101 Useful Notary Tips

8/18/2019 101 Useful Notary Tips

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N ATIONAL N OTARY A SSOCIATION

What information you must include in

Notary journaln The best proof againstforgeryn The exact way to perform aacknowledgmentn What to do if you notariz

after your expiration daten Howto handle post-dated documentsn Where to getdocuments notarized abroadn What

states specify IDs a Notary must usen

Notarizing for your spousen When Notariesare allowed to take depositionsn The bestway to detect a fraudulent IDn How toprotect your Notary seal n and more…


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Published by:

National Notary Association9350 De Soto Ave.Chatsworth, CA 91311-4926Telephone: (818) 739-4000Fax: (818) 833-1211eMail: [email protected] site: www.nationalnotary.org

Copyright © 2008 National Notary AssociationALL RIGHTS RESERVED. No part of this publication may be reproducedor used in any form without written permission from the publisher.

Second Edition

ISBN No.: 1-597670-45-6 Illustrations by Howard Fullmer and James Veo


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Acknowledgments .........................4Alterations & Corrections ............. 5Apostilles ......................................5Attorney In Fact ............................6Blind Signers ................................. 6Bonds ............................................7Capacity of Signer .........................8Certificates ....................................9Commission Expiration ..............12Commission Jurisdiction ............. 13Commissioning Process .............. 15Copy Certifications ..................... 15Credible Witness ......................... 16Dates ...........................................16Deeds ...........................................17Education ....................................17Embossers ...................................18Employer ..................................... 18E&O Insurance ............................19Fees .............................................19Female Signers ............................20Fingerprints .................................21Foreign-Speaking Constituents ...21Foreign Travel .............................22Identification of Signer ...............23

Immigration Documents .............26Impartiality .................................. 26Journal ......................................... 27Jurats ...........................................31Minors .........................................32Misconduct / Punishment ............ 32Notarizing for Relatives .............. 34Oaths / Affirmations ...................34Personal Appearance ................... 35

Reading the Document ................ 36Seals ............................................36Signature .....................................40Signature by Mark .......................42Unauthorized Practice of Law ....43Undue Influence .......................... 44Venue ..........................................45

TABLE OF CONTENTS

Welcome to 101 Useful Notary Tips. The many topics coveredin this book give you a generaloverview of the aspects andissues affecting Notaries,providing you with anunderstanding of the important

principles of notarization. These tips have been takenfrom our publications, The

National Notary magazine and Notary Bulletin newspaper,now an eNews publication,and describe situations that arecommon among the 50 states andU.S. possessions.

As a result, the informationin this book is general in nature,and may, therefore, conflict withspecific state laws. Always checkwith your state’s laws to ensureyou comply with the proceduresspecific to your state.


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How exactly do you take anacknowledgment?

Are there any special wordsthat have to be

recited? Notreally,

althoughit would

certainly behelpful ifa signer

walkedup to yourdesk saying

something like,“I acknowledgethat this is my

signature and I affixed it withoutduress.” But how often does thathappen? In most cases, the very actof approaching a Notary, saying,“I’d like to get my signaturenotarized,” and handing overthe signed document suffices asan acknowledgment. However,nothing prevents you fromasking, “Is this your freely madesignature?” n

May you fill out anacknowledgment certificate fromanother state if it comes with agiven document, or must youalways use the forms prescribedby your state’s law? That depends. If the out-of-state certificate is “substantially

compliant” with the required orcustomary acknowledgment formfor your state — and most of thetime it will be — go ahead anduse it. If it’s not or you aren’tsure, use a form prescribed byyour own state. Before you replace anycertificate, however, explain tothe signer why you’re not usingthe acknowledgment form thatcame with the document. Thatcan help avert automatic rejectionof your certificate in the otherstate. n

ACKNOWLEDGMENTS

4 n 101 U SEFUL N OTARY T IPS

2 Out-Of-StateForms

1 What’s TheWord?


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Any change written ona legal document should beinitialed by all parties signing thedocument. Any change written on anotarial certificate should beinitialed by the Notary. n

If someone calls back aftera notarization and tells you thatyou’ve made a mistake in fillingout a notarial certificate, tell themthat you, and you alone, mustcorrect that certificate. Only the Notary mayproperly write on the certificateportion of a notarized document. A certificate with thehandwriting of more than oneperson may raise suspicions oftampering. n

Of the15 republicsformerlycomprisingthe SovietUnion,onlyfour

(Kyrgyzstan, Tajikistan,Turkmenistan, Uzbekistan)have yet to adhere to the 1961Hague Convention treaty thatsimplifies authentication ofnotarized documents. Under the Hague pact, onlyone authentication certificate, anapostille , is needed to verify theNotary seal on a document sentto another nation. Ninety-twonations, including the UnitedStates, now subscribe to theConvention. The four former republics ofthe USSR have opted to rely onthe traditional chain-certificationmethod of authentication, whichcan require five or more separatecertificates, each

N ATIONAL N OTARY A SSOCIATION n 5

3 Initial It

4 Correct ItYourself

5 Back In TheUSSR

ALTERATIONS

& CORRECTIONS APOSTILLES


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verifying the previous one. For more information on theHague Treaty and authentication,

contact the U.S. State Departmentat 202-647-5002. n

In one sense, an attorney infact is a “legalized forger.” Why? Because statuteauthorizes the attorney in fact tosign the name of another person(“the principal”) on a legaldocument. Of course, the attorneyin fact also signs his or her ownname on the same document.Here’s how the two signaturesmight appear:

Mary Q. Smith,attorney in fact forJohn P. Smith, principal.

The attorney in fact need notbe a lawyer. Indeed, the typicalattorney in fact is a nonlawyerwho is the spouse or businessassociate of the principal. n

Beforenotarizingthe signature of a

blind person, be sure theindividual knows exactly what heor she is signing. Ask the sightless person totell you the document’s title (ortype) and its general purpose. If

there is any uncertainty, you mayhave to read the document aloudto the signer. As a matter of fact,several states, including Florida,Illinois and Indiana, requireNotaries to read the document toany blind signer. n


6 ‘LegalizedForgery’

ATTORNEY IN FACT

BLIND SIGNERS

7 Sight ToThe Blind


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In states that requireNotaries to be bonded, a bondprotects the public, not theNotary. Up to a specified amount(ranging from $500 to $15,000)the bond reimburses any personfor financial losses caused by aNotary’s mistake or misconduct,if the Notary cannot pay.However, once such funds arepaid out to a victim, the bondingcompany will seek to recover themoney from the Notary — andwill go to great lengths to do so. The Notary’s dual protectionfrom honest mistakes is, first,errors and omissions insurance,which is not mandatory in anystate, and, second, a detailed

journal of notarial acts, which,by describing all IDs relied on,shows the Notary’s reasonablecare. n

Often when a Notary leavesan employer who has paid forthat Notary’s commission andbond, the employer will try to“cancel” the bond, mistakenlythinking that liability for theNotary’s acts will otherwisecontinue, or in an effort to recover

part of the cost of the bond. However, neither the Notarynor the employer can cancel asurety bond. As a protection forthe public,law

requires the bond to remain ineffect for the full term of theNotary’s commission. Employers should know thatthe bond has no effect on theirliability for a current or formeremployee’s notarial acts; whatdoes have an effect on liabilityis whether the employer requiredimproper conduct. If an employer asks adeparting Notary for pro-ratedreimbursement for having paidthe bond premium, the Notaryshould be aware that he or she isunder no obligation to reimburse,especially if the Notary wasdirected to get the commission aspart of the job. n


