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

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

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

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

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

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

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.