Step 1: Check for pre-printed wording. Many documents come with pre-printed Notary wording that clearly indicates what type of act is needed. For example, if your state requires specific wording for a jurat and that wording is pre-printed on the document, you may proceed with a jurat. However, if for any reason the certificate wording is unclear to you or the document lacks pre-printed notarial language, do not proceed until you can confirm what act is needed from another source. Step 2: Ask the signer. If the document lacks appropriate and clear certificate wording, ask the signer what type of notarization is needed . If the signer directs you to perform a particular act, that’s all you need. If the signer isn’t sure, you cannot choose the notarial act for them, but you are permitted to describe the different notarial acts and let the signer pick one. For example, you can say, "If you need your signature acknowledged, you will need to be identified and confirm you are willingly signing this document and aware of what you have signed. If you need a jurat, you will need to sign in my presence and take an oath or affirmation swearing the contents of the document are true. Which would you like?" You can also show the signer samples of an acknowledgment and jurat certificate. Once the signer chooses what type of notarization they want, you may proceed. Step 3: Have the signer contact the issuing or receiving agency for instructions. If you cannot determine what act to perform from steps 1 and 2, the signer should contact either the agency that issued the document or the receiving agency and ask what type of notarization is needed. Again, you may describe the different notarial acts to the agency and let them choose which one is appropriate. However, be careful. Some agencies unfamiliar with notarial laws and procedures may direct you to just "stamp and sign" the document or ask you to perform an act not permitted in your state. If you are asked to perform an illegal notarization, explain that state regulations don't permit you to do so and ask the agency to choose an alternate lawful notarial act. Once you learn what act is needed, you can proceed. If none of the above steps are successful, and it’s still not clear what notarial act is needed, the notarization needs to be called off. The signer may need to contact an attorney for guidance on how to complete the document before rescheduling the notarization.

What is ‘moral turpitude’? According to Merriam-Webster , “moral turpitude” has two legal meanings: An act or behavior that gravely violates the sentiment or accepted standard of the community. A quality of dishonesty or other immorality that is determined by a court to be present in the commission of a criminal offense. What do state Notary laws say about moral turpitude? Notaries witness the execution of document signings. In general terms, a person cannot be trusted to perform Notary services impartially and honestly if they have been convicted of a crime that involves moral turpitude. In some states, persons convicted of crimes of moral turpitude may be disqualified from applying for a Notary commission. Moral turpitude as applied to Notary laws seldom has an exact definition. It is a concept that gives state commissioning authorities wide flexibility in deciding whether someone should receive or keep a Notary commission . Not every state lists moral turpitude in its Notary laws as a disqualification for a Notary commission, but many do. North Carolina authorizes the Secretary of State to deny a Notary commission to an individual who has been convicted of any crime involving “dishonesty or moral turpitude” (GS 10B-5[d][2]). Arizona disqualifies any person convicted of a crime “involving moral turpitude or of a nature that is incompatible with the duties of a notary public” (ARS 41-330.A.2). California law states moral turpitude as grounds for the denial, suspension or revocation of a commission (Government Code 8214.1[b]). The California Secretary of State’s Notary Public Disciplinary Guidelines  lists examples of offenses of moral turpitude that can lead to revocation of a Notary’s commission or denial of a commission application. The examples include but are not limited to:assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.The California Supreme Court has handled many cases in which crimes of moral turpitude were at issue. In one case, the Court said, “Although we have variously defined ‘moral turpitude’ in such broad terms as ‘baseness, vileness or depravity’…, we have also decided that the question of whether a conviction involves moral turpitude so as to warrant revocation or suspension of a license to practice a professional cannot be determined in the abstract but depends rather on whether the conviction demonstrates unfitness to practice that profession” ( Cartwright v. Board of Chiropractic Examiners, 16 Cal. 3d 762, 548 P.2d 1134, 129 Cal. Rptr. 462, 1976 Cal. LEXIS 258). Under Texas law, “a crime involving moral turpitude includes dishonesty, fraud, deceit, misrepresentation, deliberate violence, moral depravity, or that reflects adversely on the applicant's honesty, trustworthiness, or fitness as a notary public …” (1 TAC 87.10 [c]). Crimes involving moral turpitude include felony or Class A or B type misdemeanor convictions. In short, the legal definition of moral turpitude is fuzzy around the edges. It may be hard to define, but it comes into clearer focus when you consider individual offenses that demonstrate the unfitness of the individual to perform official duties, in this case being a Notary Public. What about Notary laws in other states? States that do not have moral turpitude provisions in their Notary laws may still disqualify persons convicted of certain crimes from serving as Notaries. For example, Florida disqualifies any Notary commission applicants who have been convicted of a felony unless the applicant has had his or her civil rights restored. Florida Notaries may also have their commissions suspended for fraud, unauthorized practice of law or other types of misconduct (FS 117.01). Questions about convictions and Notary commission eligibility Many readers have contacted the NNA asking if crimes committed as a juvenile or a conviction that has been vacated or pardoned will affect eligibility for a Notary commission. These situations often include sensitive personal information and the NNA is not authorized to answer specific legal questions about criminal convictions. If you have an unusual legal situation in your personal record and want to know if it affects your eligibility to serve as a Notary, the NNA recommends directly contacting your state Notary regulating agency for help to protect your privacy.