Cancel ThatCancellation

BONDS

Bond No Shield8

9


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Oftentimes, representativesof small companies are asked to

sign papersfor their

organ-izationbutpossessnoproof

of theircapacity as

a representative.If the Notary’s certificate

makes no reference to orcertification of the signer as arepresentative, the signer canwrite “John Doe, Agent” oranything else after the signaturewithout the Notary requiringproof. n

Is it best to hand print or totype in the wording on a Notarycertificate? For writing on any legalform, legibility and permanenceare critical. A typewriter probablyhas the edge over hand printingin legibility, but the ink affixedby a pen (especially a fountainpen) is usually more difficult toremove than that affixed by atypewriter. All things considered, itis probably best to fill out acertificate by hand, printinglegibly with a fountain pen filledwith black ink. This also providesa document examiner with amplesamples of the Notary’s writing,in case the genuineness of thecertificate is later challenged. n

CAPACITY OF SIGNER


10Proof OfCapacity 11Pen vs.Typewriter

CERTIFICATES


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Many terms used in Notarycertificates or in documentspresented for notarization mayseem legalistic and complicatedwhen they actually have a simpleor familiar meaning. Here are afew examples: Affiant ............. Affidavit Signer

Attest .............................. Certify Depose ............................. Swear Execute ............................... Sign Executing Subscribing Witness ....................... Witness Instrument ................ Document Legalize ................. Authenticate Subscribe ............................ Sign Verification

Upon Oath ....................... Jurat n

It’s always preferable to fillout Notary certificate languagepreprinted or typed right on adocument, rather than to staple a“loose” certificate to it. Why? Because there is noabsolute protection against thecertificate’s fraudulent removaland reattachment to anotherdocument. There are, however,precautions a Notary can taketo make removal more difficult.One is to emboss the certificateand document together, writing,“Attached document bears

embossment,” on the certificate.Another is to write a briefdescription of the document on

the certificate.n

If you are asked to

perform a second notarizationon a document that has beenrevised, and to “ just send a newacknowledgment certificate withyour stamp and signature on it,”you must refuse. You should neversend anyone a completedacknowledgmentcertificatebyitselfbecauseit couldbeattachedto anunauthorizeddocument.When“reac-knowledging,” the documentmust be returned to you for abrand new notarization. Thismeans that all signers mustreappear to acknowledge thatthey are aware of the changes.(They don’t necessarily have tore-sign.) You must complete andattach a new notarial certificate.In states where a Notary journalis required, you also mustcomplete a new entry. n

12A Rose IsA Rose


13Precautions

14Back To TheBeginning


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Beware of blustering,browbeating, out-of-state

attorneys who insist that youuse Notary forms fromtheir own states, evenwhen these forms aren’t

in compliance withcertificates your state

requires you to use. No one — evena person with a law

degree — hasa right todemand thatyou disobeyyour ownstate laws. If your

state requires aparticular type of

notarial certificateyou may only use an out-of-stateNotary form if it is substantiallythe same. The out-of-state formdoesn’t have to be verbatimwith the form your state requires(unless the law specifies that it beverbatim), but it must contain thesame basic elements. If you have any doubtthat the out-of-state form issubstantially the same, use thecertificate for your state — anddon’t feel guilty! n

When stapling a “loose”Notary certificate to a document,it’s smart to take a fewprecautions to prevent its removaland fraudulent reattachment. In the certificate’s margin,write a brief description ofthe document, such as, “This

certificate is attached to grantdeed dated 7-11-09 and cosignedby Mary Smith.” (The NNA’s“pre-printed Notary Certificates”provide spaces for thisinformation.) If you have an embosserseal, either mandatory oroptional, you might emboss thecertificate and document together,then make a note in your journalthat this was done. n

Some notarizations areneither fish nor fowl. A notarialcertificate, for example, maycombine both acknowledgmentand jurat wording, and requirethe signer both to acknowledgea signature and take an oathfrom the Notary. Don’t be fazed.There are many such “hybrid”notarial acts. You may describe such anotarization in your journal as“acknowledgment/jurat” or“acknowledgment with oath” orthe like. n

15Out-Of-StateForms


16Prevent MisuseOf Loose Forms

17 HYBRIDS


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While a Notary may notdecide on his or her own whethera particular document requiresa jurat or an acknowledgment,nothing prevents the Notary fromexplaining the basic differencesbetween the two notarial actsso that a signer can make the

determination. “For a jurat, I have towatch you sign and give youan oath,” you might say. “Foran acknowledgment, I have topositively identify you and hearyou say that the signature isyours and willingly made. Now,which type of notarization do youwant?” If the signer still doesn’tknow, he or she should bereferred to the person or agencythat indicated the notarizationwas necessary. NOTE: If you’re askedto notarize a document titled“affidavit” that has no notarialform, execute a jurat certificate(i.e., “Subscribed and sworn tobefore me, etc.”). By definition,affidavits require jurats. n

Contrary to what someNotaries and clients believe, the“SS.” that often appears in thevenue portion of the notarialcertificate is not a space for one’sSocial Security number. The letters, which alsoappear as “SCT.”, are actually

abbreviations of the Latin wordscilicet , meaning “namely” or “inparticular.” AlthoughthelettershaveappearedonNotarycer-tificatesfor centuries,the absence ofthese two or three lettersin the venue does not affectthe validity of the certificate. n

18The CriticalDifference


‘In Particular’19


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It is a criminalact to impersonatea Notary,punishableby a fine,imprisonment orboth. Notaries who

fail to observetheir commission

expiration dates maybe subject to thesestiff criminalpenalties,especially ifthe failure was

intentional. If, for example, you area Tennessee Notary and yourcommission expires at midnight onJune 7 and you notarize on June 8or beyond, you may be guilty of aClass C misdemeanor. n

If you decide to resignyour Notary commission, notifythe secretary of state (or othercommissioning authority in yourstate) in writing and by certifiedor registered mail if possible,indicating an effective date ofresignation.

Surrender any officialrecordbooks to the officespecified by law, and if statelaw does not prescribe rulesfor disposing of your officialseal, deface or destroy it so thatit cannot be misused. Do notleave the journal or seal with anemployer. If you move from thestate that commissioned you,you normally must resign yourcommission — although a fewstates will allow you to keepit if you continue to work inthe state. n

COMMISSION

EXPIRATION


20 A Fine Thing

21 If You Resign


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What should you do ifyou inadvertently notarize aftercommission expiration? First, inform all signersfor whom you “notarized.” (Yetanother reason for recordingthe name and address for eachsigner in a journal of notarial

acts.) Since you weren’tofficially a Notary, signers ofcertain sensitive and importantdocuments like wills andproperty deeds may rush to get

these papers properlynotarized. In the

case of otherdocuments,there maybe lessurgency orneed todo so.

