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- What Would You Do: The case of the copied ID
To enhance your understanding of Notary standards of practice, the NNA presents a real-life Notary case scenario and poses the question: What course of action would you take? A couple, the husband and wife, reach out to you seeking notarization of their signatures for a condominium purchase. During the meeting, when they request notarization of the wife's signature, she apologizes for not having her official ID but presents a photocopy as an alternative form of identification. Upon inspecting the photocopy, you observe that the identification details are from 30 years ago and have expired. Furthermore, the signer appears significantly younger than the date of birth indicated on the ID copy, adding to the confusion. The signers acknowledge the poor quality of the ID photocopy and explain that the outdated information is the reason for the difference in appearance. They inquire whether you would proceed with the notarization despite these circumstances, emphasizing the importance of the purchase to them. What action would you take? Do you consider the photocopy sufficient as proof of identity, and is the signer's explanation regarding the outdated copy plausible? Or do the inconsistencies raise concerns? How would you manage this scenario? Would you proceed with the notarization, decline it, or opt for another approach? Feel free to share your responses in the comments below. Your input may be featured in next week's Bulletin article, where we will provide the recommended response to this notarial dilemma.
- How to get work as a new Notary Signing Agent
Being a co-owner of a nationwide signing service, I successfully transitioned from a full-time truck driver to a Signing Agent business. I want to reassure you that even if you are new to the field, you can still secure work opportunities! Our company frequently assigns tasks to new Notary Signing Agents. Companies do not only consider experience when looking for candidates. If you can demonstrate professionalism, proper training, and trustworthiness, you can still receive assignments despite being a novice. The key is to effectively communicate these qualities to the companies you wish to collaborate with. Here is how you can do it: Engage with clients through phone calls or face-to-face meetings. Self-marketing is crucial for any business endeavor. The Notary Signing Agent/mobile Notary profession relies on building relationships, and nothing establishes relationships better and quicker than direct communication with potential clients. When I started as a new Signing Agent, I secured signings by proactively calling a list of 5 to 7 companies daily. I even followed up with the same services multiple times a day. Persistence paid off for me. Many NSAs primarily rely on email communication when seeking work due to its convenience and lack of direct interaction. However, this can be a mistake. While speaking on the phone or meeting in person may seem daunting, it adds a personal touch to your introduction and can significantly impact your success in obtaining assignments. If you are not comfortable with phone calls or face-to-face interactions, consider practicing your introductions with someone to boost your confidence. Look for a local Notary network to join, where you can seek advice and feedback from colleagues. Do not hesitate to explore new strategies or step out of your comfort zone. It can enhance your business marketing skills. Emphasize the value you bring. What does "leading with value" mean? When reaching out to companies, focus on what you can offer them rather than what they can do for you. For instance, instead of asking, "Do you have any signings available for me?" try saying, "I'm reaching out to see how I can assist you and enhance the experience for your customers in need of loan signings." This approach conveys that you are offering value to the company rather than seeking something from them. Also, highlight any additional skills you possess, such as proficiency in other languages or authorization for remote notarizations in your state. Demonstrate professionalism and flexibility. If given the choice between hiring a new NSA who shows dedication to exceptional customer service and an experienced Signing Agent with poor customer interaction, I would opt for the former. When a Signing Agent contacts me, two factors make me more inclined to offer them work, even if they lack extensive experience: Professional dedication. A Signing Agent captures my attention by showcasing a willingness to go above and beyond to deliver excellent service. For example, stating, "Although I am new to this, I guarantee the quality of my work. If I make an error on a document, rest assured I will promptly rectify it," demonstrates a commitment to top-tier service. Flexibility in availability. If you are starting part-time as an NSA, and your schedule only permits taking assignments during evenings or weekends, that is perfectly fine. Position this as a positive attribute. Inform companies of your availability during these hours, as many service providers struggle to find Signing Agents at short notice during these times. Use this to your advantage. Remember, experience is not the sole determining factor. Even as a novice Signing Agent, presenting yourself in the right manner can help you secure work. Once you land your initial assignments, professionalism and strong work ethics will pave the way for a solid reputation and further success.