We asked small business experts and members of the NNA community to offer tips on choosing a name that is just right for your small business. You should: Choose a Notary business name that's easy to recognize. Make sure your business name focuses on your strengths. Make your Notary business name unique — but not too unique. 1. Choose a Notary business name that's easy to recognize. Consider this: Your business name is going to be used in a lot of places, from your business cards and website to your email address and possible street marquee. If your personal name is challenging to spell or pronounce, it could actually hinder you from getting calls. “My advice to new Notaries would be never to use only your name,” says Texas Notary Tonie L. Boaman , owner of Dash Notary . “Think outside of the box and have pride in your new business name.” Consider using a name that indicates your service area, which has worked for California Notary Karen S. Flores . “My business West Coast Notary Pro has defined and branded me as a Notary professional,” says Flores.  Dave Holland , who launched his small business, CalCoastNotary, shortly after receiving his Notary commission, agrees.   “Name recognition is important in any business,” says Holland. “It lends comfort to people to do business with an actual company vs. ‘Bob down the street.’  It’s important for people to be comfortable with who they do business with, especially in our industry where everything we touch is important to someone.” 2. Make sure your Notary business name focuses on your strengths. You can use your business name to emphasize a strength or competitive edge that you offer, such as availability, speed, convenience and confidentiality, or catering to niche markets, such as legal firms, healthcare facilities, prisons, or financial institutions. California Notary Laura Biewer , owner of At Your Service Mobile Notary , focuses on quality customer service, while Kisha Smith focuses on availability and location when choosing her business name, AfterHoursVA . Reliability is a primary focus for David Harper , owner of A Dependable Notary . Maria Torres-Lopez’ Notary @ Your Door brand emphasizes convenient service that comes to you.  Herbert Willis , owner of Sunshine Signing Connection , went with warm and inviting branding, also creating a sun-shaped company logo and brightly colored website imagery. 3. Make your Notary business name unique — but not too unique. The key to creative naming is to be original without being too strange or obscure. “Avoid using a name that is used by another company,” warns Forbes contributor Marianne Bickle . “A name that is even similar to another company can cause legal difficulties.” Google names you’re considering to ensure your stroke of genius hasn’t already been used, and “test-drive” unusual names with friends or family. “If a company name is too complex and puzzling, it will remain a mystery to your customers,” says Entrepreneur magazine contributor and business naming expert Phil Davis .   Final words of advice on Notary business names If you do end up using a business name other than your own name, you need to file a “Doing Business As” name , or DBA (also referred to as a Fictitious Business Name or Assumed Business Name), generally at your county clerk office or with your state government. Consult your state laws for DBA renewal information. You might also apply for an Employer Identification Number  (EIN) to use in place of your personal Social Security number.

