he origins of Notaries can be traced to ancient Egypt — a time when making records official transactions became important to humanity. The following are a few snapshots of how Notaries and notarization played a key role in the development of governments, commerce and organized society: Ancient Egypt: 2750-2250 B.C. Ancient Egyptian "sesh," or "scribes," were established in the Old Kingdom and were the earliest known chroniclers of official communications in recorded history. Scribes made up an entire level of the ancient Egyptian bureaucracy. Personal letters, official proclamations, tax records, and other documents all went through their hands. The recording of events was so highly valued that Pharaoh Tutankhamen even included writing equipment in his tomb for the afterlife. Roman Empire: 535 The true ancestors of Notaries were born in the Roman Empire. Many regard history's first Notary to be a Roman slave named Tiro, who developed a shorthand system which he called notae for taking down the speeches of the famed orator Cicero. Other witnessing stenographers came to be known as notarii and scribae. As literacy was not widespread, the Notary, or "Notarius" as they were called, served to prepare contracts, wills, and other important documents for a fee. As the Roman Empire grew and literacy increased, demand for the Notary also increased. Order of the Knights Templar: 1099-1307 The Knights Templar were a monastic military order formed at the end of the First Crusade with the mandate of protecting Christian pilgrims on route to the Holy Land. From humble beginnings, within two centuries they had become powerful enough to defy all but the Papal throne, and created the modern system of banking, mortgages and loans. The Clergy of the Order were highly educated and became the critically important Notaries for all Templar business, official documents, orders and proclamations. Notaries Public in England: 13th and 14th Centuries Notaries were not introduced into England until later in the 13th and 14th centuries as English common law developed separately from most of the influences of Roman law. Notaries were often appointed by the Papal Legate or the Archbishop of Canterbury, and in those early days many were members of the clergy. Over the course of time members of the clergy ceased to involve themselves in secular business, thus laymen in towns and trading centers began to assume the official character and functions of a modern Notary. Notaries and the Conquests of Columbus: 15th Century Notaries accompanied Columbus on all of his voyages to ensure to King Ferdinand and Queen Isabella that all discovered treasures were accounted for. They witnessed noteworthy acts, like when Columbus first beheld the New World in 1492 by landing on San Salvador Island in the Bahamas. Notaries in Early America: 1600-1800 In Colonial America, only persons of high moral character were appointed as public Notaries to certify and keep documents safe. Their contributions to colonial life are largely seen as the reason American business became a huge success. For example, in colonial times Notaries were invaluable to trans-Atlantic commerce, as parties on both sides depended on them to be honest third parties in reporting damage or loss to a ship's cargo. While Notaries were held in very high regard during this time, life for Notaries in early America was anything but easy. Some were even killed for their involvement in authenticating official documents and recordkeeping as conflicting factions fought for control of the New World. John Coolidge and President Calvin Coolidge: 1872-1933 John Coolidge was born in 1845 and was 78 years old when he came to fame as a Notary Public in Plymouth Notch, Vermont. His son was Calvin Coolidge, was elected Vice President under Warren G. Harding in 1921. When Harding died in 1923, Coolidge was sworn in as the 30th President of the United States by his father – the only president to ever be sworn in by a Notary. Other Fascinating Historical Facts Notary Of The Bedchamber. In the Middle Ages, Notaries were sometimes asked to witness the consummation of marriages involving royalty or members of the peerage. To Be Or Not To Be. There is considerable evidence that Shakespeare once worked for a Warwickshire Notary and later had repeated contact with other English Notaries. It is felt that he drew on these experiences to write such plays as "The Merchant of Venice." They Didn't Trust Columbus. Notaries accompanied Columbus on all his voyages just as they accompanied nearly all early Spanish explorers. The reason: King Ferdinand and Queen Isabella wanted to ensure that all discovered treasures were accounted for. On October 12, 1492, when Columbus first beheld the New World, a Notary named Rodrigo de Escobedo was on hand to document the landing on San Salvador Island in the Bahamas. Papal Notaries. Notaries were once church officials appointed by the Pope. After Henry VIII separated England from the Church of Rome, the Archbishop of Canterbury commissioned Notaries in England and her American colonies. Ye Olde Notary. In colonial times, Notaries were invaluable to trans-Atlantic commerce. Before the advent of electronic communication, merchants on both sides of the Atlantic depended on Notaries to be honest third parties in reporting damage to ships or cargo — a notarial act known as a "marine protest." First American Notary A Forger. The American Colonies' first Notary, Thomas Fugill, appointed in 1639 in the New Haven Colony, miserably failed to live up to his duties and was thrown out of office for falsifying documents. Oui! Je Suis Un Notaire! With the purchase of Louisiana in 1803, an outpost of the French legal system was absorbed into the United States. To this day, Louisiana's legal system — and its Notaries — are unique, modeled in large part on the Napoleonic Code. Louisiana Notaries have powers similar to those of attorneys. Hail To The Chief! At the turn of the century, the power of appointing Notaries for the District of Columbia was still delegated to the President of the United States. Notaries were appointed for a five-year term and removed at the President's discretion. Today, the Mayor of the District appoints its Notaries. Suffering Suffragettes. Not only could women not vote, but, until the early 1900s, women in America were also prohibited from becoming Notaries. U.S. Supreme Court Justice Oliver Wendell Holmes Jr. held that since there was no record of women holding the office in England, it could not be affirmed that women were capable of being Notaries. Today, more than two-thirds of America's Notaries are women. Notary Sojak. In the 1920s and 1930s, a stock phrase in the popular comic strip "Smokey Stover" was "Notary Sojak." If anyone ever finds out its meaning, let us know. Breakfast Of Champions. When Wheaties executives asked baseball player Pete Rose to appear on a Wheaties box, he had to sign and swear in the presence of a Notary that he'd eaten the cereal ever since he was a kid. Draw, Mister! At one time in Tennessee, statutes forbade "known duelists" from becoming Notaries because they were considered