- Questions to ask when notarizing unusual government forms
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.
- What should I do if I have to resign my Notary commission?
Whom should I inform when I decide to resign? When you choose to resign, you should inform the commissioning agency in your state, usually the Secretary of State. The notification should be in writing and sent via certified, return receipt, U.S. mail. Some states may allow or require the resignation to be submitted through an online portal established for managing Notary commissions. In California , Notaries Public must inform the Secretary of State in writing of their intention to resign. In Florida , a Notary Public wishing to resign must send a signed letter of resignation to the Governor and include their certificate of commission. If they do not have the certificate, the Notary must state in the letter that they do not possess the certificate of commission. What should I do with my Notary seal? Most states, such as Illinois , require you to make your Notary seal inoperable. For a rubber-stamp seal, a pen knife or another small-bladed knife can be used to cut up the rubberized part of the seal, causing the stamp's impression to be distorted. For seal embossers, simply put a few drops of instant super glue on the molded part and close it. Due to the glue, it will remain shut, and even if it's pried open, the molded part will be distorted, and no clear embossment can be created. Some states, like North Carolina , mandate that Notary seals be returned directly to the Secretary of State for destruction. What should I do with my Notary journals? Requirements differ from state to state. In Arizona , Notaries must deliver their seals and any journals containing public records to the Secretary of State within three months. California and Texas require a Notary Public to deposit their journals with the county clerk's office where the Notary's oath and bond are on file. Illinois Notaries must keep their journals for five years after the end of the Notary's commission. Montana Notaries who resign their commissions must retain the journals for 10 years after the last entry or opt to leave them with an approved repository. The Secretary of State has a form that must be signed by the Notary and the proposed custodian and approved by the Secretary of State before the journals can be transferred to another repository. In Pennsylvania , resigning Notaries deliver their journals to the office of the recorder of deeds in the county where the Notary last had an office within 30 days of the commission resignation date. Be aware of your state's requirements Some state laws do not specify what to do with your Notary supplies upon resignation. In such cases, the recommended best practice is to inform your Notary commissioning authority in writing or adhere to the practice standards of The Notary Public Code of Professional Responsibility for disposing of your seal and retaining your journal. The Code instructs Notaries to destroy all Nota ry seals and store all Notary journals for at least 10 years from the last entry in a journal.
- Tricks fraudsters use to scam Notaries
The main objective for fraudsters is to persuade you to bypass the requirement of having the signer physically present or to accept the identification of an impersonator. To achieve this goal, fraudsters employ various tactics. Here are 5 common strategies that will help you identify them when they arise: Fraudsters may urge you to rush Fraudsters may request a favor from you Fraudsters may use charm to manipulate you Fraudsters may appeal to your sympathy Fraudsters may exert pressure by leveraging their authority Strategy 1: Urging you to rush If a signer insists, “I'm in a hurry; I only have 5 minutes,” the aim is to distract you and prompt you to take shortcuts during the notarization process, potentially leading to oversight in verifying identification or obtaining necessary signatures. Strategy 2: Requesting a favor Unfortunately, this favor may come from someone familiar to you. For instance, a Notary was asked by an employee to notarize her parents' signatures on a property deed without their presence. The employee had forged the signatures and secured a loan against the property without the parents' knowledge. Strategy 3: Using charm This tactic involves engaging you in pleasant conversation to lower your guard. The intention is to distract you from scrutinizing a fake ID or questioning an inconsistent story. Strategy 4: Pleading for sympathy One instance involved a woman who fabricated a story about her husband's inability to sign due to wrist surgery. The man present was an impostor, but the Notary, swayed by sympathy, failed to thoroughly verify his ID, resulting in a significant loss. Strategy 5: Pressuring with authority A grand jury report from New York City highlighted cases where Notaries were deceived by individuals holding respected positions like attorneys or police officers. It can be challenging to refuse when the signer is a first responder, military personnel, or another influential figure. Protecting Yourself as a Notary While these tactics may appear straightforward, they are effective. Stay vigilant, follow each step of a proper notarization meticulously, and resist any attempts to rush or omit essential procedures. If someone tries to hurry you or distract you, take your time and ensure every step is completed accurately. Refuse to finalize the notarization until you have double-checked all details. If someone appears hesitant or overly rushed, suggest they return when they have more time. Emphasize that you cannot offer special treatment, regardless of their identity or circumstances. By adhering to these practices, you can safeguard yourself and potential victims from significant trouble.