An apostille is a certificate — often attached to the document by an appropriate government official after it is notarized. While you are not responsible for obtaining an apostille , signers often ask about them, so it's helpful to understand what they are and how they work. Apostille  or authentication certificates?  Apostilles and authentication certificates validate the seal and signature of a Notary on a document so that it can be accepted in a foreign country. Both verify that you held a Notary commission at the time you notarized the document. Apostilles are used when public documents are being transferred between countries that are a party to the Hague Apostille Convention of 1961. This international treaty streamlined the cumbersome, traditional procedure for authenticating documents. An apostille is issued by your Secretary of State's office or Notary commissioning agency. The single apostille is the only certification needed. Once prepared and verified, the apostille is attached to and sent along with the notarized documents. Notaries cannot issue apostilles  themselves. This all happens after the notarization and requires no action on your part. Authentication certificates are used for destination nations that are not part of the Hague Convention. Instead of a single apostille , the document needs several authentication certificates, including those from your commissioning agency, the U.S. Department of State, the consul of the destination country and potentially another government official in the destination country. The requirements and processing time for authentication certificates will vary from country to country. Getting a notarization authenticated  According to the U.S. Department of State , documents that may require authentication for use abroad include: affidavits, agreements, articles of incorporation, company bylaws, deeds of assignment, diplomas, home study, income verification, powers of attorney, transcripts, trademarks, warrants, extraditions, certificates of good standing and other general business documents. Also, parents wanting to adopt a child living in another country must have their adoption dossiers properly authenticated . But your signer is responsible for requesting the authentication — not you. Requests for an apostille or authentication certificate are generally submitted in writing to your state's Notary commissioning authority  (usually the Secretary of State’s office) and should contain: An explanation of why the apostille or authentication is needed. The original document, including the Notary’s completed notarial certificate. The final destination of the document. A postage-paid return envelope addressed to either the document custodian or the document’s final destination. The required fee (varies by state).  The commissioning office determines whether the document requires an apostille or authentication certificate, based on the document’s final destination. What’s the Notary’s role? Your only responsibility is to notarize the document itself. Because the document is destined for another country, the notarization must be performed properly to ensure that there aren’t any problems on the receiving end. For example, some judges presiding over adoption cases in other countries may reject documents not properly notarized. Keep in mind that with any notarized documents passing through a Notary regulator's office, the paperwork will be closely scrutinized. Any notarial errors may result in an enforcement action against you. Can Notaries provide apostille  services? Some enterprising Notaries who live near their Secretary of State’s office offer " apostille services " as a way to generate additional income. The Notary does not issue the apostille. Instead, the Notary provides a courier service to deliver the documents to the state apostille agency for processing and return the paperwork to customers. These are not considered "notarial" acts, so the Notary may establish any relevant service fees with the client.

Updated 11-1-23 . The Notary seal plays a crucial role in every notarization. Alongside the Notary’s signature, the seal verifies the notarization, enabling the notarized document to be recorded in land records, accepted as evidence in legal proceedings, and recognized when transmitted to other states and countries. Therefore, even in states where the use of Notary seals is not explicitly required by law, Notaries should consistently affix seal impressions when notarizing documents. This practice enhances document security and demonstrates the diligence of Notaries. Consequently, a fraudster's desire is to acquire an authentic Notary seal to aid in forging notarizations and perpetrating document fraud. We frequently emphasize Notary seal security in Notary education, and experienced Notaries have likely heard this message multiple times. However, it is worth reiterating as Notary seals continue to be mishandled and stolen. Instances occur due to Notaries failing to safeguard their seals or improperly disposing of old seals. Regardless of the cause, the illicit use of a genuine Notary seal often leads to forged notarizations. Whether utilizing a traditional physical seal or an electronic