Somestates haveso-called“curative”lawsthat

recognizethe validity of imperfect

notarizations performed ingood faith if these acts aren’tchallenged within a certain timeperiod, typically one year fromthe date of notarization. Theselaws may apply to notarizationsperformed with an expiredcommission. n

It’s legally possible to be aNotary in more than one state atthe same time. A growing number of states,for example, allow out-of-stateresidents to apply for Notarycommissions if they work ormaintain an office in anotherstate. Thus, a New Jersey residentwho commutes to work in NewYork City every day may qualifyfor a New York State Notarycommission; that same person,of course, could also qualify fora New Jersey commission. Butthe New Jersey commission, sealand rules could only be used inNew Jersey, and the New Yorkcommission, seal and rules onlyin New York. A Notary declaringresidence in two or more statesnormally may not qualify for aNotary commission in both orall states simultaneously. Why?Because a Notary commissionapplicant must declare a state of

primary residence and that is theonly state that will then issue acommission. The state of primaryresidence normally is where one

22 Better NeverThan Late


COMMISSION JURISDICTION

23 ‘I’m ANotary-Notary’


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is registered to vote, holds adriver’s license, and pays stateincome taxes. n

Although it would beconvenient, your Notarycommission is not transferablefrom one state to another.

If youmove toa new state, you must “start fromsquare one” in applying for a newNotary commission.

A few states will even makeyou wait before you can apply.Montana, for instance, imposes aone-year residency requirement. Before moving to a newstate, don’t forget to surrenderyour Notary journal (if one mustbe kept) to the appropriate publicoffice, and to either surrender

your seal as law requires ordestroy or deface it so it can’t bemisused. n

Other states and nationsdon’t set the rules that governyou as a Notary — only the statethat commissioned you does. Irritatingly, though, out-of-state and foreign visitors willsometimes ask you to performnotarial acts that may be legal

for Notaries in their native jurisdictions but not in yours. A transplanted Floridian,for instance, might insist that youcan perform a marriage because,“Notaries in Florida do marriagesall the time.” Or a Latinoimmigrant might swear that youhave authority to certify his birthcertificate because, “Any Notario in Guadalajara could do it.” What makes suchrequests confounding is thatthe individuals are so oftenconvinced they are right andyou are wrong that they becomeangry. All you can do is tactfullyand patiently explain thatthe powers of Notaries differradically from state to state andnation to nation. n


25 Not In ThisState!

24 It’sNontransferable


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In most states, newly

commissioned Notaries must filetheir oaths of office (and bond,if applicable) within a specificperiod of time, or the commissionbecomes void automatically. InNew Jersey, for example, filingmust be completed within threemonths. Smart Notaries will nevernotarize before filing their oathand bond. Why? Because even thoughthe new Notary may have thebest intentions, unforeseencircumstances such as illness or

even simple forgetfulnessmay cause him or her tomiss the filing deadline.

An unpleasant resultcould be that any

notarizationsperformedwith thenow-voidedcommission

wouldhave to

be re-done,lestthey

be challenged as invalid. n

A single past convictionfor a crime does not necessarilymean an applicant cannot becomea Notary, especially if there havebeen many years of exemplaryconduct since the conviction. It is unlikely, for example,that a one-time conviction for

drunk driving or for disturbingthe peace would permanentlyprevent issuance of a Notarycommission. However, any person withmultiple felony convictions orwith even a single conviction fora crime of dishonesty — forgery,counterfeiting, fraud — has littlechance of ever receiving a Notarycommission. n

Anyone can “certify” acopy of a personally kept paperby attaching a personally signedstatement that it is identical to theoriginal. Corporations and private

COMMISSIONING

PROCESS


27 No Chance

26 First ThingsFirst!

COPY

CERTIFICATIONS

28 OfficialCertifiers


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institutions can certify copies oftheir papers by attaching a signedstatement from an authorized

employee and using theorganizational seal or letterhead. However, only Notaries,county recorders, custodians ofvital records, and certain otherpublic officers may officiallycertify copies as agents of thegovernment. n

A Notary may identify astranger either through ID cardsor the word of a reliable person,a “credible witness,” who ispersonally known by the Notary.This witness must swear (oraffirm) to the Notary that he/shepersonally knows the signer andhas the identity claimed. Since the word of a crediblewitness or witnesses is regardedas satisfactory evidence ofidentity and equivalent to a photoID, many Notaries think of acredible witness as a “walking,talking ID card.” n

You’re just about to notarizea document when

you realize that the date belowthe signer’s signature is severaldays later than today’s date. The signing date on adocument should always precedeor coincide with the date ofnotarization. If you notice adiscrepancy, you should pointit out to the signer, since adocument dated later than thenotarial certificate could bequestioned or even rejected bya recorder wondering how adocument could have been signedafter it was notarized. n


29 A WalkingTalking ID

30 A VeryImportant Date

CREDIBLE WITNESS

DATES


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Bonding companies reportthat well over two-thirds ofthe lawsuits targeting Notariesinvolve real estate deeds. If Notaries would make it apoint to double their caution innotarizing real property deeds,the nationwould see asignificantdecreasein forged,coerced andincompetentsignings —and theoftenreported“gridlock”in thecourt system would ease. Just imagine that you seethe words “Proceed Carefully”at the top of every deed younotarize. Then, take special painsto identify each signer and tomake sure that the signer appearsto be aware of the import of thedocument. n

Too many Notaries areappallingly ignorant of thevital precepts and practicesof notarization. A frighteningnumber aren’t aware that: • The document signer (or

subscribing witness) mustalways appear face toface before the Notary atthe time of notarization.• State law must always

take precedence overthe dictates of anemployer.• A signer

should notbe identified

based on an unsworn,informal introduction by athird party.

• A Social Security card or abirth certificate is worthlessas an identifying document.

• Notaries should not “lendout” their seals. n

EDUCATION

32 It’s Frightening


DEEDS

31Deed I Don’t


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High-tech office printers andcopying machines

that can duplicateany inked seal

are reviving theimportance of

the old-fashioned

Notaryembosser.

Thecenturies-old

Notary tool can deterfraud by identifying

original documents throughits three-dimensional impression.If your state law only requiresuse of an inking seal, adding anembossment will provide greaterinsurance against any fraudulentreproduction of the document.

On a multi-page document,a single embossment through allthe pages can make fraudulentreplacement of any one page— or of the Notary’s attachedcertificate — nearly impossible.A forger would not only have tocreate a new phony page, but alsoexactly duplicate the embosser’simpression. n

Just because your privateemployer paid for your Notarycommission, bond, seal,

journal and notarial supplies,doesn’t mean you can’t use thiscommission on your own time. The commission belongsto you, not your employer, andyou may notarize in the eveningsand during weekends — evenduring vacations, as long as youstay in the state in which you arecommissioned. Your employer can’t legallydemand that you keep the sealand journal in the company officeoutside business hours. The sealand journal are official adjunctsof the public office of Notary andthey belong to you, regardless ofwho paid for them. n

EMBOSSERS


33 Old-FashionedRevival 34It’s YourCommission

EMPLOYER


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Suppose you’re sued for anotarization you performed fiveyears ago; you had Notary errorsand omissions insurance at thetime, but the policy expired fouryears ago. Will you be covered bythat “E&O” policy for today’slawsuit? With most policies, youwill be. The typical E&O policy(called an “occurrence policy”)covers notarial acts occurring anytime during the policy term, even

when a lawsuit isfiled well after

the policytermexpires. Aslong asyou had a

valid Notarycommission at the time

and did not purposely breakthe law when you notarized,you should be covered. Be sure to keep and

safeguard your Notary E&Opolicy after its expiration date.The NNA recommends keeping itfor 10 years. n

If you charge mileage or atravel fee for driving to performa notarization, you should ensurethat your client understands andagrees to all fees before you evenget in the car. (We’re talkingabout the majority of the stateswhose laws don’t prescribe amileage fee for Notaries.) Over the telephone, youshould carefully explain thatthe mileage or travel fee is amutually agreed upon privatecharge that is entirely separatefrom the fee allowed by statutefor a notarial act. Once your client agreesupon a mileage or travel fee andunderstands that it is neitherrequired nor specified by law andwill be imposed in addition to theregular fee for a notarial act, youmay then get in your car. n


FEES

35 Am I Covered!? 36Agree To FeesIn Advance

E & O

INSURANCE


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Just because state lawentitles you to charge a specifiedmaximum amount for notarizinga signature (e.g., 50 cents, $1, or$10 per signature) doesn’t meanyou can’t charge less than thatamount — or charge nothing atall!

