A Notary Public is an official of integrity appointed by state government — typically by the secretary of state — to serve the public as an impartial witness in performing a variety of official fraud-deterrent acts related to the signing of important documents. These official acts are called notarizations, or notarial acts. Notaries are publicly commissioned as "ministerial" officials, meaning that they are expected to follow written rules without the exercise of significant personal discretion, as would otherwise be the case with a "judicial" official. What does a Notary do? A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary. Impartiality is the foundation of the Notary's public trust. They are duty-bound not to act in situations where they have a personal interest. The public trusts that the Notary's screening tasks have not been corrupted by self-interest. And impartiality dictates that a Notary never refuse to serve a person due to race, nationality, religion, politics, sexual orientation or status as a non-customer. As official representatives of the state, Notaries Public certify the proper execution of many of the life-changing documents of private citizens — whether those diverse transactions convey real estate, grant powers of attorney, establish a prenuptial agreement, or perform the multitude of other activities that enable our civil society to function. Why are Notaries and notarizations necessary? Through the process of notarization, Notaries deter fraud and establish that the signer knows what document they're signing and that they're a willing participant in the transaction. How does a Notary identify a signer? Generally, a Notary will ask to see a current ID that has a photo, physical description and signature. Acceptable IDs usually include a driver's license or passport. What a Notary is Not Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge or high-ranking official. A U.S. Notary is not the same as a Notario Publico and these differences can be confusing for immigrants when they approach Notaries in this country. Notaries in the United States should be very clear about what they can or cannot do to serve immigrants the right way and steer clear of notario issues. Becoming a Notary Public You can become a Notary in your state if you meet the eligibility requirements and follow all of the steps your state includes in their commissioning process. The process varies from state to state, but generally, you would fill out an application, pay the state's application fee, take a training course or pass an exam, file your bond and oath of office, and buy your Notary supplies.

Notary Signing Agents often are asked by title companies and signing services to include extra signed and stamped notarial certificates in the completed loan packages they return after an appointment. The reason given is that the company wants extra certificates to rectify any mistake the NSA made in completing a notarial certificate on the mortgage, deed of trust or other notarized document in the loan package without having to send the entire document back for the NSA to correct. That would take precious time that could delay the closing of the transaction. But this is a problem for NSAs. While you instinctively want to follow the instructions your clients give you, this one requires you to violate Notary law. State laws and extra Notary certificates Many states address the issue of sending pre-signed, pre-stamped certificates, but they do it in different ways. Some states, such as Florida, outright prohibit the practice. Other states, such as California , require Notaries to complete the certificate at the time they sign and affix their seal. Notaries in these states who fail to do this can have their commissions suspended or revoked, and California Notaries could be fined. Still other states’ laws, as in Mississippi, say that a certificate must be completed “contemporaneously” with the performance of the notarial act, not before or after. NSAs in states that do not have one of these explicit laws should follow the established professional standard of practice against providing these extra certificates to clients. In fact, much of the mortgage industry already recognizes that requests for extra certificates are inappropriate. The Notary Signing Agent Code of Conduct, drafted by the Signing Professionals Workgroup, specifically prohibits NSAs from complying with such requests. Saying no to your client As much as you might not want to, you will have to say “no” to any client who asks you to send extra certificates. Simply explain that it is against the law. Every certificate you complete must be attached to, related to, or connected to a specific document. You also can remind the client that if an unattached certificate were to be used for fraud, they could be named in a lawsuit.