one, it is imperative to protect your seal from unauthorized access and misuse. Recently, in a case in North Carolina, a lawyer took his legal assistant’s Notary seal from her unlocked desk while she was absent from the office. This lawyer then falsified a notarization by signing his assistant’s name and affixing her seal to a document, returning the seal to her desk without her knowledge. Unfortunately, there are other individuals, including attorneys, employers, and colleagues, who attempt to exploit the Notary system by "borrowing" seals and engaging in such misconduct. Without taking precautions to safeguard your seal, anyone, even a family member, friend, supervisor, or colleague, could misuse it. During World War II, maintaining information secrecy and security was crucial for Allied success. Spies utilized gleaned information from casual conversations to influence enemy attacks, prompting the public to be cautioned with the phrase, “Loose lips sink ships.” Today, in the battle against document fraud, preventing false notarizations is paramount. Hence, the motto could be, “Loose Notary seals sink deals.” In essence, Notaries who carelessly allow their seals to be stolen and misused may be held responsible for financial losses resulting from mishandled or stolen Notary tools. Avoiding Negligence Many Notaries leave their seals unattended in their work areas without protection against unauthorized usage or theft. In an Illinois case where I provided expert testimony, a Notary working in a busy office habitually left his seal in an unlocked desk drawer shared by multiple colleagues, providing ample opportunity for seal theft and misuse. If a Notary negligently permits their seal to be borrowed, stolen, or unlawfully transfers or sells an expired seal subsequently used for notarization forgery, they bear legal responsibility for any financial harm arising from the forgery. The critical term in the liability standard is “negligently,” so here are some recommendations to shield yourself from liability. Protecting Your Seal Above all, adhere to your state's regulations and exercise reasonable care to safeguard the security of the Notary seal. If you have taken precautions against seal theft and a proficient fraudster still manages to steal it, your liability risk is significantly lower compared to leaving it exposed carelessly. Remember, your seal is your exclusive property, bearing your name on its imprint. Never allow anyone else to possess or handle your seal, even if your employer funded the commission and you depart before its expiration. Take your seal with you upon leaving employment and continue to secure it. Keep the seal secure at all times. When not in use (such as between notarizations), either keep it within your immediate reach or store it securely under lock and key, exclusively under your control (as mandated by law for California Notaries). For instance, store the seal in a locked desk drawer, file cabinet, safe, lockbox, or room — provided no one else holds a key to the storage space. Merely leaving the seal on your desk in a locked office does not suffice if others possess a passkey. In such a scenario, a court may deem your care inadequate, potentially holding you liable if the seal is stolen and used for document fraud harming someone. When traveling for a notarization appointment, avoid leaving the seal visible in your vehicle where it could attract thieves. Instead, secure the seal in the glove compartment and ensure the vehicle is locked. Similarly, exercise the same caution when safeguarding your Notary journal. It is advisable to keep both the seal and journal together and have both tools on hand during notarizations. Do Not Sell or Give Away Current or Expired Seals Upon deciding to cease Notary duties or upon the expiration of your commission, the old seal should be destroyed or defaced to render it unusable. Even an expired seal holds value for a fraudster seeking to backdate a document and forge a notarization. If changing jobs and no longer serving as a Notary, refrain from leaving your seal with a former employer. The seal is your responsibility, and you are legally obligated to protect its security. Unfortunately, current and expired Notary seals are often found in second-hand markets, presenting an opportunity for misuse. Never sell, give away, or haphazardly discard functional seals. Failure to exercise reasonable care in safeguarding an old seal, subsequently used for fraud, may lead to liability. Conclusion — Don’t Let ‘Loose Seals Sink Deals’ Hopefully, this discussion has instilled a sense of caution regarding potential liability and highlighted the significance of Notary seal security. However, it has also outlined straightforward precautions to shield your seal from misuse and protect yourself from legal repercussions. The 2022 Model Notary Act (developed and published by the NNA) contains Section 8-4 and its explanatory official comment, delineating the rules for safeguarding the Notary's traditional and/or electronic seal. As a member of the drafting committee and a contributor to the official commentary, the advice presented aligns with the MNA guidelines. Remember: Loose seals sink deals.

