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.

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.

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.

Always insist on in-person appearance Master the identification requirements Avoid being rushed into notarizations Thoroughly scan and correctly complete the Notary certificate Be prepared to handle emotional signers 1. Always insist on in-person appearance Prior to notarizing a signature, the signer must appear in person before you. In most states, this is defined as a face-to-face meeting in the same room. This is essential for verifying the signer's identity, ensuring their willingness to sign, and confirming their understanding of the process. [Note: Some states have regulations for remote online notarizations. Visit our NNA Knowledge Center Remote Notarization page for details on remote notarization requirements by state.] New Notaries may struggle with this requirement, especially when asked for exceptions. It's important to remain firm and explain that all signers must be present at the time of notarization. Politely but firmly uphold this rule. An Important Message For Notaries. Notaries may face requests to bend rules due to health issues or other reasons. However, it is crucial to follow state laws and not ignore proper procedures to prevent fraud and legal consequences. If unsure, seek guidance from your state Notary agency or the NNA Hotline. 2. Master the identification requirements Most states outline acceptable forms of identification for signers, so ensure you are familiar with these guidelines. Some states, like Florida and California , specify acceptable identification documents. Others allow various forms of government-issued IDs. Refer to your state's Notary handbook or the NNA’s online U.S. Notary Reference Manual for details. Once you know which IDs are acceptable, carefully verify that the information matches the signer's description. Stay vigilant for any inconsistencies and take your time. The NNA Hotline is available for assistance. 3. Avoid being pressured to rush notarizations Even experienced Notaries can feel rushed when notarizing numerous signatures for stressed individuals. Rushing can lead to mistakes that invalidate the notarization and pose legal risks. “Do not let signers rush you,” advises Kathy Fletcher, the NNA 2013 Notary of the Year. “As a Notary, maintain control. Review each document after signing and before leaving the signer’s location to minimize errors.” 4. Scan and complete the Notary certificate accurately When completing the certificate, ensure all details are correct. Scan the document to: Check for any blank spaces, as some states prohibit them. Record any required details in your journal entry, such as the document title. Scanning does not require reading the document in detail; a quick review for necessary information suffices. 5. Be prepared to handle emotional signers Notarizations involving significant financial transactions can be stressful for signers. If a signer is unable to communicate clearly or seems unaware, you must decline notarization. Some may react negatively to this refusal. “When dealing with anxious clients, implement calming strategies,” suggests Laura Biewer, an NNA seminar instructor. Her tips include: Take time to settle in and ensure comfort. Listen attentively, make eye contact, and offer reassurance. Acknowledge their emotions and be sensitive to their concerns. Attentive communication and addressing any confusion can alleviate anxieties, leading to a successful and pleasant appointment.

Question 1: “I don’t possess any identification — can you just skip that step?” A common request from individuals without proper identification is to ask a Notary to skip the identification process and proceed with notarization without it. This is a request that should never be granted. As a Notary, it is imperative to always adhere to state Notary laws when verifying the identity of a signer. Some states allow for alternative methods of identification for signers lacking proper ID, such as credible identifying witnesses. However, if a signer requests notarization without being identified, the response should always be 'no'. Question 2: “I require this signature to be notarized — but I cannot be present. Can you notarize it as a favor?” Many Notaries have faced the loss of their commissions and costly lawsuits by agreeing to this request. If the individual who signed the document is not physically present during notarization, it is impossible to ascertain if the signature was made voluntarily or if it is genuine. Under no circumstances should a request to notarize the signature of an absent individual be accepted without the signer being physically present, even if the requester is a spouse, relative, or friend. Instances have been reported where a trusted family member or colleague persuaded a Notary to proceed, only for the Notary to later discover that the request was fraudulent. In such cases, the Notary could face severe legal repercussions and be held liable for negligence. Question 3: “I have a deadline to meet — can you alter the notarization date on the document to assist me?” Many documents presented for notarization are time-sensitive, particularly real estate documents. Occasionally, a Notary may be asked to backdate or post-date the notarization date. It is crucial to understand that altering the date of a notarization on a notarial certificate is illegal in all states. Falsifying the date of a notarization is a criminal offense that could result in significant civil and criminal penalties against the Notary.