- How Four Notary Solopreneurs Handle Work-Life Balance
Many professionals struggle with work-life balance, but solopreneurs face a particularly tough challenge. We interviewed four Notaries to discuss their difficulties in maintaining a healthy work-life balance and the strategies they have employed to overcome them. Finding Priorities Janae Blatch - Florida Academy of Notaries Janae Blatch, a Notary based in South Florida , did not intend to become a full-time business owner. However, when the pandemic hit, she transitioned from a successful career in education to working as a loan signing agent for extra income. Initially part-time, her signing agent work became so successful that she discovered a passion for it. This led her to establish the Florida Academy of Notaries to provide training resources for other Notaries while utilizing her education skills. Despite enjoying her work, Blatch realized that it was encroaching on her family time. During a vacation, her children asked her to stop working and put away her laptop, highlighting that family time should not be compromised for work. After this realization, Blatch reevaluated her priorities and shifted her focus to prioritizing her life rather than striving for a work-life balance. By setting clear priorities and addressing tasks in order of importance, she found it easier to maintain perspective. Janae’s Takeaway Blatch emphasizes the importance of soul-searching to identify priorities, leading to significant workflow changes. She now limits her work hours, abandons the "hustle mindset," and avoids comparing herself to others to stay true to her priorities. The Beauty of Downtime Sue Hope - NotaryAssist Sue Hope, the owner of Notary Assist Software , has been in business since 1999 but continues to learn how to manage work-life balance effectively. Hope stresses the importance of setting office hours to create a clear boundary between work and personal time. By establishing specific work hours and physically leaving her home office at the end of the day, she can separate work from her personal life. Building a network of trusted colleagues has also been instrumental for Hope. This network allows her to take time off confidently, knowing that her clients are in good hands with her partners. Hope highlights the significance of downtime for generating ideas and fostering creativity. She believes that allowing time for relaxation and solitude is essential for maintaining a healthy work-life balance. Sue’s Takeaway Hope advocates for carving out downtime to realign ideas and enhance creativity, emphasizing the importance of relaxation and spending time with oneself or loved ones. Following Her Own Path Vanessa Terry - Notary2Notary Vanessa Terry, the owner of Notary2Notary , acknowledges the challenges of achieving work-life balance, especially while expanding her business. Terry recognizes the need for a personalized approach to work-life balance and refrains from comparing herself to other solopreneurs. By learning to say no and setting clear priorities, she aims to prevent burnout and maintain a healthy balance between work and family. She also emphasizes the importance of freeing up time by delegating tasks and reevaluating social expectations. Terry encourages individuals to find creative solutions that work best for them, rather than conforming to societal norms. Vanessa’s Takeaway Terry advises Notaries to think innovatively and embrace unconventional approaches to life, suggesting that breaking away from traditional norms can lead to significant improvements in work-life balance. The Gift That Keeps on Giving Daniel Lewis - Lewis Notary Services Daniel C. Lewis of Lewis Notary Services desired more family time despite enjoying long workdays as a signing agent. His decision to coach his son's basketball team marked a pivotal moment, demonstrating that work and personal life can be effectively managed with the right priorities. By defining his business goals and creating a structured schedule that includes family time, Lewis found a balance that worked for him. He also formed referral partnerships to enhance his business and free up more time for his family. Through these changes, Lewis discovered the joy of spending quality time with his children and passing on the values of discipline and work-life balance to them. His example has influenced his children to effectively balance their own work and family commitments. Daniel’s Takeaway As a grandfather, Lewis recognizes the lasting impact of his lessons in work-life balance, viewing it as a valuable gift that continues to benefit his family. His experience underscores the importance of prioritizing family time and creating a harmonious balance between work and personal life.