individuals of questionable reputation. Breach Of Faith. In South Carolina, a 127-year-old law requires all Notary applicants to swear allegiance to God. In a case currently before the state's Supreme Court, an atheist is challenging this requirement. Don't Get In His Way. In the classic Hollywood film, "D.O.A.," the hero played by Edmund O'Brien was a Notary who had two hours to find an antidote to a deadly poison. Get Real. Although his father wanted him to follow in his footsteps and become a Notary, surrealist painter Salvador Dali had other aspirations. Oh, My Papa! Artist-inventor Leonardo da Vinci was also the son of a Notary. To safeguard his ideas, da Vinci perfected the skill of writing backward; one must use a mirror to read his thoughts. Good thing he didn't follow in his father's footsteps. Mark His Words. In 1864, Samuel Clemens (a.k.a. Mark Twain) became a Notary Public in Nevada — the only genuine public office to which he was ever appointed. The literary world is ever-grateful he chose not to remain in public service. Notarygate. Frank DeMarco, Jr., a California tax attorney/Notary was accused of fraudulently backdating forms relating to former President Richard M. Nixon's donation of papers to the National Archives to beat a tax deduction deadline. After months of controversy, DeMarco resigned his Notary office in June 1970 to forestall an investigation by the state. Evidence of the alleged transaction was sent to the Watergate Special Prosecutor and was but one more incident eroding Nixon's political support and leading to his resignation from office.

Notarization is the official fraud-deterrent process that assures the parties of a transaction that a document is authentic, and can be trusted. It is a three-part process, performed by a Notary Public, that includes of vetting, certifying and record-keeping. Notarizations are sometimes referred to as "notarial acts." Above all, notarization is the assurance by a duly appointed and impartial Notary Public that a document is authentic, that its signature is genuine, and that its signer acted without duress or intimidation, and intended the terms of the document to be in full force and effect. The central value of notarization lies in the Notary's impartial screening of a signer for identity, willingness and awareness. This screening detects and deters document fraud, and helps protect the personal rights and property of private citizens from forgers, identity thieves and exploiters of the vulnerable. Every day the process of notarization prevents countless forged, coerced and incompetent signings that would otherwise overwhelm our court system and dissolve the network of trust allowing our civil society to function. The Different Notarial Acts Acknowledgments An acknowledgment is typically performed on documents controlling or conveying ownership of valuable assets. Such documents include real property deeds, powers of attorney and trusts. For an acknowledgment, the signer must appear in person at the time of notarization to be positively identified and to declare ("acknowledge") that the signature on the document is his or her own, that it was willingly made and that the provisions in the document are intended to take effect exactly as written. Jurats A jurat is typically performed on evidentiary documents that are critical to the operation of our civil and criminal justice system. Such documents include affidavits, depositions and interrogatories. For a jurat, the signer must appear in person at the time of notarization to sign the document and to speak aloud an oath or affirmation promising that the statements in the document are true. (An oath is a solemn pledge to a Supreme Being; an affirmation is an equally solemn pledge on one's personal honor.) A person who takes an oath or affirmation in connection with an official proceeding may be prosecuted for perjury should he or she fail to be truthful. Certified Copies A copy certification is performed to confirm that a reproduction of an original document is true, exact and complete. Such originals might include college degrees, passports and other important one-and-only personal papers which cannot be copy-certified by a public record office such as a bureau of vital statistics and which the holder must submit for some purpose but does not want to part with for fear of loss. This type of notarization is not an authorized notarial act in every state, and in the jurisdictions where it is authorized, may be executed only with certain kinds of the original document. Each state and U.S. territorial jurisdiction adopts its own laws governing the performance of notarial acts. While these different notarial laws are largely congruent when it comes to the most common notarizations, namely acknowledgments and jurats, there are unusual laws in a number of states. In the state of Washington, for example, certification of the occurrence of an act or event is an authorized notarization. And in Maine, Florida and South Carolina, performing a marriage rite is an allowed notarial act. The Parts of a Notarization The Notary's screening of the signer for identity, volition and awareness is the first part of a notarization. The second part is entering key details of the notarization in the Notary's "journal of notarial acts." Keeping such a chronological journal is a widely endorsed best practice, if not a requirement of law. Some states even require document signers to leave a signature and a thumbprint in the Notary's journal. The third part is completing a "notarial certificate" that states exactly what facts are being certified by the Notary in the notarization. Affixation of the Notary's signature and seal of office on the certificate climaxes the notarization. The seal is the universally recognized symbol of the Notary office. Its presence gives a notarized document considerable weight in legal matters and renders it genuine on its face (i.e., prima facie evidence) in a court of law. Being a Public Official Notary History

Notaries are public officials appointed by the governments of the 50 U.S. states, the District of Columbia and the five U.S. territories to serve their citizens as trusted, impartial witnesses to document signings. A Notary's geographic authority to perform notarizations is strictly limited to the boundaries of the appointing state or jurisdiction and to the term of the commission, which may vary from two to 10 years. They must also uphold the law of the appointing state or jurisdiction. When performing official notarial acts, Notaries are serving the public service on behalf of their state. They cannot violate the law at anyone's request — and that includes employers, clients, friends or family members. Notaries must also be impartial, which means they must never refuse to serve or discriminate in their quality of service, based on an individual's race, nationality, religion, politics, sexual orientation or status as a non-customer. As representatives of the state, Notaries must perform their official duties with respect and seriousness for the public service role they play as a trusted, impartial witness.