In fact, persons requestingnotarization of dozens or evenhundreds of documents at oncemay shop around for the

Notaryoffering the

best deal.Thus, if

you’re askedhow much

you’d chargeto notarize 200

documents for a condominiumassociation, you may be entitledto charge a totalof $1,000 if your state permits a$5-per signature fee. However,your chances of actually gettingthe job might be better if youoffer to do it for $400, or $2 persignature. n

Ever notice those occasionalstrange provisions in state codes

that say, “An acknowledgmentof a married woman may bemade in the same form as

though she were unmarried”. These are holdovers froma sexist era, surprisingly notso long ago, when a marriedwoman was assumed to be underthe physical and intellectualdomination of her husband (alegal concept known as femecovert ). In those days, a Notary bylaw had to question a marriedwoman out of the presence of herhusband to ensure there was noundue influence; but as womenwon the right to vote (1920) andwere recognized under law asmen’s equals, the states removedthese protective warnings fromstatute — though a few stillsurvive. n

37 BargainingAllowed


38 ‘Feme Covert’

FEMALE SIGNERS


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In the battle against forgersand impostors, requesting a

journal fingerprint is the Notary’sbest weapon of defense. Noimpostor wants to leave behindirrefutable evidence linking him

or her to a forgery. When asked to

leave a fingerprint,the impostor may

raise his voicein protest,bluster aboutan invasionof privacy orback away,claiming

he suddenlyremembered

leaving the dog in thecar with the windows closed,never to be seen again.

In all states exceptCalifornia, however, the Notaryis empowered only to ask thata print be left; he or she cannotinsist. Yet the request alonecan be enough to thwart animpostor. n

If you fingerprint as abusiness sideline, take at leastas much care in identifying thepersons you fingerprint as inidentifying the persons for whomyou notarize. U.S. Citizenship andImmigration Services (USCIS)

has reported a growing problemwith fingerprint cards submittedby individuals applying forcitizenship who cover up acriminal record by using anotherperson’s prints. This can easilybe done because many privatefingerprinting agencies don’t askfor identification. n

A Notary must communicatedirectly with a document signerin order to make accurate anduninfluenced judgments about thesigner’s identity, willingness andawareness. Communicating with the

FINGERPRINTS


FOREIGN-SPEAKING

CONSTITUENTS

39 Busted!

40 IDs Please

41CommunicatingWith Signer


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signer through a translator orinterpreter can lead to problems:a dishonest translator may

misrepresent the document to thesigner. The Notary should alwayscommunicate with the signer inthe same language, whether thislanguage be English, Spanish,Chinese, Farsi or even signlanguage. n

Some Notariesbelieve they needonly serve documentsigners who are U.S.citizens. They are sorelymistaken. Any member of thegeneral public, citizenor foreigner, who needsa lawful notarizationperformed must not be turnedaway. Notaries exist in everycountry, and they are relied on bythe foreign visitor to help processpaperwork that is often criticallyimportant in their lives. Notaries turning awayforeigners in large numberswould have an adverse impact oninternational relations. Only when an illegal orunauthorized notarial act isrequested is a Notary justified inrefusing to serve a non-native. n

If an American traveling orvisiting abroad needs a signature

notarizedon adocumentthat is tobe sentbackto theUnitedStates,

thisperson

should stop by the nearestU.S. consulate, since consular

officials have notarial powers.Visiting a foreign Notary for asimple jurat or acknowledgmentshould generally be avoided.The services of foreign Notarieswill be more expensive, andgetting their seals and signaturesauthenticated to facilitateacceptance in the United States

can be time-consuming. n


42 ‘DurnFurriners’

43Try A Consulate

FOREIGN TRAVEL


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On June 1, 2009, a wallet-size U.S. “Passport Card”will allow land and sea travelbetween this nation and Canada,Mexico, the Caribbean region,and Bermuda. The card may notbe used for air travel — only atraditional U.S. passport book

may be used for this purpose. The passport card isdesigned to serve the needs ofresident communities on ournorthern and southern borders. Itis not a globally accepted traveldocument, as is the passportbook. The card is a result ofthe Intelligence Reform andTerrorism Presentation Act of2004, requiring all travelersto present a passport or otherdocument that denotes identityand citizenship when entering theUnited States. n

Parents allowing childrento travel abroad with a relativeor friend may need to havetheir signatures notarized on anauthorization letter. A child visiting Mexicoescorted by persons other than his

or her parents, for example, mayneed a detailed letter of consent(mentioning dates and itinerary)

bearing the notarized signaturesof both parents, in addition tonormal travel documents. Ifasked about a particular nation’srequirements or what format aparental consent letter shouldtake, refer the questioner to theconsulate of the given country fora definitive answer. n

California, Florida andTennessee were the firststates to

stipulateexactlywhat IDs a Notary may use toidentify a signer. The allowed IDsinclude state driver’s licenses and

44 MexicanMisunderstanding


IDENTIFICATION

OF SIGNER

45 Kids Abroad

46 The Big Three


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official non-driver’s IDs, U.S.and foreign passports, and U.S.military IDs. The three generally

specify that any ID must containa photo, physical description,signature and identifying number,and must be current or have beenissued within the past five years. These are excellent IDguidelines for Notaries inany state. n

With ID cards, the Notarycan follow the less-but-not-morepolicy. If an ID card presentedby a signer reads “John AlbertSmith,” the Notary may acceptthe signature “John Smith,”“John A. Smith,” or “J. Smith.”The Notary, however, cannot

accept more than what appears onthe ID. For example, the Notarycouldn’t write “John AlbertSmith” on the notarial certificateif the ID only read “John A.Smith.” n

What does itmean when you seeexactly the same

photograph on all theID cards presented to

you by a documentsigner?