It is recommended to refrain from accepting additional gratuities for Notary services. Ensure that the Notary fee you accept does not exceed the maximum limit set by your state. Notaries are advised against accepting non-monetary gifts from clients. 1. The safest choice is not to accept extra tips for Notary services. State Notary laws generally do not directly address whether Notaries can or cannot accept tips in addition to the maximum notarization fees. While your state statute may be silent, it’s important to remember the Notary’s central role in providing impartial services. Accepting compensation above and beyond the maximum fees for the notarial act, travel or other ancillary services allowed by law could be seen as improper influence, even if it seems at the time like the signer has no ulterior motives. For example, suppose a customer regularly provides you with tips, and then later asks you to ignore a problem with his identification during a notarization. When you refuse he could say, “But I’ve always tipped you in the past; can’t you just overlook the small discrepancy with my ID”? To avoid any appearance of impropriety, the safest course is to politely refuse any extra compensation offered to you, other than the maximum fee allowed by law for the notarial act and any ancillary fees such as for travel.  2. Never accept more than the maximum Notary fee allowed by your state. If you are in a state that sets a fee schedule such as California , Florida or Texas , remember that the fee you receive for your services may not exceed what you’re allowed to charge for a notarization. In these states, if someone pays your fee and then offers an additional tip, you must turn down the tip if the total amount you would receive is more than state law permits. Nevada is very clear on this matter. Its fee statute prefaces the maximum fees for notarizations and travel by saying, “… a notary public may charge the following fees and no more ” (NRS 240.100[1]). Accepting tips is less clear-cut in Arkansas, Iowa, Kansas and Kentucky where Notary fees are not set by state law. While technically there is not a maximum fee for notarizations, Notaries in these states should exercise restraint by not accepting gratuities for their services. Arkansas and Iowa caution Notaries by saying that fees should be “reasonable.” Maine does not set a maximum statutory fee, but the state’s Notary Public Handbook recommends that Notaries establish their own fee schedule “… so that persons seeking their services will have some predictability or assurance on the fee.” Even if your state allows you to charge any amount you choose, the best ethical choice would be to stick to a reasonable fee for your Notary services and decline any additional money offered more than this fee. 3. Notaries should not accept non-monetary gifts from customers. What about gifts such as free movie passes or sports tickets in appreciation? Can you accept those? Some Notaries might think these types of gifts are different from accepting money. While a movie pass isn’t money in the sense that we can use it to spend on goods and services that we choose, it is still a financial perk that has the potential to compromise your impartiality, especially if the gift-giver wants special treatment during a notarization at some point. Just like money tips, the recommended ethical practice for other types of gifts and gratuities is not to accept them.

Completing a notarization seamlessly is crucial to avoid potential issues. Utilize this checklist to ensure that all necessary steps are taken before the signer leaves: Complete Document Body: Glance over the document to confirm that the main body is fully filled out with no blank spaces. Respect signer privacy; a detailed read-through is not required, just ensure all essential information is provided. Verify Notary Certificate: Check the Notary certificate for completeness, ensuring that all required information is filled in without any blanks. Incomplete Notary certificates are a common cause of document rejection. Proofread Notary Certificate: Take a moment to proofread the Notary certificate for accuracy. Confirm correct spelling of the signer's name and proper placement in the certificate. Ensure your name matches your Notary commission without using nicknames or abbreviations. Verify the accuracy of the venue, date of notarization, and all other details. Affixing Signature, Seal, and Commission Information: Check that your signature and Notary seal are correctly placed on the Notary certificate. Ensure the seal image is clear, not smeared, and doesn't obscure any document text. If required by your state, add your name and commission information to the certificate, ensuring accuracy and matching your Notary commission. The signer's name is spelled correctly and entered in the correct section of the certificate. Your name is spelled correctly and entered in the correct section of the certificate. Your name is written the way it is spelled on your Notary commission — don't use nicknames or abbreviations that don't match the commission name! The venue (the location where the notarization takes place) is correctly listed. The date of the notarization is correct. 4. Are your signature, seal and commission information correctly affixed and legible? Make sure that your signature and Notary seal are affixed in the proper section of the Notary certificate, and your seal image is not blurry, smeared or covering any document text. If you are in a state that requires you to add your name and commission information to the certificate, confirm they are correct and that your name matches your Notary commission as described in #3 above. Do you have all required information or signatures from the signer for your journal entry? Be sure that the signer provides you with any information and signatures required for your Notary journal entry. If they leave without providing you with needed details, you will be left with an incomplete journal entry and little or no chance of fixing it once they leave. Journal Entry Completion: Confirm that all necessary information or signatures from the signer for the journal entry are obtained. Ensure the signer provides any required details for the journal entry before leaving. Incomplete journal entries may be challenging to rectify once the signer departs. Avoid the awkward realization of missed steps by systematically following this checklist for a thorough and accurate notarization process.