Millions of Americans serve as Notaries Public to protect consumers from fraud and identity theft. In fact, they are in such high demand by businesses, industries and private individuals that there is one Notary for every 72 people in the country. While being a Notary might seem mundane, they witness and authenticate the signing of our most important transactions: mortgage documents, powers of attorney, contracts, adoption papers, advance medical directives and other dealings central to our lives and the economy. It's also a great way to earn extra income working from home or improve your resume and career. Here are the top five reasons why you should consider becoming a Notary Public. Make Additional Income While Notaries are appointed by their states and serve as public officials, they charge their clients directly and the revenue is theirs to keep. That's why tens of thousands of people hit the streets as "mobile Notaries" in their communities. Most states regulate how much a Notary can charge for an individual notarization (for example, $15 in California and $10 in Florida), but many clients often need more than one signature notarized. You're also allowed to charge additional fees for items such as travel, supplies and other expenses. Additional Resources: 22 Ways To Make Money As A Notary Become a Notary Signing Agent If you like the idea of being a Notary to make additional income, becoming a Notary Signing Agent is right up your alley. An NSA is a trained and certified professional that handles the notarization of loan documents in real estate closings. For the mortgage finance industry, NSAs serve as the critical final link between the banks and the borrower to complete the loan. They are hired directly by title companies and signing services as independent contractors to ensure that real estate loan documents are signed by the borrower, notarized, and returned for processing. Notaries make a considerable amount of extra income from this line of mortgage finance work, in addition to their work as a mobile Notary. Additional Resources: By Fluke And Design: How 3 Notaries Built Thriving Businesses Improve Your Resume/Skillset Notaries are in high demand in a variety of industries, including banking, finance, medical, legal, government, insurance, technology … the list goes on. In fact, just about every industry uses the services of Notaries, so becoming one will add to your marketable skill sets, improve your resume and increase your value as an employee. In the workplace, Notaries serve two general functions: Notarizing documents in the back office for co-workers and bosses or notarizing for customers in a bank or their local photocopy and shipping shop. Many employers value employees with Notary skills to handle their document authentication needs and provide customers with top-notch service. Additional Resources: Notarizing On The Job: What You And Your Boss Need To Know Enjoy a Flexible Schedule If you choose the mobile Notary/Notary Signing Agent route, you will have the flexibility to set your own hours. It's a perfect line of work for home-based entrepreneurs, moonlighters, stay-at-home parents (who can do mobile notarizations in the evening) or anyone looking to make some additional income. Many people who need notarizations request them after normal business hours, so you can make the most of your evenings, or arrange a time that's right for you. Additional Resources: Alternate Income Opportunities Help Your Community America's Notaries Public are known for their spirit of helping those in need. If you are the type of person who enjoys giving back to your community, being a Notary is a great way to support that passion. Many types of people need notarization services but cannot afford them, like the elderly, homeless, disabled and college students. These groups typically need notarizations for powers of attorney, residency affidavits, advance medical directives, college transcripts and enrollment verifications. Notaries often hold events at community centers, retirement homes and campuses to provide free or low-cost notarizations. It's also a great way to network and market yourself for paying clients. Additional Resources: Serving Others One Notarization At A Time If any of the above scenarios sound intriguing to you, you're definitely the kind of person who should become a Notary Public. Get familiar with the qualifications and requirements and get started with your application today!

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.

In our global society, Notaries are increasingly asked to notarize documents written in foreign languages they cannot read. Generally, state laws do not expressly prohibit the Notary from notarizing a document that is not in the English language. However, depending on the circumstances, it may be inadvisable to notarize such foreign-language documents. The danger, of course, is that the document is being misrepresented to the Notary. For any non-English document, the best option is to refer the signer to a Notary who reads and writes the language of the document. If that is not possible, the Notary should only proceed if the notarial certificate itself is in English or another language the Notary reads and writes. If the Notary cannot read the certificate wording being used in the notarization, the Notary has no way of knowing how to correctly fill out the certificate or even knowing if it’s an act the Notary may legally perform. It is important that the signer and the Notary be able to communicate in the same language without reliance on a third party who, intentionally or unintentionally, may interpret the conversation incorrectly. A Notary cannot know if a third-party interpreter — even when it’s a trusted attorney or employee at the Notary’s firm — is correctly relaying the signer’s intent. The signer and Notary must be able to directly communicate and understand each other in the same language. Only one state, Arizona, expressly authorizes a Notary to rely on an interpreter in discerning the intent of the signer.