We’re building FindaNotary.com to empower clients to come to you! It is designed and optimized to capture tens of thousands of searches each month from people seeking Notary services. If you’re not listed, you can’t be found. But when the directory goes live, how will it work, and how do you get in on it? We’ve assembled this list of frequently asked questions to give you the answers you need to get started and begin generating new business! What is FindaNotary.com? FindaNotary.com is an online directory where customers can easily connect with Notaries near them. All you need to do is buy a subscription, fill out your profile details through MyNNA and get ready to be found! Customers needing mobile Notary services can use the site to quickly locate and contact mobile Notaries in their area for notarizations. A FindaNotary.com listing provides customers with your contact information, available business offerings, service area, any special skills you have, such as language fluency that can help your customers, and much more. Who is eligible for a FindaNotary.com listing? Because FindaNotary.com will help customers find mobile Notaries who can visit their homes or other convenient public locations, we want to ensure signers know that any Notary they contact through the site is trustworthy. At launch, listings will be available to Notaries who have been background screened through the NNA. How is FindaNotary.com different from SigningAgent.com? SigningAgent.com serves Notary Signing Agents who work with lenders, title companies, and signing services specializing in loan document signings. FindaNotary.com will be a resource to help individuals find Notaries for personal, general Notary work on documents such as healthcare, legal, or small business documents that require notarization. If you are a Signing Agent also offering general mobile Notary services, FindaNotary.com provides an excellent way for customers outside the mortgage industry to find your business. And if you’ve been background screened for your NSA work, you're already qualified for a listing on FindaNotary.com. Is there a fee to sign up for FindaNotary.com? The annual subscription fee is $99. For a limited time, NSAs with a current NNA background screening can pre-order a six-month listing for just $30. The six-month promotion period starts when FindaNotary.com goes live. Everyone who subscribes early will receive an email notification when we're ready for you to fill in your profile details. How do I sign up for FindaNotary.com? Getting listed is easy! Our purchase page is live now. All you need to do is click the ‘Sign up for FindaNotary.com’ button on that page, follow the instructions, and you’ll be ready to go! Why do I need an NNA background screening? This screening ensures you are qualified and trusted to enter people’s homes and safeguard their private information. The reason Notaries who pass this screening earn such a high level of trust is that it includes data from national, state, and county sources, including: Social Security and Motor Vehicle Records Federal District and County Criminal Courts National Sex Offender and Terrorist Watch Lists Nationwide Criminal Database If you’d like to purchase a background screening to get a FindaNotary.com listing, you can contact our Customer Care team at 1-800-876-6827 or email them at services@nationalnotary.org and one of our representatives will be happy to assist you. What if I don’t have a background screening? While we are still in the initial stages of launching FindaNotary.com, we are looking at different options for more Notaries to qualify for a listing on the directory in the future. Please continue to watch NationalNotary.org and The National Notary Bulletin for updates on new FindaNotary.com developments.

Customers often ask Notaries to notarize birth certificates or marriage certificates — also known as vital records. But because of the special nature of these documents, you will have to say no. Here's what a vital record is, and why they cannot be notarized. What documents are considered vital records? A vital record is a government document containing information about a person’s important life events. Examples of vital records include birth certificates, death certificates and marriage certificates. In the United States, vital records are typically issued and maintained at the county or state level by offices such as a county clerk or recorder’s office, registrar’s office or vital records office. Can I notarize a vital record? Customers most commonly ask if Notaries can certify a photocopy of a vital record. Unfortunately, Notaries cannot do this. The reason is that a copy certification requires the Notary to certify that the copy is a true and accurate reproduction of the original document. However, original vital records documents are kept by the government agency that issues them. Only that agency is authorized to issue certified copies of the vital record in question — Notaries are not authorized to make copies or certify copies of vital records. However, if a customer wishes to sign a document to request a copy of a vital record from a government agency, you may notarize the customer’s signature on the request form, provided that the notarization request meets all requirements of your state’s Notary laws. Can a vital record be used to identify a signer? A signer may ask to use a birth certificate as proof of identity for a notarization. Many states, including California, Florida and Texas, do not allow this. Even if not specifically prohibited in your state, a birth certificate is not a reliable form of ID because it lacks the signer’s photo and signature, and any physical description of the signer as a baby on the certificate is useless for verifying the signer’s identity.

