1. Am I allowed to notarize the document?
The primary concern is to determine if the laws in your state or jurisdiction permit you to carry out the requested action on the document. While most cases involve straightforward acknowledgments or jurats, some situations may be more complex, such as the Form I-9 used for verifying employee eligibility to work in the U.S.
The I-9 Form does not require notarization, but the Handbook for Employers mentions that a Notary Public can assist a new employee in completing Section 2 as an "authorized representative." Different states offer specific guidance to Notaries regarding I-9 forms. For instance, in Texas, the Secretary of State's office advises Notaries not to certify or seal I-9 forms but can help in filling them out in a non-Notary capacity. In California, Notaries are prohibited from completing I-9 forms unless registered and bonded as immigration consultants. Furthermore, some companies have instructed Notaries to sign as "Notary Public" under their signature or notarize their own signatures on the form, which is not permissible in any state.
There are instances where state Notary regulating officials provide instructions for notarizing unusual documents that may contradict standard practices. For example, the California Secretary of State's 2014 newsletter stated that California Notaries could countersign deer and bear tags for hunters. Notaries are not required to complete a notarial certificate, affix seals, or charge fees for this service but must countersign the tag and record the act in their journals.
2. Is there space for my Notary seal?
Certain government documents may require a standard acknowledgment or jurat but provide limited space for affixing a seal impression. For forms like the "TSP-70," used by former federal employees to withdraw funds from a government savings account, there may be insufficient space for the seal. In such cases, the NNA recommends that Notaries with rectangular seals place the seal vertically in the left-hand margin without covering the text. Notaries with circular seals may face challenges if state laws prohibit placing the seal over text or signatures on the document, necessitating a refusal to notarize.
3. Can I use the provided notarial certificate wording?
Florida Notaries should decline to notarize Form TSP-70 due to state laws requiring notarial certificates to contain at least nine specific elements. Since Form TSP-70 does not meet these requirements and does not allow for an alternative form, Florida Notaries cannot proceed with the notarization.
4. What options do I have if notarization is not permitted by law?
If a government agency's requirements conflict with state laws, Notaries should inquire if an alternative method is acceptable. For example, a medical license form from Ohio may request the Notary seal over a photograph, which could pose challenges. In such cases, Notaries can try alternative approaches, such as affixing the seal near the signature, placing a partial seal over the photo, or attaching a certificate form with space for a clear seal impression, subject to approval by the receiving agency.
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