Understanding Notary Collaboration: Partners from California and Arizona share insights on the fundamentals of collaboration in a video, highlighting what collaboration entails and its potential for business growth. Key Aspects of Collaboration: Growth Acceleration: Collaboration is positioned as a catalyst for business growth, surpassing the outcomes achievable when working in isolation. Collaborator Selection: The video provides guidance on selecting collaborators successfully, emphasizing the importance of choosing individuals known, liked, and trusted. Personal Experiences: Learning and Growth: One partner emphasizes the significant learning and growth achieved through collaboration, enabling pursuit of projects previously deemed inaccessible due to knowledge or experience gaps. Key Ingredient: Collaboration is identified as a key ingredient for acquiring new skills and successfully applying them to various endeavors. Making Collaboration Work: Abundance Mindset: Collaboration is framed as arising from an abundance mindset, recognizing plentiful opportunities without fear of competition. Definition of Collaboration: It involves combining skills, connections, and power to tackle challenges and achieve results beyond individual capacity, spanning from one-time projects to ongoing ventures. Levels of Collaboration: Quick and Simple: Sharing skills with newcomers exemplifies a lower-level collaboration, requiring less relational depth. Deep Connection: Engaging in business partnerships and sharing substantial resources necessitates a deeper level of trust and familiarity. Examples of Notary Collaboration: Meetups and Symposia: Collaborative meetups led to the creation of larger symposium events. Conference Calls and Education Seminars: Platforms like Tuesday Notary Titans facilitate collaboration through conference calls and educational events. Social Media Platforms: Social media serves as a conducive space for connecting with like-minded individuals, seeking partners, mentorship, or delegating tasks. Considerations and Exit Strategy: Relationship Level: Deciding on the depth of the relationship is crucial, considering factors such as business needs, audience reach, revenue sharing, financial handling, and individual roles. Post-Project Considerations: Addressing issues like ownership of collateral rights, website handling, marketing strategies, mailing lists, and product ownership post-project completion. Long-Term Thinking: Building Relationships: Emphasizing the importance of building long-term relationships and having a vested interest in collaborative projects. Business Integrity: Prioritizing integrity in work by aligning business with deeper values and consistently delivering on promises. Notary collaboration is portrayed as a strategic and mutually beneficial approach, fostering growth, trust, and long-term success in the notarization profession.

1. Don't leave your Notary journal and seal in the open: Whether working from home, the office, or as a mobile Notary, it is essential never to leave your seal and journal unattended where they could be vulnerable to theft or unauthorized use. 2. Store your Notary journal and seal in a secure, locked area: When not actively in use, store your Notary tools, including the seal, in a secure, locked area such as a safe or a locked drawer. Compliance with state laws, like those in California and Illinois, is crucial, emphasizing the importance of secure storage. 3. Don't lend your Notary seal and journal to other people: Your Notary seal and journal are your exclusive responsibility. Avoid lending or entrusting them to others, including family or co-workers. Only the commissioned Notary is authorized to use the Notary's seal of office, as stipulated by laws in Florida and similar regulations in other states. 4. Follow state rules for disposal of old Notary seals and journals: Different states have varying rules for the storage and disposal of old Notary seals and completed journals. Always adhere to your state's regulations concerning old seals and journals. For instance, California mandates the destruction or rendering unusable of seals when a commission ends permanently (GC 8207), while Maryland requires Notaries to retain journal records for a specified period, such as 10 years after the last notarization (ACM St. Gov’t 18-219[a][2]). Ensuring compliance with these best practices will not only safeguard your Notary tools but also contribute to maintaining the integrity of the notarization process and upholding legal standards.