- FAQ: Can I notarize documents in other states or countries?
Update 7-8-24. Notaries often ask the NNA if they can notarize signatures when visiting a different state or a foreign country. We’ve prepared this guide to help answer your questions about notarizing in other states or nations. Can I perform notarizations in other states? Most U.S. states and jurisdictions only authorize commissioned Notaries Public or other notarial officers recognized under state law to perform notarial acts within the borders of the commissioning state or jurisdiction. For example, a Notary commissioned in California or Florida may perform notarizations anywhere within the commissioning state’s borders, but may not perform a notarization in another state such as Georgia . There are a handful of states that permit notarizations outside the state, but only under specific conditions or for certain types of documents: Kentucky Notaries may apply to get a Special Commission, which authorizes them to notarize documents inside or outside the state as long as the document will be recorded in Kentucky (KRS 423.110[6]). Special Commission Notaries may be nonresidents. (Also see “Remote Online Notarization” below for additional information.) Montana allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently, only Wyoming and North Dakota do this (MCA 1-5-605[4]). (Also see “Remote Online Notarization” below for additional information.) North Dakota allows its Notaries to perform notarial acts in a state that recognizes the Notary's authority. Currently, only Montana does this (NDCC 44-06.1-09). (Also see “Remote Online Notarization” below for additional information.) Virginia Notaries may notarize a document inside or outside the Commonwealth if the document will be used in the Commonwealth or by the U.S. government (COV 47.1-13[B], 47.1-13.1). (Also see “Remote Online Notarization” below for additional information.) Wyoming allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently only Montana does this (WS 32-3-104[b]). (Also see “Remote Notarization” below for additional information.) Can a Notary commission be transferred? Many Notaries have asked, “If I move to another state, can I transfer my current Notary commission to my new state?” The answer generally is “no” — Notary commissions are not transferable between states. If you are relocating to another state, you need to resign your current commission and apply for a Notary commission in your new state. However, in some jurisdictions, it is possible to hold more than one Notary commission if you live in one state and work in another that allows nonresidents to hold a Notary commission (see “Can a Notary hold commissions in multiple states?” below). Can I travel to another country to notarize? Certain individuals may hold special commissions from the federal government to notarize overseas. Some serving U.S. military personnel are authorized to notarize for military members and their families on U.S. bases in other countries. With the exceptions of the special commissions and situations listed above, Notaries commissioned by a U.S. state are not able to use their Notary commission when physically located overseas. Also, officers of the foreign service of the United States and consular agents at U.S. embassies and consulates are authorized under federal law to notarize documents abroad. However, these specialized commissions are not available to Notaries commissioned by U.S. states and jurisdictions. Remote Online Notarization (RON) Currently, more than 40 states have enacted permanent statutes authorizing qualified Notaries to perform remote online notarizations (RON) . These acts permit the Notary to interact with the signer remotely using audiovisual technology over the internet instead of appearing in person before the Notary. Many states that authorize RON permit remote notarizing for signers located in a different state or country than the Notary. However, when performing a RON, the Notary must always be physically present in the commissioning state during the notarization. Can a Notary hold commissions in multiple states? Some jurisdictions allow individuals to apply for a Notary commission in more than one state. In New York , nonresidents may apply for a New York Notary commission, provided they have an office or place of business in New York State. For example, a New Jersey resident who has an office in New York could hold a New Jersey Notary commission and a New York Notary commission, authorizing the person to notarize in both states. If you wish to obtain a Notary commission in another state, always check the laws of the state you reside in as well as the state you wish to be commissioned in to make sure it is permissible in both jurisdictions and you meet all eligibility requirements.
