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.

Navigating Real-Life Challenges in Notarization: Insights Updated: December 11, 2023 Notarization, though fundamentally unchanged for centuries, faces new challenges in the modern world. As more states authorize remote online notarization (RON), Notaries encounter complexities. David Thun addresses common hurdles at each step of a proper notarization, providing essential guidance. Step 1: Require Personal Appearance While every state mandates the signer's personal appearance, challenges arise with requests for remote online notarization. Over 40 states have enacted permanent RON laws, but compliance with state guidelines is crucial for Notaries. Step 2: Check the Document Misinterpretation of "scanning the document" and failure to recognize certificate wording are common challenges. Notaries are advised to focus on obtaining necessary information without breaching signers' privacy. Step 3: Verify the Signer’s Identity Determining acceptable IDs from the multitude available can be challenging. States like California and Florida provide specific lists, while others establish baseline requirements for acceptable IDs. Step 4: Complete Your Journal Entry Maintaining a journal is recommended, and completing the entry before the certificate ensures all necessary elements are collected before the signer departs. This is particularly important for states requiring a journal. Step 5: Complete the Certificate Challenges include missing certificate wording on documents and making mistakes in completing the certificate. Notaries are reminded to take their time, double-check their work, and ensure proper signing and sealing. Seeking guidance in tricky notarizations is encouraged to avoid potential problems. In conclusion, Thun emphasizes the importance of adapting to new notarization challenges and seeking assistance when needed. Staying informed about state-specific regulations is crucial for Notaries to navigate the evolving landscape of notarial duties.

Updated 12-11-2023. A 2024 rescission calendar to help Notary Signing Agents calculate cancellation periods for loan documents is now available online from the NNA. For many loan signings handled by Signing Agents, a borrower is given the option of 3 business days to cancel, starting with the next business day after the loan papers are signed. Since every day except Sunday and certain federal holidays is considered a business day, a loan document signing that takes place on or near a weekend or federal holiday may have its rescission period affected as a result. For example, since Martin Luther King Day is a federal holiday that always falls on a Monday, it does not count toward the 3-day rescission period for any loan documents signed on the previous Saturday or Sunday. The online rescission calendar provides a helpful reference when NSAs need to check rescission dates for a loan document signing during 2024.

Maintaining impartiality is a cornerstone of every notarization, and any indication of bias or dishonesty can undermine public trust in a Notary's work. David Thun sheds light on the crucial concept of "disqualifying interest" and why Notaries must navigate it carefully. Defining 'Disqualifying Interest': Disqualifying interest arises when a Notary's connection to the signer or the transaction could inappropriately influence their conduct during notarization. This could involve receiving material benefits from the notarized document, being married to the signer, or being a relative (e.g., sibling, child). The specifics vary by state law, and a short video is recommended for a clearer understanding. Importance of Impartiality: Notaries are urged to act impartially consistently. The legality of a document could be contested if a party harmed by the notarization proves that the Notary's impartiality was compromised. Thun illustrates this with a scenario where a property owner faced substantial losses due to a Notary's compromised impartiality, as ruled by the West Virginia Supreme Court. Notarizing with Personal Interest: Certain cases of disqualifying interest are apparent, such as a Notary notarizing their own signature. Generally, it's inappropriate to notarize a document in which the Notary is named or directly benefits. States may specify additional situations; for instance, Pennsylvania Notaries may have restrictions on taking an acknowledgment on a power of attorney document if named as an agent. State-Specific Exceptions: While some states make specific exceptions, others broadly permit Notaries with financial interests to notarize transactions for their clients. Examples include Kansas and California allowing Notaries who are agents, employees, insurers, attorneys, escrow officers, or lenders to notarize transactions involving their clients. Guidance for Notaries: Notaries are advised to check state laws before proceeding with a notarization if there's uncertainty about having a beneficial interest. In cases of doubt, seeking assistance from an impartial Notary is recommended to ensure a conflict-free notarization. Notarizing for Family Members: State laws vary on notarizing for family members. Some states permit notarizing for any relative, while others impose restrictions. For instance, Arizona prohibits notarizing for the Notary's spouse. Florida restricts notarizing signatures of certain family members but allows conducting weddings for relatives. Nevada, with a more restrictive stance, includes various relatives and domestic partners in its prohibition. In conclusion, Thun emphasizes the need to be aware of disqualifying interest to uphold the integrity of the notarization process. Notaries should be well-versed in state-specific regulations and seek guidance when in doubt to ensure ethical and unbiased notarizations.

Clarifying the Distinction: Medallion Stamps vs. Notary Embossers In a query dated January 4, 2024, an individual sought clarification on whether Notaries can provide "Medallion Stamps" to customers. The inquiry highlighted confusion among colleagues regarding the similarity between an embosser and a Medallion Stamp. The response emphasized the clear distinction between the two and underscored that Notaries are not authorized to offer "Medallion Stamp" services as part of their official duties. The article clarified that, contrary to common belief, a Medallion Stamp is not a notarial act but rather a specific type of signature guarantee within the banking industry. Notaries, particularly those working in banks or financial institutions, might be asked for a "Medallion Signature Guarantee," which is distinct from their traditional notarial functions. To provide further insights, the readers were directed to an informative article titled "‘Medallion Signatures’ explained." The response concluded by reminding readers that hotline answers are tailored to the laws of the state from which the question originated, and individuals should always refer to their state statutes when in doubt. Additionally, the article encouraged NNA members to leverage the expertise of NNA Hotline consultants for assistance with challenging notarizations, reaffirming the valuable resource available to members.