Identifying signers is one of the most important responsibilities of every Notary. But determining if a particular ID is acceptable can be a challenge. Given the wide variety of IDs in the world, there’s a good chance that you’ll come across an unfamiliar ID at some point. So how do you determine if it is acceptable? That depends on where you are commissioned. Guidelines vary greatly from state to state, so you will need to be familiar with the ID requirements for your state. These guidelines will determine how much judgment or discretion a Notary must exercise in accepting or refusing an ID, as we shall see. Some states have lists of acceptable IDs for Notaries Some states — such as California, Florida and Pennsylvania — provide specific lists of IDs. In these states, if the ID is not on the list, the Notary cannot accept it as proof of identity. California permits Notaries to accept the following forms of identification, provided they are current or issued in the past 5 years: A California driver’s license or nondriver’s ID A U.S. passport (or passport card) An inmate identification card issued by the California Department of Corrections and Rehabilitation if the inmate is in prison or any form of inmate identification issued by a sheriff’s department if the inmate is in custody in a local detention facility California also permits the following IDs, provided they include a photograph, signature, description of the person and a serial or ID number, and provided they are current or issued in the past 5 years:: A driver’s license or official nondriver’s ID issued by a U.S. state A Canadian or Mexican driver’s license issued by an appropriate public agency A U.S. military ID A valid foreign passport from the applicant’s country of citizenship An employee ID issued by an agency or office of a California city, county, or city and county An identification card issued by a federally recognized tribal government A valid consular identification document issued by a consulate from the applicant’s country of citizenship that meets specific requirements. (Note: Matricula consular cards issued by the government of Mexico do not meet California's statutory requirements.) Additional California Notary ID requirements are available in the “Identification” section of the state’s official Notary Public Handbook. In Florida, the list of acceptable IDs includes the following. These IDs must be current or issued within the past five years and include a serial or other ID number: A Florida identification card or driver’s license A U.S. passport A foreign passport if it is stamped by the United States Bureau of Citizenship and Immigration Services Another state driver’s license or identification card issued by a U.S. state or a territory of the United States A Canadian or Mexican driver’s license or an identification card An identification card issued by any branch of the armed forces of the United States A veteran health identification card issued by the United States Department of Veterans Affairs An inmate identification card issued on or after January 1, 1991, by the Florida Department of Corrections for an inmate who is in the custody of the department An inmate identification card issued by the United States Department of Justice, Bureau of Federal Prisons, for an inmate who is in the custody of the department A sworn, written statement from a sworn law enforcement officer that the forms of identification for an inmate in an institution of confinement were confiscated upon confinement and that the person named in the document is the person whose signature is to be notarized An identification card issued by the United States Bureau of Citizenship and Immigration Services Pennsylvania Notaries may accept the following types of ID: A passport, driver’s license or government-issued nondriver identification card, which is current and unexpired Another form of government identification issued to an individual, which: (a) is current; (b) contains the signature or a photograph of the individual; and (c) is satisfactory to the notarial officer If you live in one of these states, rely on the list. You don’t have to exercise much judgment, if any, in deciding whether or not to accept an ID. Other states set Notary standards for acceptable ID A number of states — such as Texas — prescribe specific elements or information an acceptable ID must have. Notaries in these states must exercise some judgment in determining whether or not to accept an ID presented for notarization. As long as the ID meets the specific guidelines, a Notary may accept it. For example, Texas requires an ID to be current, issued by the U.S. federal government or any U.S. state government and contain the photograph and signature of the signer (CPRC 121.005[a]). States that don’t offer ID guidance for Notaries Finally, some states have laws that offer little to no guidance about acceptable IDs. The decision of whether or not to accept an ID in these states is left completely to the judgment of the Notary. Expired or suspicious IDs and Notaries Signers often produce expired IDs. But that doesn’t automatically mean you cannot accept it. Again, it depends on where you are commissioned. Notaries in Iowa, Montana, North Dakota, Oregon and West Virginia, which have enacted the Revised Uniform Law On Notarial Acts (RULONA), may accept an ID up to three years after it has expired. More than a dozen states, including ​Arizona, specifically stipulate that IDs must be “current,” “unexpired” or “valid” at the time of notarization; in these states, expired IDs are not allowed. This is a solid guideline to follow if you live in a state that does not specifically spell out what to do in the case of an expired signer ID. Finally, if you are presented with an unreliable or suspicious ID, the best action you can take is to have your signer provide an alternative form of ID, or use a different method to identify your signer, such as a credible witness or personal knowledge, depending on your state laws.

