personal representative shall deliver, by certified
mail or other means providing a receipt, to the
County Clerk in the county in which the notary was
commissioned, the notary’s journal and other
records.
WHERE SHOULD A
NOTARY KEEP HIS OR HER SEAL AND JOURNAL?
Many states require the seal
and current journal in use to be kept under lock and
key. Even if your state doesn't require this, it is
prudent to keep that information locked up as the
journal has legal significance as it is a record of
the notarization of hundreds of documents and as the
seal could be used by a fraudulent person.
CAN A NOTARY
OFFER LEGAL ADVICE OR PREPARE LEGAL DOCUMENTS FOR
NOTARIZATION?
The notary is not allowed to
give legal advice and choosing the type of
notarization would constitute legal advice. A Notary
is forbidden from preparing legal documents or
acting as a legal advisor unless he or she is also
an attorney. Violators can be prosecuted for the
unauthorized practice of law, so a Notary cannot
answer your legal questions or provide advice about
your particular document.
DOES THE
NOTARY HAVE TO RESIGN THEIR COMMISSION WHEN LEAVING
THE COMPANY THAT PAID FOR THEIR COMMISSION?
No. They can keep their
commission as long as its valid. Please consult your
state notary website on this matter as each state
has different policies on many matters. The notary
must always be in control of their seal and journal
and in many states they must be kept under lock and
key with the notary being the only one with the key.
WHAT DO I DO
IF THERE IS NO ROOM FOR THE SEAL?
Either try to fit it in or
seal it over some of the text. Do NOT affix you seal
over a signature or notarial wording or you void the
notarization. You could also attach a loose
certificate.
CAN A NOTARY
REFUSE TO SERVE PEOPLE?
Only if the Notary is
uncertain of a signer's identity, willingness,
mental awareness, or has cause to suspect fraud.
Notaries may not refuse service on the basis of
race, religion, nationality, lifestyle, or because
the person is not a client or customer.
WHERE CAN I
REPORT UNETHICAL OR UNPROFESSIONAL NOTARIES?
Any
wrongdoing or illegal activity should be reported to
law enforcement and the appropriate
Notary-regulating state official (typically the
secretary of state, governor, lieutenant governor or
attorney general).
WHERE CAN I
REPORT UNETHICAL OR UNPROFESSIONAL NOTARIES?
Any wrongdoing or illegal
activity should be reported to law enforcement and
the appropriate Notary-regulating state official
(typically the secretary of state, governor,
lieutenant governor or attorney general).
WHAT IS A
MOBILE NOTARY?
A mobile notary is a notary
who travels to the client. There is no legal
distinction between a notary and a mobile notary as
the government has no rules regarding mobile
notaries and no paperwork necessary to become one
providing you are a notary public in your state.
Mobile notaries generally charge a travel fee on top
of notary fees.
WHAT TRAVEL
FEES CAN I CHARGE?
There are a handful of states
that regulate travel fees which can seriously affect
your income as a mobile notary. However, most states
allow the notary to charge whatever they like as a
travel fee. Other states require the notary to agree
with the customer either before engaging in travel
or before affixing the notary seal what the travel
fee would be which would be prudent in any case.
Arizona, Connecticut, Maryland, Nevada, New Mexico,
Rhode Island, Utah, and Washington all have
restrictions as to what travel fee a mobile notary
can charge.
ARE THERE
TRAINING COURSES OFFERED FOR NOTARIES?
In addition to many excellent
publications, many companies offer training courses
that can be scheduled in person, on-line or through
video purchase. Check
www.notarybonding.com for a list of reference
materials, training workbook and seminar offerings.