By January 2025, many small businesses, including Notary businesses, must submit information to the government under a new federal law or face severe fines and penalties. To determine if your business is affected and how to comply, read our FAQ on the Corporate Transparency Act below. What is the CTA and who does it affect? The Corporate Transparency Act (CTA), which came into effect in 2021, is designed to enhance transparency regarding company ownership to combat financial crimes. Notaries operating their businesses under specific business structures need to be mindful of new filing requirements that could impact their operations. The reporting obligations commenced this year, with deadlines in January 2025. Under the CTA, certain businesses must disclose details about their "beneficial owners" to the Financial Crimes Enforcement Network (FinCEN). A beneficial owner is an individual with a significant stake in the company or control over its decisions. Are Notaries obligated to report business information under the CTA? It varies. Notaries functioning as sole proprietorships are likely unaffected unless they have filed documentation with a state office to establish their business. However, Notaries operating as Limited Liability Companies (LLCs), corporations, or any other business structure necessitating state filing are classified as reporting entities and must submit a Beneficial Ownership Information (BOI) report to FinCEN. What details are necessary to file for my Notary business? The BOI report mandates information about the reporting company, its beneficial owners, and any company applicants (if applicable), such as names, addresses, birthdates, and identification numbers for each individual. A "company applicant" refers to the individual who lodged the document that established or registered the company, or the person responsible for directing or controlling the filing of documents that initially established or registered the business. What are the filing deadlines? Deadlines vary based on the business establishment date: Businesses founded before January 1, 2024, have until January 1, 2025, to submit their initial BOI report. Businesses established in 2024 must file within 90 days of formation notification. Businesses founded on or after January 1, 2025, have 30 days from formation notification to file. What penalties apply to non-compliant businesses? Failure to adhere to the CTA can lead to substantial fines. Willful violation may result in civil penalties of up to $591 per day (as of April 18, 2024) and potential criminal penalties of up to two years' imprisonment and a $10,000 fine. What steps should I take if uncertain about my Notary business's CTA filing obligations? Notaries unsure of their filing requirements should seek advice from an accountant or lawyer to ascertain if their business must file a report under the CTA. There is no penalty for submitting a BOI report if unnecessary, so filing as a precaution is harmless. Remember: The deadline for companies established before 2024 is approaching. Notaries operating as reporting entities should ensure compliance with the CTA.

On the occasion of the website's one-year anniversary, let's take a look at some key performance metrics: Close to 1 million profile and page views: Specifically 945,689 views, with an average of almost 30,000 site visits per month from various locations nationwide. 270,000 individuals searched for Notaries: This averages to about 24,000 unique users monthly, which is expected as the majority now turn to online searches for Notaries. Most sought-after states: California , Washington , Texas , Florida , and Virginia show the highest search volumes on the platform. If you aim to expand your Notary business, these states should not be overlooked. Significant search demand: Since its launch, FindaNotary.com has registered 404,100 searches for Notaries, averaging 36,736 searches per month. Users find the site effective in connecting them with the Notary services they require. New features introduced: Alongside geographically targeted searches and specialized listings, the NNA recently unveiled direct text messaging for consumers, enabling quicker communication with you. While we are pleased with these achievements in the first year, FindaNotary.com remains dedicated to continual enhancement with a focus on linking you with potential clients. If you have not yet explored the platform, discover the offerings of FindaNotary.com and how it can elevate your business.