Offering apostille services can be a good way for Notaries to earn additional income and diversify their services. But customers can be confused about what Notaries can do when they provide “apostille services.” The National Notary Bulletin spoke with Frank Metayer, owner of Apostilles Near Me in San Diego, California, about offering apostille services as part of a mobile Notary business. Metayer said that if Notaries want to offer this service, it’s important that you understand what an apostille is and make it clear to customers exactly what services you can provide. Below are 3 things customers often misunderstand about apostille services, along with what every Notary should know: Notaries do not issue apostilles Notaries do not provide apostille certificates to customers An apostille cannot be issued unless the document is notarized 1. Notaries do not issue apostilles The most common misconception is that a Notary can issue customers an apostille for a document on the spot. That’s not true, Metayer says. An apostille confirms that the Notary’s commission is valid on notarized documents sent to foreign countries. The notarized document must be submitted to an appropriate state government agency in order to have an apostille attached. Notaries offering apostille services are paid a fee by customers to deliver the notarized document to the government agency that issues apostilles. 2. Notaries do not provide apostille certificates to customers Customers may also ask if Notaries can provide an apostille certificate for the customer to attach themselves. Again, because Notaries do not have the authority to issue apostille certificates, they cannot provide these certificates to customers. 3. An apostille cannot be issued unless the document is first notarized An apostille cannot be issued if there is no notarization on the document. If a document needs to be notarized, it can be done by the Notary offering apostille services, but this is not a requirement. A different Notary can perform the notarization before the apostille is requested. Finally, remember any notarization will be reviewed carefully Whoever notarizes a document that needs an apostille, it’s very important that the document is notarized correctly and all rules are followed, Metayer cautioned. The receiving country will review the document to confirm everything is correct and has the right to reject the document if the notarization was not done properly.

An oath or affirmation is a solemn declaration with legal consequences that can be made before a Notary. If one of your customers wishes to take an oath or affirmation, here is what you need to know. Difference between an oath and an affirmation While both oaths and affirmations are notarial acts that compel a person to tell the truth, an oath is a solemn, spoken pledge to God or a Supreme Being, while an affirmation is a spoken pledge made on the signer’s personal honor with no reference to a higher power. Either is considered acceptable, and the choice is left to the signer. Steps to administer an oath or affirmation When administering an oath or affirmation, follow these steps: Require the person taking the oath or affirmation to physically appear before you. Unless expressly authorized by law, oaths and affirmations may not be administered remotely. Ask the person for acceptable proof of identification as prescribed by state law. An oath or affirmation may be part of the notarial act of a verification on oath or affirmation or jurat requiring the individual to sign the document containing the sworn statement. Proving identity is a requirement for these notarial acts. Ask the person to raise their right hand or make another ceremonial gesture before responding, to emphasize the seriousness of the process. While these ceremonial formalities are seldom required by law, they have value in impressing upon your signer the significance of their actions. Some signers — and even some Notaries — make light of the situation, but it’s clearly not the best time to crack jokes. Be professional and a role model in administering oaths and affirmations at all times and your customer will respond in kind. Administer the oath or affirmation by asking if the person swears or affirms the truthfulness of their statement. The wording may be formulated as a question or a statement depending on your state. California provides the following wording for an oath or affirmation in the form of questions: For an oath: “Do you solemnly state that the evidence you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth, so help you God?” For an affirmation: “Do you solemnly state, under penalty of perjury, that the evidence that you shall give in this issue (or matter) shall be the truth, the whole truth, and nothing but the truth?” (Code of Civil Procedure 2094[a]). Florida does not prescribe the form of the oath or affirmation, so you may pose the oath or affirmation as a question or a statement. If posed as a question, the appropriate wording for an oath for a jurat, verification or affidavit may be something like this: “Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?” Minnesota provides an oath form for affiants that may be used by Notaries who notarize signatures on affidavits: “You do swear that the statements of this affidavit, by you subscribed, are true, so help you God.” (MS 358.07[10]) For an affirmation, MS 358.08 allows the words “swear” and “so help you God” in the abovementioned oath to be replaced respectively with “affirm” and “and this you do under the penalties of perjury.” Texas provides the following oath or affirmation