- Notary Signing Agent Document FAQ: USA PATRIOT Act CIP Forms
What is the purpose of the USA PATRIOT Act CIP Form? Signed into law in 2001 in the wake of the 9/11 terror attacks, the U.S. PATRIOT (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act established measures to prevent, detect and prosecute persons engaging in money laundering and terrorism. In 2003, regulations to implement Section 326 of the Act required all financial institutions to establish a Customer Identification Program (CIP) for identifying all new account holders. This requires banks and other lending institutions to have a written procedure in place to establish the identity of customers, including home loan borrowers. Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete a USA PATRIOT Act CIP form to certify the NSA properly identified the borrower at the signing appointment. Completing this form helps financial institutions, including the nation’s mortgage lenders, to fulfill their PATRIOT ACT regulatory obligations. Are there other terms for a USA PATRIOT Act CIP Form? Yes. It may be included in a loan package under other names, such as “Verification of Customer Identity,” “PATRIOT Act Information Form,” or “PATRIOT Act Disclosure — Borrower Identification,” among others. What types of loan document packages include a USA PATRIOT Act CIP Form? These forms have been regularly included in various types of loan packages since 2003. Does a USA PATRIOT Act CIP form require notarization? No, it does not. However, because a Notary Signing Agent is present at the loan signing involving a lender’s loan, the NSA represents the lender in obtaining the information required in the form. What information is required to complete a typical PATRIOT Act form? Typically the Signing Agent will be asked to complete the following information on the form: The name of the borrower(s), along with other information such as the borrower’s date of birth, Social Security number or tax ID number. Information about any identification documents used to verify the borrower’s identity, such as the type of ID, the ID identification number, and the date of issuance and expiration for the ID. Some forms may also ask the NSA to include the state or organization that issued the ID.
- Notary Tip: Using supplementary ID
In most cases, you can request a secondary form of identification, but the specific type of ID required varies based on the regulations of your state. Some states have stringent criteria for the types of identification that can be used, while others are more flexible. In some states, the decision on what ID to accept is left to the discretion of the Notary. One common challenge faced by Notaries is the discrepancy between the appearance of the signer and their ID photo or description. However, this does not necessarily indicate that the signer is an imposter. In many states, ID photos are not updated for long periods, leading to significant changes in a person's appearance over time. For instance, in Arizona, standard driver's license and ID card photos are updated only every 12 years until the driver turns 60, although REAL ID-compliant Voluntary Travel IDs issued by the Arizona Department of Transportation must be renewed every eight years. States with strict ID regulations, such as Florida, California, and Tennessee, provide specific lists of acceptable IDs that Notaries must adhere to when verifying a signer's identity. These lists typically include state-issued driver's licenses and ID cards, U.S. and sometimes foreign passports, and other designated U.S. or government-issued IDs. If you work in a state with strict ID rules, ensure you are familiar with the specific IDs permitted under your state's Notary laws. In states with general ID rules, such as North Carolina and Texas, the laws outline the necessary elements an ID must possess without specifying particular acceptable IDs. Notaries in these states have a broader range of supplementary IDs available that comply with the general requirements set by law. Some states lack specific ID requirements but may offer optional guidelines for Notaries to follow. For example, Alabama suggests an ID document with a photo, physical description, and signature, while Arkansas recommends a government-issued ID card with a picture and signature. In these states, Notaries have more discretion in determining acceptable supplementary IDs, as they are required to satisfy their own judgment rather than conforming to a particular state law. While university IDs or library cards may be considered in some cases, it is essential to remember that Social Security cards and similar documents are easily counterfeited and lack crucial elements for identity verification, such as a photo and physical description. If you have doubts about the primary ID presented, do not compromise on the standards for accepting a supplementary ID. Always bear in mind your responsibility when certifying the identity of a signer. Regarding marriage licenses, Notaries often inquire about their validity as supplementary IDs, particularly when a newly married individual is using their married name but possesses an ID in their maiden name. Since marriage licenses typically contain limited identifying information, it is not recommended to rely on them as supplementary IDs.