A conveyance deed is a document used to transfer a real property title from the current owner (the “grantor”) to a buyer (the “grantee”). The specific type of deed used to convey title varies depending on state law, but here are some common examples that NSAs may come across: General Warranty Deed: This document conveys the grantor’s interest in and title to the property. A General Warranty Deed also ensures that if the title is defective or has a “cloud” (such as a tax lien or mortgage claim on the title), the grantee may hold the grantor liable. Quitclaim Deed: This document transfers the owner’s current interest in a title to the grantee. A quitclaim deed does not guarantee the grantor’s ability to convey title. Grant Deed: A grant deed transfers title to real property or a real property interest from the grantor to the grantee and warrants that the grantor owned the title to the transfer. Are notarization requirements necessary for conveyance deeds? A deed must be signed by the grantor and, before being recorded in the land records, be acknowledged before a Notary. In some states, proof of execution by a subscribing witness may be allowed if the grantor cannot appear before a Notary in person. What types of transactions involve a conveyance deed? Conveyance deeds are used in transactions where a property is being sold to a new owner or buyer. They are also utilized when transferring a title to a family member. Another scenario involving a conveyance deed is when an individual places their home in a living trust. Refinancing transactions may require the home to be temporarily removed from the trust and then placed back afterward. In such cases, Signing Agents may come across one or more conveyance deeds among the documents in the loan package.

When to append a certificate form A certificate form may need to be appended to a document in the following situations: When the document lacks certificate wording: This is evident, as the obligation for Notaries to complete a certificate for each notarization is nearly universal. Michigan is a unique case — it eliminated its statutory certificates and now mandates the Notary to include specific information after signing a document. Maryland previously barred Notaries from adding a notarial certificate to a document without existing wording, but this restriction was lifted on October 1, 2020, under a new state law requiring a Notary to complete a certificate of notarial act for every notarization. When the certificate does not meet state requirements: Some states, such as California , have laws specifying precise certificate wording. In Hawaii , a regulation dictates that Notaries must incorporate a 'certification statement' either within the certificate wording or as an addition to the certificate. In such states, Notaries must ensure the certificate adheres to the law and include the correct form or certificate statement if it does not. When the certificate mandates an action the Notary cannot perform: For instance, "signature witnessing," which is allowed in about 20 states but not in states like Texas . In such cases, an acknowledgment or oath (or verification) chosen by the signer must be performed instead, necessitating the addition of an acknowledgment or jurat certificate to the document. When there is insufficient space for the Notary's seal: Many states require a legible Notary seal, but some documents lack space for it. If the seal would cover text or signatures, a separate certificate form must be completed and attached. When there is no room for the Notary's signature: If there is no space on the document for the Notary's signature, a separate Notary certificate should be filled out and attached. When multiple signers appear at different times: Occasionally, a document may need to be signed and notarized by one signer, then presented to another signer at a different time and place for a second notarization. In such instances, a separate certificate must be completed and added due to separate appearances. When a Notary commits an error: In Florida and California , changes to a notarial certificate cannot be made after notarization or once the signer and Notary have parted ways. Notaries may need to attach a new certificate to rectify mistakes like an incorrect date. When there is insufficient space for all signers' names: While most certificates accommodate one or two signers, additional signers may necessitate a separate certificate. Always adhere to your state's Notary regulations Notaries must follow specific practices when using separate certificate forms to ensure correct notarization and prevent fraudulent use of "loose certificates" on other documents. Michigan allows Notaries to attach a separate certificate form to a document if directed by a client, although it is not mandatory for notarization. The statute specifies the necessary information to be included by the Notary. If separate certificate forms are permitted in your state without specific guidelines, follow these recommendations: Have the signer determine the notarization type: Notaries should not decide the type of notarization. Ask the signer to choose between acknowledgment, jurat, or signature witnessing (if allowed in your state). Complete the certificate thoroughly: Fill out the separate certificate form as you would preprinted notarial wording on a document, ensuring accuracy and completeness. Use optional spaces to describe the notarized document, making it harder for fraudulent use. Attach the certificate to the document: Staple the completed certificate to the document's left margin, behind the signature page. Additional considerations for 'loose certificates' Notaries should not affix their seal on a document lacking notarial wording. Follow state-specific guidelines to ensure proper notarization and avoid fraudulent use of certificates. While separate certificate forms are an option, it is advisable to use the notarial certificate on the document whenever possible to ensure acceptance by receiving agencies. Never send a loose Notary certificate or rely on others to attach it to the document.