Title: "Significant Developments in 2023 Notary Laws: A Year of Unprecedented Legislative Activity" In 2023, the landscape of Notary laws underwent substantial changes, marking one of the most active legislative sessions in recent history. With a staggering 227 Notary bills introduced, 67 of which were enacted nationwide, the year was characterized by a focus on key issues such as training, bonds, recordkeeping, and the regulation of Remote Online Notarization (RON). Remote Notarization in 2023: Over a decade has passed since Virginia pioneered remote notarization laws in 2011. Today, more than 40 states have embraced remote notarization, leaving only three states—Georgia, Mississippi, and South Carolina—without permanent statutes on this front. California, Connecticut, and Massachusetts joined the ranks of states adopting remote notarization laws in 2023. Other Noteworthy Legislative Changes: Several states implemented noteworthy Notary laws in 2023, shaping the landscape for Notaries across the country. In Alabama, a significant bill mandated training for Notaries and doubled the already highest-in-the-nation Notary surety bond from $25,000 to $50,000. To balance this, the maximum fee that Notaries could charge increased from $5 to $10. In North Carolina, the General Assembly revisited a 2022 law, replacing the mandatory journal-keeping provision with a new law that makes journal-keeping optional. This change was crafted behind closed doors, raising concerns about limited public input on the controversial provision. Colorado, having previously allowed interpreters for certain physical conditions in 2022, expanded this provision in 2023 to include interpreters for any document signer. The legislation also introduced safeguards to protect signers, relying parties, and Notaries, while adjusting fees for notarial acts from $5 to $15 and for remote notarizations from $10 to $25. Ohio, which had mandated Notaries as reporters of adult abuse in 2017, revised the law in 2023. Failing to report abuse changed from a broad responsibility to a fourth-degree misdemeanor, carrying a maximum $250 fine and up to 30 days in prison. The National Notary Association (NNA) is actively tracking this legislation, providing a comprehensive overview through its Notary law tracking map and a searchable New Notary Laws database once bills are signed into law. The developments in 2023 underscore the dynamic nature of Notary regulations across the United States.

Have your own misbehaving signer story? Join the conversation on our Facebook post. Every Notary knows that doing business comes with its own unique challenges, balancing your dual roles as an impartial public servant and an entrepreneur or business professional. Add the fact that mobile Notaries and Signing Agents walk into unexpected circumstances daily, and you have the recipe for many kinds of difficult situations. As can be expected, most signers don’t understand these realities. All they want to do is get their document notarized as quickly as possible by any means necessary. Then there’s the X-factor of things happening that you never could have predicted. The National Notary Bulletin wanted to hear and share some of these stories, so we recently asked the Notary community on Facebook: “What’s the worst behavior you’ve witnessed during a notarization?” Your stories of bad signer behavior Here are just a few of the humorous, nerve-wracking, and eye-opening responses, some of which have been edited for length or clarity: Respondent Kyla Clayton details a recent situation involving an elderly couple amid a refinance: “Midway through the signing, they started arguing about something that had nothing to do with what was going on. They stepped all of 5 feet away from me to argue. The wife ends the conversation with, ‘Keep this up and watch this Notary come back for either divorce paperwork or a death certificate, you pick.’ Me sitting at the table, shook: I’m sorry...what? I couldn’t wait to get out of there, LOL.” Melanie Goodman had two interesting stories to tell, both of which we’d love to hear more about: “The first story is I was used as a human shield after an attempted bank robbery. Still completed the signing without any mistakes. Second, I conducted a signing for a seller at a shady beach motel. After the signing, they went to the store to get my cash and left me alone in the hotel room with their 9-year-old daughter for an hour. The parents never came back to pay me, I called the police and Child Protective Services.” The next gem comes from Ellen Michaels, which describes a situation that Notaries face every day, with a bit of a twist: “I had a disabled 80-year-old lady who was a retired schoolteacher ask me WHY I couldn’t use ANY of her 8 expired California driver’s licenses as a form of ID. After carefully explaining to her why, she replied, ‘You are treating me like a prisoner!’ “ Independent Notary Services, LLC told this tale straight out of a Cheech and Chong movie: “I went to a client’s house and when he opened the door, the smell of pot hit me in the face. He had the paper in his hand and asked if I could notarize it at the door. I told him I needed table space to annotate my journal, so he let me in. It was a quick signing, but I was really careful to do everything required to notarize his document and then high-tailed out of there!” Laura Lane’s signers should have listened to the advice, “Stay classy:” “I was conducting a real estate signing with two sisters who, unbeknownst to me, were feuding. Accusations began to fly. One sister pushed the other, tearing her shirt. The other sister retaliated by pepper spraying her sibling in the face. Other family members who witnessed this called the police. That signing was never finished.” Lastly, Debra Lane describes a situation at a hospital that certainly was 100 percent legitimate: “I went to a hospital and found the signer in a coma, on a respirator, with a tube down her throat. The ‘client’ then said to me, ‘I’m going to hold her hand so you can see that she signed it.’ It was a deed. Needless to say, I refused and got out of there fast.” This “Question of the Week” on Facebook has more than 150 responses and growing, so check it out if you want to read more, or add your own story.