Notarizing documents from foreign countries is often confusing for Notaries. Here we'll answer some general questions and provide you with additional helpful information for working with international notarizations. Is The Notarization Permitted? Notaries in most countries perform very different duties compared to their counterparts in the United States. Foreign Notaries who have powers similar to similar to attorneys and are authorized to advise and prepare documents for clients. However, U.S. Notaries have more limited authority, and may not advise or prepare documents for clients. The confusion occurs when people from other countries ask U.S. Notaries to perform official acts that are not permitted under state law. One common example is when a Notary is asked to certify that a foreign citizen residing in the U.S. is still alive in order to collect an overseas pension. Only the state of Montana explicitly authorize Notaries to certify these “proof of life" certificates. This often confuses signers who have been directed by foreign government agencies to take their life certificate to a U.S. Notary. If you are asked to perform a notarization on an international document, find out first if your state permits it. You can contact your state Notary regulating agency. Members also can contact the NNA Hotline. What If The Document Is In A Foreign Language? International transactions often involve documents drafted in a language you can't read. Is this a deal-breaker? As a general rule in most states, you may notarize a document written in a foreign language as long as the notarial certificate is in English or a language you can read. You’ll need to check your state’s laws and guidelines for specific guidance. That said, it’s safer and generally more advisable to refer the signer to a Notary who can read the foreign language. It's also a recommended practice to have a signer sign the document using characters or a language you can read and understand since the signed name could be different than what you are told. Do Notaries Issue ‘Apostilles’? If you’ve ever been asked to notarize a document sent to another country, your signer also may have asked you about obtaining an apostille to authenticate this document. An apostille is a certificate authenticating the signature and seal of the officer performing the notarization on a document being sent between countries that have ratified The HCCH Apostille Convention. Basically, an apostille confirms to the document’s recipient that the individual who notarized the document had a valid commission at the time the document was notarized. Without an apostille attached, a document sent between countries must go through a much lengthier authentication process by several different agencies in order to be accepted. Many people mistakenly believe that apostilles are issued directly by Notaries. Only an authorized authority under the HCCH Apostille Convention (also known as "The Hague Convention") — typically the Secretary of State’s office or other Notary-regulating agency — is authorized to issue apostilles. If a signer asks for an apostille, they will have to submit the document to the appropriate authority, which will typically process and attach an apostille to the notarized document for a fee. Some signers may ask if you can courier their document to the Secretary of State's or appropriate officials office to obtain the apostille/certificate of authority for them. Notaries who live in areas with access to the appropriate office sometimes offer this service for an additional fee. Are There Any Other Alternatives? If it turns out you can’t notarize an international document, the signer may have other options. Embassy and consular staff are authorized to notarize documents being sent to their home countries. If a foreign country requests a notarial act for a signer’s document that a U.S. Notary isn’t authorized to perform, the signer can contact that country’s local consulate or embassy for assistance.

Mobile Notaries across the country constantly look for ways to grow their business. One of the ways they do this is by adding services. One of the new services they can add are apostille services. This service fits nicely with a Notary business because customers often ask Notaries to provide apostilles. While Notaries cannot issue apostilles — only an authorized state agency can do so — you can earn extra income by assisting customers in getting their documents in the correct form to be accepted by the agency that issues apostilles. There are a number of elements you need to understand as you consider adding this service to your business: What is an apostille? What is an apostille agent? What are Some of the Functions of an apostille agent? How much can I charge for apostille services? What are the benefits of becoming an apostille agent? Important facts about obtaining apostilles What is an ‘apostille’? In the modern world, countless documents are signed and sent between countries, many of them notarized or including the signature of some other public official. The challenge for individuals receiving the documents is knowing whether the Notary’s signature is legitimate. An apostille is a certificate issued by a government agency verifying the authenticity of the signature of a Notary Public or other public official. In other words, an apostille confirms that the seal and signature of the Notary on a document is valid, and the notarization can be accepted by the receiving agency in the foreign country. They are specifically used for documents going to the 156 countries that are signatories to the Hague Apostille Convention. Documents sent to countries that are not part of the Hague Convention may require additional certification from the U.S. Department of State. What is an ‘apostille’ agent? An apostille agent assists for customers in obtaining apostilles or authentications. However, it’s important to make one thing clear: You (the Notary) do not issue apostilles or attach them to documents. That is the role of the state agency authorized to issue apostilles, usually the Secretary of State’s office. Only an authorized government agency can place the actual certificate of apostille on the document. But an apostille agent can provide other valuable services to assist customers in need of apostilles, as described below. What are some functions of an ‘apostille agent’? Apart from notarizing the signatures on a document, an apostille agent can provide a variety of services. For example, an agent can provide courier services to deliver notarized documents requiring apostilles to the appropriate agency. This might entail sending the notarized document, a check for the processing fee, the apostille request form and a return mailing label to the apostille-issuing agency on the customer’s behalf. The agency would then process the request, attach the apostille and mail the document with apostille back to the Notary or the customer. Apostille agents also may contact the issuing agency on the customer’s behalf to request instructions related to obtaining an apostille. For example: You might be asked to find out if the agency requires the customer to submit the original notarized document, or if the customer can provide a certified copy of the document instead. Please remember that not all states authorize Notaries to certify copies of documents, and Notaries are never allowed to certify copies of vital statistics documents such as a birth certificate, a death certificate, a marriage license or a divorce decree. You also may be asked to confirm with a state agency if they will issue an apostille for a document notarized using remote notarization, or other details such as if the document requires translation, a cover page, or contacting a federal agency to ask if the receiving country will require additional documentation. How much can I charge for ‘apostille’ services? Because apostille services are not part of your duties as a Notary, the fees you charge are not limited by your state Notary laws. As such, you may set your fees for those services at your discretion. You should consider the following factors when deciding what to charge: How many documents you are sending for processing and what are the state fees; Where the documents are being sent for processing; What kind of shipping costs you are incurring; and Whether you are asked to provide expedited service. Remember that fees you charge for apostille-related services (such as submitting documents to the issuing agency on a