Or,

if theclothes

andbackground

in the IDphotos are

exactly thesame in all of the photos? It probably means you’relooking at counterfeit or tamperedidentification documents, becauseID-issuing agencies do notshare photos. And it’s highlyunlikely the signer would haveworn exactly the same clothesand stood in front of exactly thesame background during differentphoto shoots. Such improbable similaritiesare a “red flag” that shouldprompt you to examine the cardsclosely and to question theirbearer even more carefully. n


48 Photos Can’t BeIdentical

47 LessBut Not More


26/49

How many ID cards areneeded to positively identify asigner who is a stranger to theNotary? One good card may suffice,if there are no suspiciouscircumstances. By itself, agovernment-issued, photo-bearing

ID such as a state driver’s licenseor a U.S. passport can reliablyidentify a stranger. Of course, ifthere is any solid evidence thatthe card has been tampered with(e.g., new photo has been pastedover original photo), the Notaryshould decline the notarization. Further, even if the cardlooks good, any suspiciouscircumstances (such as thecardholder’s unfamiliarity withthe birthdate or address on thecard) should cause the Notary toquestion the validity of the ID. It never hurts to ask formore than one ID, even if thatsecond card is a Social Securitycard, student ID or otherdocument that might never byitself be convincing proof ofidentity. n

When you rely on a crediblewitness to identify a documentsigner who is a stranger, theremust be a chain of personalknowledge from you, the Notary,to the credible witness to thesigner. In other words, you must

personally know the witnessand the witness must personallyknow the signer. You should notidentify the witness using IDcards. Exceptions: In Florida andCalifornia, the Notary may relyon two crediblewitnesses whoare strangersif theybothhavevalidphotoIDs. n

49 One May BeEnough


50 Chain, Chain,Chain


27/49

The immigration documentmost often notarized is the

“Affidavit of Support,”requiring the Notary

to complete juratwording. The Affidavit

of Support is signedby a person promising

to financially supportan immigrant while

present in theUnited States. Like mostdocuments issuedby the U.S.Immigration andNaturalizationService (INS),

the Affidavit is tightly crammedwith wording, leaving little roomto affix a Notary seal. Even so,INS officials stress that a seal,if required by state law, mustbe affixed somewhere on theAffidavit. It should be positionedto cover minimal wording —ideally, over “boilerplate” wording— and never over signatures,typing or hand printing. Almost all INS documentsrequiring notarization bear juratsfor the Notary to complete. n

You’re kicked back in yourchair, relaxing after a day ofrelatively simple notarizations.The clock is inching toward fivewhen your last client approachesand asks if you can help himprepare immigration papers. Youpause, trying to remember the

rule — can you help or not? It all depends on what ismeant by “help.” A nonattorneycan offer clerical, secretarial ortranslating services to a personpreparing immigration papers,as long as no counseling onimmigration issues is offered. Only an attorney or trainedINS representative can offeradvice. n

Corporate employeeNotaries may notarize documentsfor the corporation, unless namedas a party to a particular

IMMIGRATION

DOCUMENTS


51Don’t OmitThe Seal

52 ImmigrationAssistance?

53 A ‘Firm’ Hand

IMPARTIALITY


28/49

transaction either individually oras a representative. Manystates even allow stockholders,

directors and officers of thecorporation to notarize with thesame limitations. To preserveimpartiality, however, it is alwaysbest if the notarizing corporateemployee, stockholder, directoror officer is strictly salaried anddoes not stand to gain financiallyfrom the transaction requiring a

notarial act. n

What’s up with attorney-Notaries? Can they notarize forclients? It depends on state law.California and Florida, forexample, give attorneys specialprivileges to notarize for clientswithout regarding their fees as adisqualifying interest. Oklahomaallows attorneys to notarize forclients as long as the documentwill not be filed in a caseinvolving that client. Other stateshave different rules. Because the role of theNotary as impartial witnessand the role of the attorney asadvocate are in basic conflict, itis always safest for the attorneyto find an uninvolved Notary tonotarize for a client, regardless ofstate law. n

For Notaries in our litigioussociety, there is no absolutedefense against being sued. Thereis, however, an all but airtightdefense against being foundliable in court: reasonable care,the degree of care used by thattheoretical “normal” person. Notaries who can clearlyshow they usedreasonable care inperforming anotarialactmaynotbe foundliable. Reasonablecare meansobeying everylaw (e.g., nevernotarize withoutthe signerpresent)and operatingcautiously atall times. It alsomeans keeping a detailed journalof notarial acts that describeshow each signer was identified— whether or not a journal isrequired by law. n


54 Attorney-NotaryPrivilege

JOURNAL

55 ReasonableCare


29/49

Your journal should be ascomplete a record of your notarialacts as possible. In addition to

entry spaces for dateand time, type ofnotarial act, typeof document,principals’

signatureand how thesigner wasidentified,most

Notary journals also

have a columnfor “Additional Pertinent

Information,” or the like. What isincluded in this space? Add any particulars aboutthe notarization that are notcovered by the other spaces, suchas where the act took place ifnot at the Notary’s office, whowas present, the number of pagesin the document and whether a“loose” certificate was attached. It’s also a good idea toinclude descriptions of thesigner’s behavior if it seemssuspicious (e.g., “Signer appearedextremely nervous.”) Be accurate,because everything you writedown could be important if your

journal is ever called into court asevidence in a lawsuit. n

Keeping and using morethan one Notary journal and sealat the same time is a bad idea. It can be difficult enoughkeeping track of just one journaland seal. If there were two, you’donly be increasing the possibilityof these items being lost, stolen

or used without your knowledge. Also, each journal wouldgive an incomplete picture of allthe notarial acts you performedover a given period of time, sincesome acts would be recorded inone journal and the rest in theother. A journal should becomplete in itself and provide afull, chronological accountingof official activities during yourcommission terms. n

You lost the sofa in amudslide, found your familyphotos two towns away after aflood, your personal computerhasn’t bounced back from anearthquake and you can’t findyour official seal or records.What would you do if you lostthese two vital notarial tools in anatural disaster? Notify in writing the officewhere the records (and possiblythe seal) would have been

56 Helpful Notes


58 S.O.S.

57 Too Much


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deposited. Return receiptrequested. Keep the receipt. Buy a new recordbook and

seal, noting in the front of the journal what happened to theold records. Be sure to order aseal that is noticeably differentfrom the old one to point out anyunauthorized use of the missingseal. n

An office filing system is nosubstitute for a bound journal ofnotarial acts. The entries in a journal,which should fully describeeach notarization and includethe signature of each documentsigner, can be safeguarded bythe Notary in a locked drawer;and the chronological listing ofnotarial acts on numbered, boundpages can reveal attempts toremove or tamper with entries. As protection both forthe public and themselves, allNotaries should keep boundrecordbooks of their notarial acts,even when not required to do soby state law. And these important

journals should be locked awaywhen not in use. Keeping file copies ofnotarized documents or ofmiscellaneous loose notespertaining to a notarization doesnot constitute a reliable andsecure record system. n

Courtroom trials caused bya Notary’s alleged misconducttypically occur from two tofive years after the contestednotarization. Years after the fact, aNotary normally cannot testifyaccurately in court about the

critical particulars of a notarialact without a recordbookto jog the memory. How can youprove to a judgeor a jury thatyou usedthe requireddegree of carein identifying asigner unless youhave a journalentry showingthe serialnumbersof the IDs yourelied on? Keepa journal ofnotarial actsfor your own protection. n


59 Don’t File It

60 If Memory Fails


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Even though your journalof notarial acts is a publicrecord, you should regard theinformation recorded therein assensitive and confidential. Always ask anyoneinterested in examining an entryto be specific about what they

want to see. Do not allow aimless“fishing expeditions” through

the journal,and never

surrendercontrol

of this

importantrecord to

anyone. People often

have intenselypersonal papers notarized. Itwould be a serious breach of thetrust placed in you, as a publicofficial, to disclose facts enteredin your journal to anyone unlessthe inquirer makes a formalrequest in writing, identifieshimself or herself, and providesspecifics about the act or actssought. When providing a photocopyof a journal entry, cover up otherentries on the page. n