- What Would You Do Answers: The case of the demanding boss
Statements from Notaries indicated that the seal and journal were rightfully owned by the Notary, regardless of whether the employer had paid for them. One Notary named Miranda shared, "My previous employer tried to claim ownership, even going as far as threatening to withhold my wages. I made sure to confirm that the stamp, book, and bond belonged to me legally, and they had no right to them." Tabatha Tuskey mentioned, "I have all the necessary documentation for my Notary commission, which clearly states that the commission and tools belong to the individual whose name is on the seal. I would present this information and remind them that withholding a paycheck is illegal. If needed, I would involve the Board of Labor." J.D. Walker expressed concern that if an employer insisted on taking possession of the seal and journal, they might misuse them once they are no longer in the Notary's control. He warned, "If the employer forces the Notary to surrender the seal and journal, who knows what they might do with it? They could instruct another employee to use it unlawfully, putting the departing Notary at risk." Recommendation from the NNA The NNA advises that a Notary should not hand over their tools to an employer unless permitted by state law. In several states, including California , Illinois , Pennsylvania , Texas , and Florida (the location of this incident), it is explicitly stated that the Notary's seal and journal are the exclusive property of the Notary, even if they were paid for by someone else. In California, an employer can request copies of journal entries related to business transactions, provided that the copies are made in the Notary's presence by an authorized auditor or agent of the employer (GC 8206[d]). Before leaving, the Notary could offer to allow the employer to make copies of these business-related entries if they have not already done so. It is important to inform the employer that California law holds them responsible for the confidentiality and safekeeping of these copies. There are only two exceptions to this rule, which are Arizona and Oregon . In Arizona, Notaries working under certain conditions can maintain a separate journal for nonpublic records protected by confidentiality rules, such as attorney-client privilege. This nonpublic journal can be kept by the employer if the Notary leaves their position. Oregon Notaries can sign an agreement allowing the employer to retain the journal upon the Notary's departure, but the Notary must keep one copy of the agreement and send a second copy to the Oregon Secretary of State's office. There has been no update on the resolution of this situation from the Notary involved, but any developments will be shared if they reach out to us.
- When to say 'No' … and when refusing a notarization is not allowed
Instances When Notarization Should Be Declined Several states have laws or rules that outline the circumstances under which a Notary can or must decline to provide notarial services. For instance, in California , Notaries are obligated to reject notarization requests for incomplete documents. In Florida , Notaries must decline services if the signer seems mentally incapable of comprehending the document. Texas allows Notaries to refuse requests if the signer seems coerced, if the document is suspected to be intended for unlawful activities, if the signer lacks the capacity to understand the document, or if the request involves a notarization unfamiliar to the Notary. Consult your state's Notary website, handbook, or one of the NNA’s Notary Law Primers for the specific guidelines you should adhere to. Outlined below are the primary reasons for declining a notarization. Note that not all reasons apply in every state. 1. Disqualifications of Signer This occurs when the signer fails to meet specific requirements for notarization, such as: The signer is absent in person (unless it's a remote online notarization) The signer cannot be adequately identified The signer and the Notary do not share a common language The signer refuses to swear or affirm the document's contents for notarizations that necessitate an oath or affirmation You suspect that the signer is disoriented, confused, or lacks the mental capacity to sign documents You suspect that the signer is being pressured to sign against their will 2. Disqualifications of Document This occurs when the document fails to meet certain criteria, such as: The document contains empty spaces or is missing pages The document lacks a notarial certificate, and the signer is unable or unwilling to specify the required notarial certificate type The signer requests certification of a duplicate of a vital record, like a birth certificate, which is not permitted 3. Disqualifications of Notary There are instances where a conflict of interest compromises the Notary's neutrality, such as: You are a signer of the document You are directly involved in the transaction or have a financial stake in it The signer is your family member 4. Other Disqualifying Circumstances Here are various other situations where you should reject the request: You suspect the