wording for a person taking public office in the form of a statement: “I _________ (affiant), do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ____________, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State (so help me God).” Require the person taking the oath or affirmation to answer “Yes” or “I do” if the oath or affirmation is a question, or have the person repeat the oath or affirmation after you, if the form is a statement. Because the signer’s answer puts them under penalty of perjury, it’s important that the signer's response be clearly understood by the Notary. Nodding, saying “uh-huh” or other ambiguous responses are not appropriate. Tips for taking oaths and affirmations Never Take Shortcuts: If the document being notarized requires an oath or affirmation, you must verbally administer it — even if the signer attempts to rush you or avoid it entirely. Ask, Don't Advise: If a signer is unclear about the difference between an oath and affirmation, you may provide the form for each, but you cannot legally advise the signer which one to make; it’s their choice. Honor Your Signer’s Choice: Since oaths and affirmations are equally legal and acceptable, the Notary should honor the signer’s choice and use the appropriate wording and gestures. Record It In Your Journal: Note every oath and affirmation you administer carefully in your journal. Once you recognize the basics and have several oaths and affirmations under your belt, administering them will be a cinch.

Nevada Notary Application Applicants can fill out the Nevada Notary application online. Once completed, mail all required documentation to: Secretary of State, Barbara K. Cegavske 101 North Carson St., Suite 3 Carson City, NV 89701-3714 Commission Information Becoming a Notary Checklist Renewing your Notary Checklist How to Become a Notary in Nevada Length of Commission 4 Years Forms & Certificates Nevada Individual Acknowledgment Attorney in Fact Acknowledgment (Download for NNA Members only) Representative Acknowledgment (Download for NNA Members only) Credible Witness Acknowledgment (Download for NNA Members only) Proof of Execution by Subscribing Witness (Download for NNA Members only) Signature by Third Party Acknowledgment (Download for NNA Members only) Nevada Copy Certification by Notary Jurat with Affiant Statement State Resources Secretary of State AddressPhoneEmailNotary Division 101 North Carson Street, Suite 3 Carson City, NV 89701-3714(775) 684-5708nvnotary@sos.nv.gov For more information, visit the Nevada Secretary of State's website.

If you are interested in renewing your Notary Public appointment/commission, this practical guide will answer many common questions. (Note: Processes and procedures vary by state.) When should I begin my renewal process? The renewal process varies greatly from state to state, so it’s always a good idea to start thinking about it at least six months prior to the expiration of your current commission. You can check with your state’s commissioning authority to find out w hat you need to do and when. What happens if I have breaks in my appointment/commission? First, you will not be able to notarize documents until your new commission takes effect. In most states, the renewal process is the same as it is for your first commission. Some states require first-time Notary applicants to go through a training course and/or pass a test. In some of those states you might have to attend training and pass a test if you wait too long to renew. A typical grace period might last up to a year. Can anyone help me with the process? Yes, there are organizations that can help you navigate the renewal process. You can check on your commissioning agency’s website or do an Internet search. Do I have to take any courses to renew? It depends. Several states have education and/or testing requirements. Some of those only require training and testing for first-time applicants. How long does it take? The time it takes to renew your commission varies greatly from state to state. Some states can process renewal applications in a matter of days or weeks. Others can take up to six months or longer. Any number of factors can affect how long it takes to renew, including agency staff levels, application volume, budget cuts and how many steps you have to go through. So it’s a good idea to check with your state’s commissioning authority well in advance of the expiration of your current commission. How much does it cost? Depending on the state, the cost can be less than $100 or as much as several hundred dollars. Where can I get training if my state doesn’t require it? A number of organizations offer Notary training. You can check with your Secretary of State’s office to see if it has a list of education vendors, or do an Internet search for “Notary education.” What kind of equipment will I need? You will likely need a new Notary seal. You can continue using the same Notary journal you had with your previous commission. Will I need a bond or insurance? If your state requires a surety bond, you will need to purchase a new bond for your new commission. The bond protects consumers who may be harmed by a mistake or misconduct on the part of the Notary by paying damages up to the amount of the bond. Depending on the state, the bond can be as little as $500 or as much as $25,000. If a claim is paid out, you would be responsible for repaying the bond company. That’s why it’s generally a good idea to also maintain an optional Notary errors and omissions (E&O) insurance policy. An E&O policy protects you against errors you make in performing notarizations. Where can I go if I have more questions? You should start with your state commissioning authority. They should be able to answer your questions. We are another good resource. You can reach out to our Customer Support staff at 800-876-6827. What is the process to renew as a Notary Public? While procedures differ from state to state, the general process to renew your Notary appointment includes: Complete any state-required training or testing Fill out and submit a Notary application Purchase and file your bond (and take and file your oath, where required) Receive your commission Order your Notary seal and supplies Begin performing Notary duties