Incredibly, many Notarieskeep copies of every documentthey notarize. Why incredible? Because they’re able toconvince every document signerthat leaving behind a copy ofwhat may be a quite sensitive and

personal paper is a requirementof law. It’s not. Only in certifying a copymight a Notary be justified inkeeping a backup copy as anotarial record. As long as you maintain adetailed and accurate journal ofnotarial acts, it isn’t necessaryto keep copies of the documentsyou notarize. Indeed, documentsigners would be rightfullyoutraged at any Notary whowants to keep a copy of apersonal document becausethe Notary may be too lazy tomaintain a journal. n

Most Notary journalsinclude a column for “AdditionalPertinent Information” orsomething similar. This spaceshould be used for any additionalinformation that will help you torecall the notarization. You mightinclude the number of pages inthe document, whether a loose

61Regard Data AsSensitive


63 Total Recall

62 Don’t KeepDocument Copies


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certificate was attached, wherethe notarization was performed(if not at your office), who was

present during the signing, andso forth. The more information youhave at your fingertips, the betterprepared you will be should anyone of your notarizations ever bequestioned. n

Be aware that the term“jurat” is still widely misused. Many people, even lawyers,apply this term to any andevery Notary certificate, even toacknowledgment forms. Correctly used, “jurat”only applies to the wording“Subscribed and Sworn (oraffirmed) before methis _____ day of _____,20___, by ___________,”or similar wording, found inaffidavits, depositions or otherwritten, sworn statements. n

You may have noticedthat the wording of most

jurat certificates is somewhatindefinite: “Subscribed andsworn to (or affirmed) before methis _____ day of _____,20___.” Subscribed and sworn to

by whom? One person? Ten? Ahundred? The number ofsignatures thatappear on thedocumentis not areliableindicatorof howmanysignersactuallyappearedbeforetheNotarybecausesignaturescan be fraudulently added afterthe document leaves your hands. A smart Notary willtherefore add and complete theshort phrase “...by (name ofsigner[s]).” at the end of the jurat,right after the year. n


JURATS

64 Jurats, JuratsEverywhere!

65 It’s In TheNumbers


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Can a child serve as acredible witness? Generally theanswer is no, even though statelaws rarely specify qualificationsother than that a crediblewitness be personally knownto the Notary. (In California,even a personally knowncredible witness must presentidentification.) A credible witnessmust be mature enough tounderstand the term “personallyknown.” Most children below theteen years can’t be expected tohave such judgment. Nonetheless, courts of lawmay, on occasion, recognizea child as a credible witnesswhose testimony can be taken asevidence. Whenever possible, a Notaryshould rely on a personallyknown adult (an individualat least 18 or 21 years old,depending on state law) to serveas a credible witness. If thewitness is ever to be under 18years old, it should only be anunusually mature and reliableperson in his or her late teens. n

In every state, it is acriminal act—eithera mis-demeanoror a felony— for aNotary orotherpublicofficial tointentionallyfill outa falsecertificate. It is also a crime to falsifya date, state that a personappeared before you at the timeof notarization when he or shedid not, and to state that youpersonally know a signer whenyou do not. Remember this the nexttime you are pressured to“fudge” when completing anacknowledgment or jurat form. Around the world, greatfaith is put in the truthfulness ofa Notary’s certificate. This is thereason the penalties for falsehoodare so severe. n

MINORS


67 It’s A Crime!66 I Was ATeen-Age Witness

MISCONDUCT/

PUNISHMENT


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If you know of a Notarywho makes a habit of performinghis or her official acts negligentlyor illegally, you should considerit your public duty to report thatindividual to the state Notary-regulating office. Reports can bemade anonymously.

Notaries are commissionedto protect the public interest, notviolate it. Just like bad policeofficers, bad Notaries must beweeded out at every possibleopportunity. One negligent ordishonest Notary discredits allNotaries. n

Certain intentional violationsby a Notary may result in threeseparate kindsof punishmentat thesame time.Suppose, forexample,a Notaryknowinglysigns andseals afalsecertificatestating a signer appearedwhen in fact he or she did not. First, the Notary may becriminally prosecuted for making

a false official certificate and/or for criminal conspiracy todefraud. The penalties: fines and/

or imprisonment. Second, the Notary maybe targeted by a civil lawsuitseeking to recover funds lostby a private citizen as a resultof the Notary’s illegal actions.The penalty: possible loss of allpersonal assets. And third, the Notary’s

commission may be revoked. Thehidden penalty: the unlikelihoodthat the Notary will ever againqualify for a commission orlicense of any kind (real estate,insurance, etc.). Always obey the law,particularly the law requiringevery signer to appear before youat the time of notarization. n

68 Tipster Notary


69 Triple Jeopardy


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NOTARIZINGFOR RELATIVES

It’s never a good ideato notarize for yourspouse, for two

reasons. First,the

financialand personal

affairs ofa husband and

wife are usually sointertwined that the Notaryrisks violating the state lawsprohibiting a financial orbeneficial interest. Second, a documentnotarized by the spouse ofthe signer is more likely to bechallenged in a court of law.Why? Because the Notary hasforfeited his or her essentialimpartiality, and it more readilymay be argued that the documentshould be voided due to undueinfluence — either by the Notaryon the signer, or by the signer onthe Notary. n

Either out of carelessness orapathy, too many Notaries fail toadminister legally required oathsto affiants (signers of affidavits),deponents and witnesses. There has been a surprisingnumber of civil and criminalcases thrown out of the courtbecause a Notary failed to give

an oath to a signer. Certain testimony can’t beused as evidence in court unlessthe testifier is under oath. Failureto give an oath within a specifiedtime may disqualify criticalevidence. In most cases, the oathwording is left up to the Notaryto create, but such wordingshould always contain the phrase,“Do you solemnly swear (oraffirm) that….” The oath-takermust answer aloud, or in writingif he or she cannot speak. n


71Don’t Forget ToGive Oath

OATHS/

AFFIRMATIONS

70 ‘I Can’t, Dear’


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Thoughmany states

empowerall theirNotariesto takedep-ositions,

onlyNotaries

who are

shorthandreportersqualified on astenotype machinenormally have the skills to do so. However, Notaries withoutsuch stenographic talents aresometimes asked to help takea deposition. The reason: theshorthand reporter in attendancedoes not have a Notarycommission, or is from anotherstate, and cannot therefore swearin the deponent or execute therequired jurat. NOTE: Missouri andCalifornia are two of the statesthat give automatic oath-administering powers to allqualified shorthand reportersresiding in the state — they don’thave to be a Notary to swear in adeponent. n

Why is it illegal to takean acknowledgment over thetelephone? First, because neither theNotary nor the caller can beabsolutely sure that the documentin the Notary’s possession is theexact document the caller wantsto acknowledge. Second, because identity,awareness and willingness to signcannot be definitively determinedby the Notary without the face-to-face presence of the signer.Without the Notary’s knowledge,for example, a signer could bemaking a phone call underduress of physical threat by asilent party. n

Once again your boss asksyou to notarize the signature of anabsent spouse or an absent client. A sticky situation, but, asalways, you must never comply.It’s a criminal act for a Notary to

72 The ‘Sten-Oath’


PERSONAL

APPEARANCE

73 Telephone Taboo

74 As a Matter ofFact…


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sign a certificate stating that anindividual was present when infact the person was not.

Some bosses are savvyenough not to make suchrequests. Others may have to beeducated. Articles copied fromthe pages of NNA publicationshave proven extremely helpfulin educating many an employer.Remember, though, that whendealing with your boss, the most

helpful tool of all is tact. n

You needn’t read anydocument you notarize,

other than to note itstitle, date and the

name of its signerand to scan forblank spaces. Youaren’t expectedto check for

inaccurateorfraudulentstatements.