transaction is fraudulent, illegal, or deceptive The requested action is not an authorized notarial act The signer is unable or unwilling to pay the required fee The request is made outside your regular working hours The request violates your workplace policies Instances When Refusal Is Inappropriate Generally, if a notarial act is legal, the Notary should not decline to perform it. Here are unsuitable reasons for refusing a notarization: 1. Refusals Based on Personal Biases or Beliefs Signer Bias : Notaries should not reject notarizations based on personal views regarding the signer’s characteristics like nationality, religion, race, age, lifestyle, gender, or disabilities. Controversial Documents: Notaries should not decline to notarize documents due to disagreement with their content on controversial topics like same-sex unions, assisted suicide, medical marijuana use, or abortion. Article I-A-4 of The Notary Public Code of Professional Responsibility states that Notaries should not refuse lawful and proper notarial acts “because of any disagreement with the statements or purpose of a document.” Even if a document's content clashes with personal beliefs, this is not grounds for refusal. Notarizing a document does not equate to personal endorsement; it signifies acting as an impartial witness and verifying the signer’s identity. 2. Legal Requirements vs. Best Practices Differentiate between legal obligations and best practices. For instance, if a signer declines to provide a thumbprint, a Notary should not refuse the notarization solely for this reason — unless it is mandatory in the state for certain transactions (e.g., California). The same principle applies to signers who object to signing a journal in states where journal signatures are not obligatory. Tips for Declining a Notarization Refusing a notarization can lead to confrontations with dissatisfied signers who may feel inconvenienced or, in extreme cases, accuse you of discrimination. Stay composed and follow these best practices: Be Diplomatic : Communicate with clients calmly and respectfully. Maintain professionalism and avoid engaging in debates with signers over refusals. Provide Explanation : Clearly explain how the requested action violates the law and the potential consequences for both the signer and your Notary commission, including hefty penalties. Record the Refusal : Document the refusal in your notarial journal, detailing the specific reason for the rejection, in case it is questioned later on.
- Your guide to building a successful Notary business
Starting a business is similar to launching a rocket to the moon. Both require meticulous planning, perseverance, and hard work to achieve success, which is not instantaneous but rather a gradual process. Many aspiring Notary entrepreneurs mistakenly believe that simply obtaining a commission, purchasing a seal and journal, and waiting for customers to appear will lead to success. However, this approach is ineffective. To thrive, it is essential to invest time and effort in establishing a diverse customer base and ensuring its continuous growth. Seasoned mobile Notaries emphasize the importance of having a variety of clients to sustain business operations during economic downturns. Nevertheless, identifying potential customers and effectively introducing yourself to them can be overwhelming. To address this challenge, we sought insights, recommendations, and successful marketing strategies from accomplished Notaries across the nation. Drawing from their experiences and feedback, we have compiled a comprehensive guide outlining each phase of building a prosperous business. STAGE 1: Establishing the foundation Whether you are a part-time or full-time Notary entrepreneur, it is crucial to understand that success is a gradual process that requires dedication. Initially, most Notaries do not secure high-paying or fulfilling work. A key aspect of attracting business is connecting with potential customers. While community dynamics vary, here are some effective starting points. Join Your Local Chamber Of Commerce. Engaging with a local chamber of commerce is an excellent way to network with potential clients. These organizations consist of local business owners who convene regularly to establish contacts, promote their services, participate in community events, and advocate for local business interests. Although there is typically a membership fee associated with chamber participation, the networking opportunities it provides are invaluable. Cheryl Casebolt from Simi Valley, California, shared how attending chamber meetings allowed her to introduce herself and promote her Notary services, leading to increased assignments and referrals. Offer Notarization Services to Neighbors and Friends. When starting out, offering notarization services to acquaintances can help you gain experience. After successfully completing a few notarizations, encourage them to leave online reviews or refer you to others in need of Notary services. Lucia Piccolino, based in Scranton, Pennsylvania, commenced her Notary journey by assisting her boyfriend's accounting business. Through positive word-of-mouth and online