It is a common situation: neglecting a step in a notarization process. This can happen especially when the step may seem unimportant, particularly when dealing with one's superior. However, this is a scenario that should be avoided at all costs as it could lead to serious consequences, potentially even criminal charges. The incident in question involved a Notary who was employed by a business owner and performed notarizations as part of her job responsibilities. The owner decided to apply for a position with a government agency and completed the necessary application, which included an attached supporting affidavit. During a notarization, the signer or principal must be present throughout the entire procedure without exceptions. In this case, the owner provided the signed application and affidavit to the Notary-employee, who completed a jurat certificate but failed to administer an oral oath or affirmation. While it was customary in the workplace for the boss to submit documents for notarization without being physically present, this practice was incorrect. Requirements for Notaries Notaries are legally obligated to administer oral oaths or affirmations when executing jurats or verifications on an oath or affirmation. When a certificate states that it has been "signed and sworn to," or similar wording, the Notary must conduct an oral oath or affirmation. There is no specific language prescribed for the oath or affirmation, but it typically involves asking the document signer: "Do you solemnly swear or affirm, under penalty of perjury, that the information in this document is accurate and true?" The signer should respond verbally with a "Yes." Furthermore, nearly all states have statutes that define "official misconduct" for public officials, including Notaries, who fail to fulfill their official duties — this could encompass a deliberate or negligent failure to administer a required oral oath or affirmation. The Lie and the Notary's Risk It was revealed that the business owner had provided false information in the application. Consequently, the local prosecutor charged the owner with perjury, a felony offense for lying in the affidavit. Subsequently, the prosecutor deliberated on charging the Notary with official misconduct. To secure her cooperation, the Notary was granted immunity and confessed to not conducting the mandatory oral oath or affirmation. Upon being consulted by the defense counsel, I was tasked with providing an expert opinion on whether the business owner had committed perjury due to the absence of an oral oath or affirmation. I unequivocally concluded that the owner had not committed perjury since no oath or affirmation had been administered. Although the owner had lied, it was not under oath. Consequently, the owner evaded prosecution for perjury, and the Notary avoided official misconduct charges (despite her evident failure in duty). Nonetheless, this incident had negative repercussions for both the business owner and the Notary. They faced public embarrassment due to media coverage, incurred substantial legal and expert service costs, and expended significant time on legal proceedings. While the Notary managed to avoid criminal charges, she encountered disciplinary actions from the Notary oversight agency, which lodged an administrative complaint against her. The Lessons This case underscores several key points for Notaries: Recognize when an oath or affirmation is necessary and administer it verbally. Document in your Notary journal that an oral oath or affirmation was conducted. Avoid taking shortcuts when performing notarizations, regardless of whether it is for a superior or anyone else. Understand the implications of official misconduct and steer clear of it at all costs.

Ensuring that the signer is fully informed about the document being signed and notarized is the primary objective. In cases where the signer is visually impaired and unable to read the document, it is crucial to verify their understanding of its contents. Certain states offer specific guidelines for notarizing documents for visually impaired signers. Inability to sign In some cases, a customer may not be able to sign due to visual impairment. If a person is unable to sign a document due to visual impairment, many states — including Iowa , Michigan and Washington — permit the signer to direct the Notary or another person to sign the disabled person’s name on the document (known as " signature by proxy ") while the disabled person is present during a notarization. Be sure to follow any instructions or requirements in your state — for example, in Michigan, the Notary may sign the name of the disabled individual, but the individual must be present before the Notary and orally, physically or otherwise direct the Notary to sign. The Notary also must write beneath the signature, “Signature affixed pursuant to section 33 of the Michigan notary public act.” In some states, additional witnesses must be present before a third party can sign on behalf of a disabled individual. For example, Massachusetts ,  Nebraska ,  North C The primary responsibility is to ensure that a visually impaired signer comprehends the document being signed and notarized. In cases where the signer cannot read the document, it is crucial to verify that they understand its contents. While some states offer specific guidelines for notarizing for visually impaired signers, others, like California, do not have statutory provisions. In such instances, it is advisable to engage in a conversation with the signer to gauge their familiarity with the document. If discrepancies arise or the signer appears unaware of the document's content, notarization should not proceed. When notarizing for visually impaired individuals, Notaries in Florida, Illinois, and Indiana are required to read the document aloud to the signer. Notaries should refrain from interpreting the document or providing legal explanations, as this could be deemed unauthorized legal practice. Although not mandatory in Maine or North Dakota, these states recommend reading the document to visually impaired signers without offering interpretations or soliciting input. In situations where a person with a visual impairment is unable to sign, certain states, such as Iowa, Michigan, and Washington, allow the signer to instruct the Notary or another individual to sign on their behalf while they are present during the notarization. Compliance with state-specific regulations is essential. For instance, in Michigan, the Notary can sign the disabled person's name only if directed by the individual in person, and the Notary must include a specific statement below the signature as required by law. In jurisdictions like Massachusetts, Nebraska, North Carolina, and Rhode Island, additional witnesses are necessary before a third party can sign on behalf of a disabled individual. Texas mandates the presence of a single identified witness, while Wyoming permits either a single unaffected witness or the Notary to sign as a proxy under specific conditions. arolina , and  Rhode Island  only permit disabled signers to direct someone else to sign their name if two witnesses unaffected by the document are present, and Texas requires a single witness who must also be identified by the Notary.   Wyoming allows a single witness unaffected by the document to sign as a proxy in the Notary's presence or a Wyoming Notary may be directed to sign as the proxy if 2 witnesses unaffected by the document are present.