However,should you

happen to know or note thatany document or transaction isdeceptive, false or fraudulent,

you are obliged to withhold yournotarial services — and report anyunlawful activity to the police orto your Notary-regulating office. Remember though, you areexpected to carefully read andheed every word in the notarialcertificates you fill out — you willbe held personally responsible for

their accuracy and truthfulness. n

Notarizing documentsthat “travel” between statesis becoming more and morecommon. So is the posing ofquestions like: “I’m notarizinga document that will be sent to(name of state). Can you tell mewhether that state requires aninking or embossing seal?” This question is based onthe assumption that Notaries inone state must follow the rules ofthe document’s destination statewhen notarizing.


76 Play By YourRules

SEALSREADING

THE DOCUMENT

75 Don’t Read This


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This is wrong. Notariesmust always follow their ownstate laws. According to Article

IV, Section 1, of the U.S.Constitution, each state mustrecognize the official acts of allother states. The lawful seal, certificatesand procedures used by a Notaryin one state cannot be rejectedas unlawful simply because theydo not comply with statutes in

another state. n

When your Notarycommission is expired, resignedor revoked, you must properlydispose of your official seal toprevent its misuse. But only a few states setprocedures for disposal of a seal.In Oregon, for example, a Notarywith a revoked commission mustdeliver the seal to the secretaryof state within 30 days and, ifthe commission just expiresnormally, the Oregon Notarymust destroy the seal as soon aspossible. Most other states don’t havesuch specific rules. In the absence of officialprocedures for disposing ofa seal, the ex-Notary shoulddestroy or deface the seal’sprinting face. A hammer andchisel can readily deface the softmetal in an embosser die, while aflame or scissors can usually do

the job with a rubber or plasticinking stamp. n

Black is widely regardedas the best ink color to use inaffixing an official

Notary signature orseal, because it iseasy to microfilmlegibly. Exceptions:Utah requires thata Notary sealbe affixedin purpleink so thatphotocopies ofthe notarizeddocumentcan readily bedistinguished fromthe original. Tennessee requires theseal to be affixed in anyphotocopiable color — but not inblack or yellow. n


78 Black Out

77 If Die Is Cast


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If your state requires youto use a seal, either an inkingstamp or an embosser, on everynotarized document, is there anyreason you can’t use two seals,both the inking stamp and the

embosser? No, as

longas theyaren’taffixedovereachother,nor over asignatureor otherwriting.

Bothtypes of seal offer an

advantage. The inkingseal imprints an image that canbe readily photocopied, one thatrecorders are always grateful tosee. And the embossing seal canprevent fraudulent replacementof a document page, or of anattached notarial certificate, if thepages and certificate are crimpedtogether. n

Notaries in the handful ofstates whose laws don’t requireseals may use them anyway. Infact, state officials encouragetheir use on documents sent outof state, because the absence ofa seal often causes a documentto be questioned or challenged in

states where seals are mandatory.Although the handful of

states don’t nominally mandateNotary seals, in effect they do:there is usually a requirementthat the Notary’s name, title andcommission expiration date bestamped, typed or printed in inkthat can be photocopied near theNotary’s signature. This is datathat appears in the seal in mostother states. n

Since most states require theNotary’s commission expirationdate to be affixed to eachdocument notarized, why nothave the date included within theseal, avoiding any possibility ofaccidental omission? Check yourstate’s Notary handbook becausea few states (such as Colorado)specify exactly what must go inthe seal. n

79 Double Dealing


80 By Any OtherName

81Signed, SealedAnd…Dated


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It’s summertime and thelivin’ is…somewhat lazy as manybusinesses roll up the carpets abit and relax. Now might be agood time to do some housekeeping,such as making sure your stampis clean and free of ink depositsand linty debris that could alter or

blur the impression.To clean the face of an

inking stamp, many Notariesmerely touch a piece of adhesivetape to the raised letters toremove paper particles or dust.

Note: Never use a sharp-edged instrument to clean yourseal — it could damage theletters. Similarly, avoid immersingthe stamp in water, since anyidentifying label may come off.In addition, do not employ atoothbrush or use soap, whichcould abrade and alter the seal’ssurface. n

A Notary’s seal should neverbe preprinted on documents, nomatter how many documents thatNotary witnesses each day. Each seal impression shouldbe personally and individuallyaffixed by the Notary, and only atthe time of notarization. Using preprinted sealsmakes it easy for the forger. n

Those two weeks at thebeach were great, but youweren’t prepared to spend someadditional time away from theoffice — in handcuffs. An unlikelyscenario, but it is important tobe clear that you are the onlyindividual legally allowed to use

your official Notary seal.Authorizing a supervisor

or co-worker to use this devicein your absence is foolish andpotentially felonious,particularlyif yourseal isusedto

perpetratea fraud.

Lock up your seal andrecord book before leaving theoffice, then kick back and reallyenjoy the summer! n


82 Cleaned YourSeal Lately? 84Foolish Felons

83 No PreprintedSeals


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If your office receives anotarized document

from anotherstate that doesn’tbear a Notaryseal, don’t

automaticallyassume that

the sealwas

omittedby mistake and

the document is invalid.A number of states don’t

require Notaries to affix officialseals on the documents theynotarize — though nothingprevents Notaries in those statesfrom doing so. Even though a seal maynot be mandated in a given state,Notaries may still be requiredto print, type or stamp suchinformation as their name andcommission expiration date.(The NNA’s U.S. Notary

Reference Manual is the bestsource on all such requirements.) n

Signature guarantees arenot notarial acts, and anyoneperforming a signature guaranteemust not use the title and seal ofa Notary Public when doing so.

Signature guarantees areused by banks and other financialinstitutions to authenticatesignatures on documents relatedto the transfer of securities. Thesignature on the document isvisually compared with anotherkept on file. Notarial acts, on the otherhand, are never based on thesimple comparison of twosignatures — only on carefulidentification of the signer, whomust be face-to-face before theNotary. n

Does a signature have to belegible before you can notarize it? That depends mainly onwhether the signature, legible ornot, is the same as that appearingon the person’s driver’s license


87 SignatureLegibility

86 A Tale Of TwoSignatures

SIGNATURE85 Where’s TheSeal!?


42/49

and other IDs. If an illegible scrawl is theperson’s normal signature, and

if the signature on the documentand marked in the journalmatches that on the IDs, thenthe unreadable signature may benotarized. (Always clearly printthe individual’s name under ornear the journal signature.) A note of caution:Unscrupulous persons on

occasion may write out theirsignatures illegibly so theycan back out of a contract byclaiming forgery; and forgersthemselves may sign a phonyname illegibly to complicate theirpotential prosecution for fraud. Always be sure to matchthe signatures between thedocuments, IDs and journal. n

If someone asks to notarizean affidavit and his signaturehas already been affixed, thatperson (called the affiant) mustsign the document again inyour presence. Why? Because your juratreads, “Subscribed (this means‘signed’) and sworn to beforeme….” Note the all-importantwords “before me.” However, if someoneasks you to notarize a deedor other document bearing anacknowledgment, it doesn’tmatter whether the signature

has been affixed in or out ofyour presence. The vital thingis that the signer be present to

acknowledge having signed.n

A faxed document may

lawfully be notarized only if itssignature is affixed by pen andink after the document comes offthe

fax machine.A glossy-surface faxed

document should never benotarized because its printingwill fade in time; it is best to firstphotocopy such a document onbond paper and then sign andnotarize the photocopy. A faxedsignature, of course, may neverbe notarized. n

N ATIONAL N OTARY A SSOCIATION 101 U SEFUL N OTARY T IPS n 41

89 Just The Fax

88 ‘Before Me’


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Teleconferencing has become anincreasingly common tool that

allows corporate teamsthousands of

miles apartto negotiate,draft and evensign contracts

withoutgetting on an

airplane or usingovernight delivery.