marketing, Piccolino established a thriving business specializing in loan document signings and general Notary services. Engage in Local Community Activities and Events. Apart from traditional business settings, you can also connect with potential clients at community events, fundraisers organized by local groups like the Elks Lodge or Knights of Columbus, and school functions in your area. When introducing yourself, express your availability for notarizations and offer your contact details or business card. Valerie Barrett, hailing from Orange County, California, emphasized the importance of building relationships within the local community to secure Notary referrals. By networking with parents at schools, Barrett highlighted the demand for notarizations for various purposes, emphasizing the significance of establishing a visible presence. STAGE 2: Mastering Diverse Business Practices After establishing your presence in the community, it is essential to familiarize yourself with various industries and organizations. While healthcare, legal, and real estate sectors commonly require Notary services, each industry has distinct needs and protocols. Nursing Homes, Hospitals, and Healthcare Facilities. Notarization needs often arise for patients and their families in healthcare settings, prompting the involvement of independent mobile Notaries. However, certain considerations must be taken into account. For instance, ensuring that signers in hospitals or senior care facilities are fully aware and willing to sign is crucial, especially in situations where the signer may be under medication or experiencing communication challenges. Katrice Jones from Cleveland, Ohio, emphasized the importance of approaching such scenarios with empathy and understanding. Moreover, some facilities may impose additional requirements for visiting Notaries, such as providing proof of specific medical tests or ensuring the presence of a patient advocate. To offer your services in healthcare settings, reaching out to administrative staff or social workers can be a productive starting point. Attorneys and Law Firms. While larger law firms typically have in-house Notaries, smaller practices or solo practitioners may benefit from collaborating with local Notaries for client needs. Introducing yourself professionally, leaving contact information, and ensuring meticulous attention to detail are essential when serving legal professionals. It is crucial to maintain a high level of professionalism when working with law firms, as any oversight in notarization procedures can jeopardize business relationships. By demonstrating competence and reliability, Notaries can establish long-term partnerships with legal practitioners. Real Estate Agents. Real estate agents can be valuable partners for Notaries seeking diverse clientele. Establishing personal connections through direct communication, offering assistance with promotional activities, and engaging with agents in a proactive manner can lead to fruitful collaborations. Valerie Barrett recommended initiating contact with real estate agents through personalized interactions, such as arranging meetings to discuss potential collaborations over coffee or participating in open house events to introduce yourself. By actively engaging with real estate professionals, Notaries can expand their network and attract new business opportunities. While the examples provided cover a few local business sectors that require Notary services, the key lies in identifying these opportunities, making a memorable impression, and positioning yourself as a reliable service provider. STAGE 3: Embracing Significant Challenges Establishing a robust customer base and cultivating a stellar professional reputation are pivotal for Notaries seeking high-profile assignments, such as notarizing high-end business transactions. While these tasks pose challenges, they offer lucrative prospects and the chance to collaborate with prominent clients in the community. Mortgage and Financial Institutions. Notarizing documents for mortgage firms and financial institutions can be financially rewarding. Notaries who excel in these assignments often receive additional opportunities based on their expertise and reliability. Kelly Charpenet, operating in Santa Monica, California, emphasized the importance of professionalism and expertise when handling transactions involving substantial assets. By demonstrating competence and attention to detail, Notaries can secure repeat business from corporate clients. Diversify Your Clientele. While certain industries offer lucrative opportunities, it is essential for Notaries to avoid limiting themselves to a single niche. By diversifying their customer base and service offerings, Notaries can create multiple income streams and expand their professional reach. Kelly Charpenet highlighted the significance of catering to a broad range of clients and services, emphasizing the need for a diverse portfolio to sustain long-term success. By embracing versatility and adaptability, Notaries can navigate various business sectors and maximize their earning potential.
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