Recently, Notaries have reached out to the NNA for assistance when faced with handwritten documents requiring notarization. The most common inquiries include: Is it permissible to notarize handwritten documents? Are there specific procedures that Notaries need to adhere to when notarizing handwritten documents? Are there any particular considerations when notarizing a handwritten document? Let’s delve into the legal aspects of handwritten documents and address your queries. Is it permissible to notarize handwritten documents? Indeed, it is. In the early days of the United States, handwritten documents were prevalent. Notaries routinely notarized handwritten documents as part of their authorized notarial duties. Even in contemporary times, various types of documents such as wills, deeds, contracts, powers of attorney, etc., can still be lawfully handwritten. What was acceptable and legal in the past remains so today; Notaries are authorized to notarize handwritten documents. Moreover, it is the signer’s signature that is notarized, not the document itself. Signatures are typically handwritten. Are there specific procedures that Notaries need to follow when notarizing handwritten documents? However, it is crucial to note that for a Notary to legally notarize any document, a completed notarial certificate must be provided and attached. In the case of a handwritten document, the notarial certificate can be handwritten, machine-printed, or machine-typed. Even when dealing with a typed or printed document, a Notary has the option to handwrite the notarial certificate to be attached. The focus of the law is on the content of the document, not the paper format. If the content is satisfactory and the certificate wording aligns with state laws, a handwritten notarial certificate is acceptable. A common concern when a signer requests notarization of a handwritten document is the absence of notarial certificate wording. Many signers are unaware of the need for a certificate for the requested notarial act. If a handwritten document lacks a notarial certificate, the signer – not the Notary – must select the type of notarization to be carried out. The Notary can provide sample certificate forms for acknowledgments, verifications on oath or affirmation, and signature witnessings. Subsequently, the signer can choose the desired act, and the Notary can either complete and attach a printed version of the chosen certificate form to the handwritten document, handwrite the selected form's language on the signer’s document, or handwrite the certificate on a separate page for attachment. Are there any particular considerations when notarizing a handwritten document? Due to common misconceptions about notarization, signers may mistakenly believe that notarizing a handwritten document will render it ‘valid’ or ‘legally binding’ and may seek advice from the Notary. This is incorrect; notarization does not validate or legalize a document. The notarization verifies the signer's identity, signature, and willingness and competence to act. If a signer requests to 'legalize' or 'validate' a handwritten document, the Notary should clarify the purpose of notarization and recommend seeking legal advice from a qualified attorney for questions about making a document legally binding. As highlighted in this article, handwritten documents can be confusing for both signers and Notaries. When asked to notarize a signature on a handwritten document, it is advisable to adhere to the fundamentals of Notary law and best practices to ensure compliance.