Remote online notarization (RON) has a long way to go before it is widely accepted. However, by following 5 smart marketing strategies, remote notarizations can be a valuable part of a self-employed Notary’s business offerings. In fact, since September 2020, I have received more than 10,000 requests for remote notarizations, which have added significantly to my income as a mobile Notary/Notary Signing Agent. This article discusses 5 of the marketing strategies I followed to generate that business: Create and maintain your Google Business Profile Create content on your website Explain the benefits of using a remote online Notary service Connect with military bases Connect with international firms By following these tips, you'll be sure to generate more interest in your RON business and attract new clients. 1. Create and maintain your Google Business Profile One of the best ways to market your RON business is to create a Google Business page. This will allow you to list your business in Google's search results, as well as provide potential customers with important information such as your contact details, business hours, and location. When listing your services be sure to include remote online notarizations and electronic notarizations. You want to ensure you are keyword-heavy throughout your listing. I receive about 3-5 inquiries a day for remote online notarizations from individuals around the world based on the way I optimized my Google Business Profile. 2. Create content on your website Another effective way to market your remote Notary business is to create content about RON – such as articles and videos – on your website. When you add content to your website be sure to have heavy-keyword usage again and also include links to reputable sources about electronic notarizations. Be sure that you make the process appear simple and to the reader’s benefit versus in-person notarizations. Try adding a quick 60-second video to your website that will explain the steps to complete a remote online notarization. Here is a link to a sample video I use on my website: E-Notary Advertisement 3. Explain the benefits of using a remote online Notary service When talking to local businesses and individuals, it's important to explain the benefits of using an electronic Notary service. This will help potential clients understand why they should use your services, and it may encourage them to switch from in-person Notary services. Educate your market on what RON is because the average person has absolutely no idea. It is your job to explain to them why it is in their best interest to use your remote online services because it is both time and cost-effective for them. 4. Connect with military bases Another great way to market your remote Notary business is to connect with military bases. There are many benefits to using RON services for military personnel, so this is a great way to reach out to potential customers. You can connect with military bases through online directories or by placing ads on websites that are popular with military personnel. By connecting with military bases, you'll be able to reach a wider audience and attract more clients to your RON business. If you live close to a base, you can connect with different departments that will tell you where to provide your information. You can also connect with someone in your area who is in the military or in online military family groups to discuss your services and make that warm connection for you. 5. Connect with international firms Finally, don't forget to connect with international firms that may be in need of remote Notary services. You can find international firms through online directories. And market to U.S. companies who do business internationally. You can find these by a simple Google search. A good place to start is with international real estate companies and attorneys. I also have consistent international clients who keep me pretty busy. But remember the time difference with international clients. Sometimes I am up at 1am notarizing documents. By following these tips, you'll be sure to generate more interest in your remote Notary business and attract new clients. The sky is the limit with RON because you no longer have to meet in person with clients which will allow for more notarizations to be completed in one day. In my independent Notary service, I complete between 2-10 remote notarizations a day. But you can generate way more than that based on what you are looking to accomplish and your time flexibility. Vanessa Terry, owner and head trainer at Notary2Notary, has over 10 years of experience building successful businesses nationwide. After finding her own six-figure success as a Notary trainer and entrepreneur, she launched Notary2Notary to empower those all over the country to start their own business. Vanessa coaches her Notary students on these three tiers to help others build their successful Notary signing agent businesses across the country.