customer’s behalf) should be charged and recorded separately from your fees for notarial acts, which are regulated by your state’s Notary laws. Like any new business service you decide to offer, there is a learning curve with becoming an apostille agent. However, it can be profitable and enjoyable. What are the benefits of becoming an ‘apostille’ agent? In my experience, becoming an apostille agent affords you several benefits. It complements traditional Notary businesses very well. You will have numerous opportunities to offer apostille business services to your existing customers. I do quite a bit of general notarization work and never miss a chance to tell a client that I am also an apostille agent. Often that client has never heard of an apostille. I explain what it is, give them my business card and wait for the phone to ring — and it has. It’s very easy to offer apostille agent services as either a part-time or full-time business because you have a flexible schedule. If you work out of a specific location, you can arrange appointments to accommodate your own schedule. If you are a mobile Notary, you may want to charge a travel fee go to the client to pick up the documents and deliver them back to the client. Many Secretaries of State are now accepting documents for apostilles that have been notarized using remote online notarization (RON). If you are authorized to perform RONs, you might remotely notarize documents, then also offer services sending and delivering remotely notarized documents requiring apostilles to issuing agencies for your clients. Important facts about obtaining ‘apostilles’ Here are important details about apostilles you should know if you want to offer apostille agent services: Every apostille is issued by the government agency (usually the Secretary of State’s office) in the state where the document ORIGINATED. For example, let’s say our client went to school in California, now lives in Pennsylvania and needs an apostille for his California school diploma. Because the diploma was issued in California, the apostille must be obtained from the California Secretary State’s office. The destination country may affect whether the customer needs authentication documentation instead of an apostille. In 1961, many countries joined the Hague Convention, which allows expedited authentication of documents sent between member nations. Most countries in the world are members of the Hague convention, but some are not. If the destination country is NOT a member of the 1961 Hague Convention, the document may require additional paperwork from the U.S. Department of State in addition to the apostille. In some instances, a client may also want you to present the documents to an embassy of the destination country on their behalf. So you will need to ask clients several important questions: What is the type of document(s) Where did it originate (STATE OF ORIGINATION); and Where will it be going (COUNTRY OF DESTINATION) If you decide to add being an apostille agent to your business, it can be a profitable and enjoyable line of work.

Can Notaries accept foreign passports or consular cards as proof of a signer’s identity? — D.C., Texas Yes and no. A Texas Notary may accept a foreign passport as proof of a signer’s identity only when notarizing residential real estate transactions. A Texas Notary may not accept a matricula consular card to identify the signer. The relevant law requires IDs to be issued by the federal (U.S.) or state government. A matricula consular card is issued by neither which is why Notaries can’t accept it. See Texas Administrative Code provision (1 TAC 87.1[1]). Please see our article on unusual signer IDs for information on other state rules regarding Notaries accepting consular identification cards as proof of signer identity.

For many Notaries, loan signings have been their business focus for many years. While I offer NSA services as part of my business, I know that isn’t enough to maximize my business and protect it if there’s a downturn in the market as we have seen in recent months. In fact, much of what I do would be considered “general” Notary work. I’ve been successful following this avenue because even when the real estate market is down, there are plenty of general Notary opportunities with local businesses, including: Law firms Hospitals and healthcare providers Independent car dealers Bail bondsmen Schools and universities Law firms I’ll let you in on a secret: many law offices don’t have on-staff Notaries. Many lawyers today don’t have big offices or support staff. And that means that if a client needs a notarization, they need the help of an independent Notary like you. This has been even more the case since COVID. Since the pandemic, many places that used to offer Notary services, like banks, have significantly limited the types of notarizations they are willing to provide. And this is why law practices offer mobile Notaries great opportunities. If you do pursue work with legal practices, you should familiarize yourself with the types of notarizations commonly needed by lawyers and their clients. When you do meet with a potential legal practice client, whether it’s the attorney, an office manager or a paralegal, look the part and dress appropriately. Knowledge is important, but so, too, is being professional. If you’ll be meeting clients, you’ll be acting as the attorney’s representative. Dropping by a law office to introduce yourself is an option, but before doing so, check the practice’s website for their office hours. A carefully crafted e-mail or phone message may be needed first to get your foot in the door. Hospitals and healthcare providers There are numerous Notary opportunities at medical facilities (hospitals, elder care facilities, etc.). Patients often need various types of notarizations, including powers of attorney and advanced health directives, but few facilities have Notaries on hand. You’ll need to approach medical facilities carefully. Don’t just drop in. Contact the business office with a call or carefully crafted e-mail, asking for an appointment with a business director or someone else authorized to call in an outside Notary. Again, ask what services the facility needs — for example, the types of notarizations that are needed, times of day that you might need to come in (including night and weekend hours), etc. — and address how you can solve them. And it’s not just patients who need Notaries. Doctors need your help, too. Medical partnerships are business entities, and they need business documents regularly notarized. Again, contact a business director or office manager to arrange a meeting and discuss how you can help them with any business transactions that need a Notary. Independent car dealers Selling or buying a car involves numerous documents, and this provides Notaries work opportunities such as notarizing vehicle releases when a seller has lost the pink slip or notarizing loan signing documents for vehicles being sold over the internet. A direct approach might be your best tactic here — call or e-mail ahead and make an appointment for a time that is convenient for the dealer. Again, you should ask what types of notarizations the business needs most often, find out what type of issues they face that a Notary can help with, and offer solutions. Bail bondsmen If you are willing to work outside normal business hours, you might want to approach bail bondsmen in your area and offer them your Notary services. Bail bondsmen often keep odd hours and they usually don’t employ Notaries. Plus, few Notaries who work for defense attorneys are available to work after hours with bail bondsmen, so this is a good opportunity if you are an independent mobile Notary available outside the normal 9-5 schedule. Schools and universities If you offer apostille courier services along with your Notary services, schools and universities often need to complete apostilles for students traveling or studying overseas. Contacting the administrators of overseas or travel programs via phone or e-mail at a school would be the best approach for getting started here. These examples are just some of the avenues you can try. They worked for me, but some may not be perfect for you. You’re the one who will know best, so try reaching out to different businesses and finding the ones that suit you. No matter where you find more general Notary work, your goal should be to build your own solid customer base that will remain constant through the highs and lows of our economy.