The documents are“signed” electronically

and some machinescan even affix a Notary

seal. However, beforeyou decide to notarize a

signature on a document500 miles away, be warned thatcurrent state laws don’t authorizesuch “remote notarizations.” Unless the document signeris in your physical presence, youmay not truthfully complete anotarial certificate stating that thesigner “appeared before you.” n

Can a signature by markbe notarized through a proofof execution by a subscribingwitness? It’s not a good idea, sincecustom (if not state law) haslong dictated that the Notary beamong the two or three witnesseswho watch the signer make the“X.” By definition, a subscribingwitness appears when theprincipal signer cannot. Though it may beinconvenient, it is best that themarker appear in person beforea Notary, along with the one ortwo other witnesses that may berequired by state law to identifythe marker and watch the mark asit is made. n


91From The ‘X’Files

SIGNATUREBY MARK

90 A Remote Idea


44/49

Just like an “X,” an inkedfingerprint may serve as the markof an illiterate or disabled person,as long as it is properly witnessedand there are no contraryspecifications about the format ofthe mark. The print should be

witnessed by at least one personin addition to the Notary, and thisperson would write the print-maker’s name beside the printand his or herownsignatureandaddressunderneath.

A properlywitnessed mark — whether afingerprint, an “X” or any othersymbol — is a legally recognizedsubstitute for a signature. n

Notaries should not decidethe type of certificate or notarialact a particular document needs,since this decision can haveimportant legal ramifications. Thesigner should be asked to find outthe required type of notarizationfrom the agency that issued orthat will receive the document. An exception occurs whenthe Notary’s own office is theissuing or receiving agencyand the type of document tobe notarized is quite familiarto the Notary. In this case,the Notary, wearing the hat ofproperly trained and experiencedemployee, might prescribe thetype of notarial form that trainingand experience indicates isappropriate. All Notaries, however,are allowed some latitude incertificate selection. If, forexample, a Notary is askedto notarize a deed bearing anacknowledgment form for anindividual when the signerwants to sign as a partner, thenthat Notary may select and usea partnership acknowledgmentform; the basic decision ofwhether to perform an


UNAUTHORIZED

PRACTICE OF LAW

93 Wearing MoreThan One Hat

92 Print ‘X’ception


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acknowledgment or a jurathas already been made for theNotary. n

If you are a secretary orclerk who types important legal

documents for others, you mustbe careful not to give legal advice

nor tell your clientshow toword adocument.

It iscritical torememberthat, as anonattorney,you areprohibited

from offeringany advice or

recommendationsto the individualdictating the

information. Transcribing theperson’s words exactly as spokenwill protect you from possibleprosecution for the unauthorizedpractice of law. n

A Notary must never attemptto influence a person to sign ornot sign a document requiringa notarial act by that Notary.That would be undue influenceand a potential legal reason forinvalidating the document. There is one exception tothat rule. If a Notary knows that atransaction is false, fraudulent orillegal, the Notary has an ethicalduty to refuse to notarize and, asa responsible public official, maytry to influence the parties not toproceed. n

You’ve wined and dinedthe client for months and you’vefinally got a deal. The onlypiece of business left is to signand notarize the documents anddeposit that commission check. But wait a minute — as aNotary you are expected to be animpartial witness. Even thoughsome states will permit notarizing


95 Maintain YourImpartiality

UNDUE

INFLUENCE

96 Conflict OfInterest

94 Speak No Evil


46/49

for a sales client, a betterbusiness practice would be tohave someone outside the deal

(such as a salaried secretaryin your office) perform thenotarization. You are thenbetter protected against possibleallegations of high-pressure salesand undue influence. n

Placed at the top of anotarial certificate, the venueindicates the state and county(and sometimes the city) in whichthe notarization occurred. SinceAlaska and Louisiana have nocounties, the judicial district andparish, respectively, replace thecounty in the venue for thosestates. But Notaries in our nation’scapital need not be any moredetailed in their venue than“District of Columbia.” n

Whenever you have tostaple a “loose” Notary certificateto a document because thedocument’s preprinted notariallanguage is not appropriate,write in bold, block letters,“SEE ATTACHED NOTARYCERTIFICATE,” near the

unused preprinted notariallanguage on thedocument.Thiswillalerttherecorderor otherdocumentrecipient incase the stapled form has beenpurposely or inadvertentlyremoved. It’s not necessary to crossout or line through the unusedNotary certificate language onthe document when you attacha loose certificate. Your neatlyprinted message will be all that’sneeded. n


VENUE

97 Venue Variations

98 Loose Ends


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The wording, “Subscribedand sworn to before me by ___on this ____ day of ____, 20 ___”constitutes a typical jurat and,when appearing with a statementof venue (“State of _____, Countyof _____”), is a full-fledged No-tary certificate. No other certifi-

cate wording is needed. Yet, believing that more thanthis brief wording is necessary,many Notaries want to also attachan acknowledgment certificate.

Acknowledgments and jurats are very different forms ofnotarization. Just leave that juratalone — it’s all you need! n

In many affidavits, the venuefor the notarization may appearat the beginning of the document,separated from the jurat wordingat the end of the affidavit by theaffiants’ statement. This is nocause for “separation anxiety.”Such a “sandwich” format is verycommon with affidavits. n

Every notarial certificatemust have a venue (“State of_____, County of _____”), indi-cating where the notarization wasperformed. If you

havestatewide

jurisdiction,the county you

write in thevenuewill not

necessarilybe the same county that may beimprinted by your Notary seal orstamp, which is the county whereyour oath of office and/or bondhave been filed. n


100SeparationAnxiety

101Where Am I?99 Leave It Alone


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The National Notary Association is the professional organizationserving the nation’s nearly five million Notaries Public with a wide variety ofinstructional programs and services. As the nation’s clearinghouse for information on notarial laws,customs and practices, the NNA educates its members through regular andspecial publications, seminars, an annual national conference and a host ofeducational services. The Association is perhaps most widely known as the preeminent publisherof literature for and about Notaries. Major NNA publications include:

• The National Notary magazine • Notary Public Practices & Glossary • State Notary Law Primers • Notary Law & Practice: Cases & Materials • Notary Home Study Course • U.S. Notary Reference Manual • Sorry, No Can Do! Series

In addition, the NNA provides Notaries with the highest qualityprofessional tools and supplies, including a popular instructional video series,seals, embossers, recordkeeping journals, fingerprinting devices and notarial

certificates. Though dedicated primarily to educating and assisting Notaries, the NNAdevotes part of its resources to helping lawmakers draft notarial statutes and toinforming the public about the Notary’s vital role in modern society.


9350 De Soto Ave.Chatsworth, CA 91311-4926Telephone: (818) 739-4000

Fax: (818) 833-1211Web site: www.nationalnotary.org

ABOUT THE

NATIONAL NOTARY ASSOCIATION


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101 Useful Notary Tips

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