No one likes to deal with government red tape. For Notaries, red tape usually means confusing or inappropriate requests to notarize government forms. It might be instructions on the form to perform an unauthorized act, stamp a document without room for the seal, place half a seal impression on a photo or complete notarial wording that doesn’t comply with the law. If you encounter one of these tricky forms, here’s what you need to ask before proceeding. 1. Am I authorized to perform the notarization on the document? The first and most important question you need to ask is whether the laws of your state or jurisdiction permit you to perform the act requested on the form. In most cases, you’ll be able to do so because the documents ask for a straightforward acknowledgment or jurat. But some cases are less clear-cut and may include confusing instructions, like the Form I-9 used to verify employee eligibility to work in the U.S. The I-9 Form doesn’t require notarization, but the Handbook for Employers states that a Notary Public can help a new employee fill out the form and sign Section 2 as an “authorized representative” on the new employee’s behalf. Some states provide additional instructions to Notaries regarding I-9s. In Texas, the Secretary of State's office instructs Notaries not to certify or affix their seals to an I-9 Form, but may assist their business in filling out the form in a non-Notary capacity. California officials have stated that Notaries in the Golden State may not complete an I-9 Form in any capacity unless the Notary is a registered and bonded immigration consultant. Adding to the confusion, many companies have instructed Notaries to write “Notary Public” as their title underneath their signature or worse, notarize their own signature on the form, which is not permitted in any state. There are cases when a state Notary regulating official provides instructions for notarizing uncommon documents that seem to contradict usual practices. For example, the California Secretary of State’s 2014 newsletter included a message that California Notaries were permitted to countersign deer and bear tags for hunters. The Secretary’s office said Notaries don’t have to complete a notarial certificate and may not affix their seals on the tag or charge a fee for the notarization. They must countersign the tag, however, and record the act in their journals. 2. Is there room for my Notary seal? Some government documents may ask for a standard acknowledgment or jurat, but may have little or no room to affix a seal impression. We posted a Hotline Tip about one such form, the “TSP-70,” which is used when a former federal employee wishes to withdraw money from a government-provided savings account. Form TSP-70 tells the Notary, “No other acknowledgment is acceptable” but the one on the document, but then provides virtually no space for the seal. In such cases, the NNA recommends that Notaries with rectangular seals affix the seal vertically in the left-hand margin where there may be space without placing it over the text in the document. Notaries with circular seals may be out of luck if their state’s law prohibits the seal from being placed over any text or signatures on the document. If that’s you, you’ll have to refuse to perform the notarization. 3. Can I complete the notarial certificate wording provided? Florida Notaries should refuse to notarize Form TSP-70 for another reason. Florida law requires a notarial certificate to contain no fewer than nine different elements (see F.S. 117.05[4]). Since Form TSP-70 doesn’t include all nine and doesn’t allow a Florida Notary to use any other form, it’s a deal breaker. 4. What else can I do if the law does not allow me to notarize? If a government agency or form’s instructions for the notarization conflict with your state’s law, ask the receiving agency if it will accept an alternative. For example, this medical license form from the state of Ohio appears to require a Notary to affix the seal impression over a color photograph attached to the document. Fortunately, some state forms no longer require this. But for those that still do, placing the seal over the photograph can be problematic. The NNA suggests that Notaries presented with these documents try one of these alternative approaches: First, find another place near the Notary’s signature to affix a legible seal impression. Second, place a partial seal impression over the attached photo as requested. If this is not possible, ask the receiving agency if it will accept an attached and stapled certificate form with room for a clear and legible Notary seal. If you’re still unsure, don’t be afraid to ask for help If you’re still not sure if you can perform an unusual notarization on a government form, don’t hesitate to ask for assistance. The NNA’s Hotline consultants or your state Notary agency can provide additional information and guidance to help you follow the law and avoid improper notarizations.