As impartial, trusted witnesses, Notaries Public are a major line of defense against fraud. So it makes sense that they would also play a role in preventing fraud in the growing world of remote online notarizations (RON), according to Notary expert and experienced remote Notary Dushunna Scott. Due to the global COVID-19 crisis, business transactions increasingly have moved online at an unprecedented pace, but greater opportunities to conduct legitimate business online have also opened the doors to scammers hoping to take advantage of untested platforms and security lapses, Scott said in a NNA 2020 Online video presentation. One of the key elements of remote notarization is that the entire transaction is video recorded. You still can help prevent fraud as a remote online Notary by scrupulously following all of the old rules (paying special attention to verifying ID). Only with RON, you follow the rules using technology and new protocols for recording the encounter via video, keeping tabs on people in the background and keeping your digital credentials safe from those who seek to steal them, Scott said. Verify identity As part of the remote notarization, the signer may be required to verify their identity through 1 of 2 technology methods: Knowledge-based authentication (KBA), which requires the signer to answer a series of computer-generated questions based on their personal history, credit and financial information. Credential analysis, which uses technology to verify the information on a signer’s ID. However, Scott said you should still personally check the identification document. Have the signer hold it up to the camera. Then look carefully at it. As usual, ensure the ID matches the name on the document, and do not accept expired IDs unless your state allows this. You also want to check your state’s laws on the types of identification allowed and which types of discrepancies are permitted, such as a middle initial instead of a full middle name. Know who is in the background While the entire transaction will be recorded, you can only record what the camera sees. Others might be in the background or standing off to the side, influencing or coercing the signer to take part in a transaction they don’t understand or approve, Scott said. It’s up to the Notary to monitor the environment. Look to see if the signer’s eyes shift to the left or right as though they’re consulting another person before doing something. Also listen for other voices in the background, she said. Ask questions if you suspect fraud, such as “Are you signing this of your own free will?” Use your judgment to consider whether the encounter feels forced or suspicious. Common mistakes When dealing with newer technology, some folks may be more comfortable letting savvy friends or relatives do the signing, but don’t let them. Each signer must put his or her own signature on the document. Scott also said she has seen Notaries put their digital seal on their websites as an advertisement for their business, but this is particularly dangerous. Anyone could steal the e-seal’s information and use it. She also advised that Notaries understand which documents may be remotely notarized and which may not — some documents still must be signed in person due to various state laws. If someone requests something you know is prohibited, that’s an immediate red flag. “Vigilance is key,” Scott said. “Practices change every day; stay on top of your game.”

Webcam notarizations have become the hot-button, Notary issue of the 21st century. The debate started five years ago when Virginia enacted controversial legislation that permitted notarizations to be performed using webcam technology over the internet. The move sent shockwaves through the industry. The process seemed to violate the most essential element of any notarization: that the signer physically appears in the presence of the Notary at the time of the notarization. But since that tumultuous time in 2011, the atmosphere surrounding webcam notarizations has gradually begun to change. Last year, Montana became the second state to authorize webcam notarizations, and others are testing the waters. Still, the movement toward webcam notarizations remains in its infancy. There are only 127 Notaries in Virginia authorized to perform webcam notarizations for signers anywhere in the world. (Update 6-21-19: As of June 2019, several more states have authorized remote online notarizations in their laws.) And many regulators, business entities and Notaries remain leery, fearing the potential for fraud. To date there are many unanswered questions: Is it wise to redefine what it means to personally appear before a Notary? How will audio-video technology affect a Notary’s ability to properly identify signers and determine their willingness and awareness? How will it affect their ability to detect potential warning signs of fraud? How secure and reliable is the technology? Identifying Signers Via Webcam The heart of the debate lies in the question, can Notaries carry out their essential, fraud-fighting duties via webcam technology as well as, or better than, in person? “From my experience, a webcam notarization provides superior evidence of signer’s identity, willingness and awareness to sign and the fact that they did sign,” said Timothy Reiniger, Director of the Digital Services Group of Virginia-based FutureLaw. To its credit, Virginia recognized that forgeries could easily be perpetrated if it allowed an individual appearing before a Notary by webcam to hold up a paper identification card to the camera as proof of identity. Clearly, a more secure method of identifying signers for these notarizations was needed. While Virginia eNotaries are permitted to use personal knowledge and credible identifying witnesses to verify a signer’s identity, a new method allowed under the law is “knowledge-based authentication”, or KBA, which is used by many companies offering webcam notarizations. With a KBA, an individual usually provides their Social Security number, which is used by an identity services provider to compile challenge-response questions from various credit bureau databases. The individual is then asked to answer at least five questions related to their personal histories that only they would know, and they must answer a certain number of them correctly within a short period of time. If they fail, another set of questions is randomly generated. If they fail a second time, the Notary refuses to perform the notarization. “The KBA process required by Virginia law is considered to be highly secure,” said Pem Guerry, Executive Vice President of SIGNiX, a company offering webcam notarizations. “These are not questions anyone can research, like ‘what is your mother’s maiden name.’” But not everyone is in favor of KBA, as it has certain limitations. “There are serious questions about the veracity of KBA,” said Ozie Stallworth, Electronic Notarization Analyst and Director for the North Carolina Secretary of State’s Office, noting that hackers have breached many databases that supply