What is an Acknowledgment? An acknowledgment serves the purpose of allowing a signer, whose identity has been verified, to openly declare to a Notary or notarial officer that they have willingly signed a document. Steps for an Acknowledgment: The signer must personally appear before the Notary. Positive identification of the signer must adhere to state regulations. The signer may sign the document either before appearing before the Notary or in their presence. The signer declares or acknowledges signing the document for its intended purpose. In most states, direct communication from the signer is required. However, Arizona, Colorado, and Mississippi allow the use of an interpreter, provided they appear in person and do not have a disqualifying interest. What is a Jurat? A jurat, also known as a "verification upon oath or affirmation" in some states, serves the purpose of allowing a signer to swear or affirm the truthfulness of a document's contents to a Notary or notarial officer. Steps for a Jurat: The signer must be physically present and sign the document in the Notary's presence. Positive identification may be required in certain states. A spoken oath or affirmation must be administered, with the signer responding audibly. While not mandatory, having the signer raise their right hand is recommended for emphasizing the seriousness of the oath or affirmation. A jurat cannot be executed by a proxy; the original signer must personally swear or affirm the oath. Acknowledgment and Jurat Certificates: Due to their distinct purposes, acknowledgment and jurat notarizations require specific certificate wording. Using the wrong certificate for a notarization type is not permissible. Acknowledgment certificates typically include phrases like "acknowledged before me," while jurat certificates feature wording such as "subscribed and sworn to (or affirmed) before me." Ensuring compliance with state rules and selecting the appropriate certificate wording is crucial for accurate and legally valid notarizations.

1: Not Journalizing for Repeat Signers It's a common misconception among Notaries that a repeat signer doesn't require a new journal entry. In states like California and Texas, where journaling is mandatory, each official act demands a distinct journal entry. Exceptions exist in Arizona, where satisfactory evidence is required only the first time for repeat notarizations within 6 months. Nevada allows a single entry for multiple acts performed simultaneously. Yet, caution is vital, as adherence to journaling rules is crucial to avoid legal complications. Even in states where journaling isn't mandatory, omitting a journal entry poses legal risks in case of future disputes. Evidence of proper notarization is essential for liability protection. Misconception 2: Photocopying Signer's Documents Some Notaries mistakenly believe that photocopying a signer's documents enhances security. However, in most states, Notaries must only gather information necessary for journal entries, and photocopying may breach privacy. Exceptions in states like Arkansas, where a copy of a copy-certified document can be retained, underscore the rarity of such allowances. States like Texas prohibit recording identification numbers in journals. Therefore, Notaries should adhere to state-specific guidelines, avoiding unnecessary actions that may compromise privacy. Misconception 3: Employer Ownership of Notary Journal Another misconception pertains to the ownership of the Notary journal. It is unequivocally the Notary's property, regardless of who paid for it. Even if an employer facilitated its purchase, the Notary retains ownership. Exceptions exist, like in Arizona, where nonpublic records may be kept by the employer if the Notary leaves. Oregon allows employers to retain journals based on agreements, provided Notaries keep copies. In California, while the journal belongs to the Notary, an employer may request copies related to business purposes, respecting the Notary's presence during copying. Understanding these misconceptions is crucial for Notaries to fulfill their responsibilities and maintain legal compliance.

Understanding the Purpose and Aspects of the Notice of Right to Cancel Form The Notice of Right to Cancel form serves a crucial role in mortgage transactions under federal law. It grants borrowers a right of rescission, allowing them 3 business days to review and potentially cancel the transaction after signing the loan document package. The rescission period begins on the first business day post-signing and concludes at midnight on the third business day, excluding Sundays and federal holidays. This form, alternatively titled "Notice of Right of Rescission" or "Notice of Your Right to Cancel Credit Transaction Secured by Your Home," is provided to borrowers in specific loan scenarios. Refinance loans with a change in lenders, home equity loans, lines of credit, and certain "cash-out" refinance loans involve this notice. However, it is not applicable to purchase loans, refinance loans with the same lender, state agency loans, and loans for non-primary residences. Despite its significance, the Notice of Right to Cancel form does not require notarization. The Signing Agent's role involves printing two copies for each borrower, along with an extra copy for signing during the appointment. If the applicable dates are preprinted, the Signing Agent must verify their accuracy using a rescission calendar. If not preprinted, the Agent completes the form with the correct dates using the same resource. This process ensures compliance and clarity in informing borrowers of their right to rescind the loan within the specified period.