Two of the most common questions Notaries ask the NNA are “Can I notarize a document from another state?” and “Can I notarize a document that uses notarial wording from another state?” While most Notaries are familiar with the certificate wording of their own state, requirements regarding that wording vary greatly from place to place, and out-of-state certificates often include unfamiliar, even confusing, wording. Some states prescribe the exact wording that certificates must use. Other states offer general guidelines. In some cases, it is left entirely up to the Notary to determine if the wording on a particular certificate is acceptable. So how do you deal with a Notary certificate that comes from another state? Comply With Your Own State’s Notary Certificate Laws In most states, the general rule is that certificates must comply substantially with the requirements found within their statutes. For example, many states say that an acknowledgment certificate is sufficient as long as it contains the words “acknowledged before me” or an equivalent of that phrasing, still leaving the exact wording somewhat open. In these states, a Notary may use a certificate from another jurisdiction as long as the Notary follows all of the requirements for the notarization in the Notary’s state. This typically means the signer must personally appear before the Notary and be properly identified, and sign, or acknowledge signing, the document. However, the actual certificate wording describing these actions may vary. In Texas, the state provides suggested certificate wording for Notaries to use, but permits Notaries to use different wording as well. Other states have more rigorous requirements. In Florida, for example, every jurat and acknowledgment certificate completed by a Notary — whether issued in or outside of the state — must contain 9 specific elements and be substantially in the form prescribed in the statute. This gives Florida Notaries some leeway in completing out-of-state certificates, as long as the certificates include all of the required elements and the wording generally conforms to the examples in state law. In California, Notaries cannot complete jurat or proof of execution certificates that come from out of state. Instead, they must use a separate certificate that exactly matches state-required wording. They may, however, complete an out-of-state acknowledgment certificate as long as the document will be filed outside of California and the wording doesn’t require the Notary to certify that the signer holds a representative capacity or make other determinations not allowed by law. If you have any questions about your state’s requirements, contact your state Notary agency or the NNA Hotline. Quick Tips For Out-Of-State Notary Certificates Tip #1 Determine the type of notarization the out-of-state certificate requires. If you are unfamiliar with the style and wording of the notarial certificate, read through it for keywords and phrases — such as “acknowledged,” “subscribed and sworn to” or “signed and sworn to” — which will help you determine what type of notarization is required. Tip #2 Check the out-of-state Notary certificate's venue. The “venue” field in a notarial certificate must always reflect the state and county where the notarization is performed — not necessarily where it was prepared or where it will be filed. If the certificate comes with another venue filled in, cross through it and enter the correct information. Tip #3 Determine if the certificate wording variations are major or minor. If you are in a “substantial compliance” state, check the certificate on the document against the statutory form — usually found in your state’s Notary handbook. If the statutory form requires you to enter the date of notarization but the out-of-state certificate does not, this could be an indication the out-of-state form is not compliant. If the statutory form reads, “Before me, John Smith, Notary Public…” and the out-of-state wording reads, “Before me, the undersigned Notary Public of said state…,” then the certificate is probably acceptable. Tip #4 When in doubt, attach a separate certificate. If you have any doubts about the out-of-state certificate, play it safe and replace it with one of your own. But first have your signer verify that a separate certificate would be acceptable.