information to KBA systems. KBA is widely used by government agencies to verify people’s identities. For example, 48 states use a company called VitalChek to process online requests for copies of vital records, such as birth certificates. And VitalChek relies on knowledge-based authentication to identify customers. KBA systems, however, are only useful for identifying residents of the U.S., Canada and some European countries with established credit histories. KBA is not able to ID other foreign citizens and many young adults who lack credit histories. Determining Willingness And Awareness As difficult as it is to verify the identity of a signer, determining their willingness and awareness is arguably harder because of the limitations of what can be seen on camera. The essential argument is that being in the physical presence of a signer makes it easier for the Notary to pick up signs that something is amiss. This is a particularly sensitive subject given the ongoing problem of elder financial abuse, where relatives or caregivers are pressuring or even tricking the signer. While Notaries are not expected to be experts in detecting abuse, they are expected to make a layperson’s common-sense judgment. Proponents argue that the webcam exchange readily allows a Notary to assess the signer’s willingness and awareness. Any advantage lost by not being in the physical presence of the signer is more than made up for by the fact that Notaries are required to keep a recording of the notarization — for five years in Virginia and 10 in Montana. “If there is a dispute later, people can look at the recording and confirm the Notary’s assessment,” Reiniger said. Reiniger added, however, that some best practices may need to be developed for webcam notarizations to help Notaries improve their ability to spot signs of duress or undue influence. Living Up To The Hype For webcam notarization to bring the same level of trust and reliability that an in-person notarization has, the technology behind it must be reliable and secure. Virginia is trying to establish that trust by requiring that webcam notarization technology meet the same security standards used by the state’s criminal courts. One of the reasons webcam notarization is gaining traction is the “vast improvement of the devices people can use and capabilities of those devices to do business,” Reiniger said. As for security, proponents place enormous trust in the video recording Notaries are currently required to keep. “Studies have shown that one of the strongest deterrents to identity theft is to record the transaction,” said Adam Pase, Chief Operating Officer of Notarize. Stallworth pointed out, however, that the technology currently exists to manipulate a video of another person. He pointed to a recent YouTube video that showed a young man manipulating an image of former President George W. Bush. The result was somewhat awkward and clumsy at points, but it’s not hard to imagine how much better it will be in a few years. “When you talk about the explosion of cybercrime, criminals are always a step or two ahead,” Stallworth said. “Every time you do sensitive transactions online, you add some risk,” acknowledged Guerry. “One of the advantages of our technology is the secure protection of data, digital identities and notarized documents.” Why Now? The movement toward webcam notarization took root in 2011, when Virginia passed a law allowing its Notaries to satisfy the personal appearance requirement via online video-conference technology. A Virginia electronic Notary is allowed to notarize documents for anyone anywhere in the world. A Webcam Notary Explains The Business John Kenneth Cole was one of the first Notaries in Virginia to perform webcam notarizations. Here are his thoughts about this new technology. ​ After Virginia passed its law, many states, including California, Colorado, New Jersey, Oklahoma, Oregon, Ohio and Wisconsin, issued public statements that webcam notarizations are prohibited and signers are still required to physically appear before Notaries. Iowa went even farther. A 2013 law included a provision that notarizations performed in another state would only be recognized in Iowa if the signer physically appeared before the Notary or notarial officer. In West Virginia, a new law explicitly states an individual does not appear personally if the appearance is by video or audio technology. (Update 6-21-19: Iowa, Ohio and Oklahoma have now enacted laws authorizing remote online notarizations.) But momentum for webcam notarizations shifted last year when Montana became the second state to allow them — although in a more limited form. Then Florida enacted a law allowing certain law enforcement and correctional officers to administer oaths using electronic means. And the Louisiana legislature passed a resolution to study eNotarization, including the use of audio-video technology. Two other states – Texas and Maryland – introduced webcam eNotarization bills, but they failed. (Update 6-21-19: Florida, Montana, Maryland and Texas have now enacted remote notarization laws.) As a result of these actions, the Uniform Law Commission — a non-partisan organization of attorneys — is preparing an update to its Revised Uniform Law on Notarial Acts (RULONA) for approval this July that includes provisions allowing webcam notarizations for individuals residing outside of the United States. In April this year, the National Association of Secretaries of State established a task force to examine the issues and policies surrounding webcam notarizations. “In addition to reviewing the merits of physical presence versus virtual presence, state policymakers must also address the potential validity and interstate recognition of remotely e-notarized documents,” said Kentucky Secretary of State Alison Lundergan Grimes, who also serves as task force co-chair. Predicting The Future For Webcam Notarizations So what does all this mean for Notaries? How soon, if at all, will webcam notarizations become widely accepted? Will your services be more in demand or less? Who will it affect more: mobile Notaries or office Notaries? There’s no clear answer. What is clear is that the technology isn’t exactly taking off yet. Virginia currently has only 127 commissioned electronic Notaries — out of an estimated Notary population of 114,000. But the technology is here, and the initiatives of NASS and the ULC suggest that it is being taken seriously. Webcam notarization could be hugely convenient and potentially much cheaper for businesses. Companies that need a large number of documents notarized could use it to consolidate their operations. Some companies might even outsource their notarial needs to remote Notary call centers. Webcam notarization could also open up new opportunities for self-employed Notaries. John Cole, one of the first Virginia Notaries to start performing remote notarizations, discovered there’s a sizeable demand for webcam Notary services among U.S. citizens abroad. Of course, self-employed Notaries may have to change their business model. There won’t be travel fees, but there also won’t be travel expenses. And if every document is in digital form, there won’t be printing costs. But there will be the expense of storing all the data. Currently, the fees Virginia Notaries can earn for a webcam notarization range from as little as $5 — depending on the company they work with — to $25, the maximum allowed under state law. Perhaps the biggest obstacle facing the growth of this technology is its acceptance by mortgage lenders and government regulators of the lending industry. Without guidance from the Federal Housing Finance Agency and the U.S. Department of Housing and Urban Development, mortgage lenders are afraid that they will be unable to sell their loans to the secondary mortgage market, said Kathleen Murphy, President and CEO of the Maryland Bankers Association, testifying before a Maryland legislative committee considering a webcam notarization bill this year. The hesitation over using webcam notarizations for mortgages demonstrates just how touchy and complex this issue is. In the next year the National Notary Association will publish its first standalone Model eNotarization Act, which will include an in-depth chapter on webcam eNotarizations. A panel of experts including state, federal and industry officials, as well as Notaries, have joined the MeNA review committee to help establish these standards. “We are putting a lot of focus on this section because of the seriousness of the issues that need to be resolved,” said NNA President and Chief Executive Officer Tom Heymann. “We believe the standards we are establishing, with the help of the review committee, will create a foundation for secure webcam eNotarization systems that everyone can trust.” Michael Lewis is Managing Editor of member publications for the National Notary Association. Related Articles: eSignatures, eNotarization, Webcam Notarization And iClose: What’s The Difference? More States Enact Remote Notarization Laws, Considering Bills In 2019. View All: Remote Online NotarizationNotary News 13 Comments Add your commentJohn Axt 18 Jul 2016As a Notary organization working in the best interests of your members, have you taken a poll to see if the direction you seem to be going is in line with the wishes of your members? Jerry Lucas 18 Jul 2016Are biometrics being used or proposed for identification or recordkeeping, such as electronic fingerprint scan, retina scan or voiceprints? Does the video camera see only the face of the signer or can the surrounding room be observed for signs of coercion? Does the Full Faith and Credit Clause of the Constitution require a receiving state to accept a video notarization done in another state if the receiving state does not allow video notarization? A. C. Dye 18 Jul 2016I am not in favor of web can notarizations....I can see a whole lot of fraud potential and glad we aren't doing it in Ca...Easy to mask someone's true identity with a lil makeup and preparation....a whole lot of husbands bringing in their mistresses to stand in for the real one... Micheal McLoughlin 18 Jul 2016There are two problems with appearances by webcam. First, they can be theatrically staged. I don't just mean someone putting on makeup and a wig to look like somebody in a piece of photo ID, but somebody could be off-camera holding a gun or a knife in order forcing the person to sign the document - and you, the notary, would never know. Second, the person might be outside the jurisdiction - making the entire process unlawful. Even if you can verify the person in the webcam image is who s/he says s/he is, and there is no greedy son or daughter or husband off-camera with a weapon; *how* do you prove that Mrs Smith from Arlington, Virginia as actually *in* Virginia when she appears on the webcam? For all you know, she might be on holiday in New York, London, or at an internet cafe a block from the Sydney Opera House. It's not just a question of being able to identify *who* the person is but you must also identify *where* the person is -- because if they are not within the jurisdiction in which you are a commissioned notary, that notarial act is unlawful and *could* expose the notary to civil liability or even a criminal charge in the jurisdiction where the signor of the document is truly located when s/he makes his/er Webcam "appearance." Suzy Smith 20 Jul 2016As a mandated elder abuse reporter in California and having attended many trainings on this issue I feel Webcam notarizations are NOT good. Without the ability to see, smell (yes smell), and observe the environment and mannerisms of an elderly person, a webcam notary cannot detect that a someone such as an adult child, "friend" or caregiver is forcing the signing. A Webcam cannot pick up small details that sitting with a client will. San Diego District Attorney Paul Greenwood would like to see all notaries be required mandated reporters. Madelynn 11 Oct 2016Does anyone know if you can do a webcam notary in New York State? National Notary Association 12 Oct 2016Hello. No, New York does not authorize Notaries to perform notarizations using webcam technology. Cheryl Kaster 06 Mar 2017To John, No, of course not. They are not concerned with protecting the Notary but protecting their bottom line. Ardel Richter 07 Aug 2017While I understand that this 'benefits' those receiving a notarized document, they simply don't understand the MANY areas where this can go wrong...nor do they seem to care about the expense to any notary offering this 'service'. On that point alone (cost to notary) this concept will quickly move to low-wage paid employee-notaries in a call center who undoubtedly will 'verify whatever they are told to verify'. Remember the Linda Green fiasco? All the points that others have made about the lack of 'in-person' verification/notarization are very valid concerns and I see no need to re-state them. Joan Malone 15 Sep 2017143 million people were hacked into at Equifax. Webcam notarizations are using questions from credit bureaus. This by itself should make you stop and think. Isabel 21 Dec 2017Are webcam notarizations allowed in the state of Missouri? National Notary Association 21 Dec 2017Hello. No. While a webcam notarization bill (HB 1118) was introduced earlier in 2017, it failed to pass the General Assembly. Kim 28 Jan 2019Some weight being given to this process based on a copy of the video being kept for five years. Who monitors that?? At larger banks/mortgage companies, notaries come and go quickly. In the usual course of other business in the USA, notaries often work for someone (like a lender, like an attorney, like a title company), but maybe anywhere else and happen to have their Notary authorization --- really easy in Iowa and Minnesota to get one, 'cause I've had mine in both states. NO ONE KNOWS HOW TO FIND many Notary Publics who witnessed something 3, 4 or 5 years ago. What good is the video? Where is it stored? Leave a Comment Required * Name * Email *(for verfication purposes only) Comment * Verify All comments are reviewed and if approved, will display.