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.

Updated 11-29-22. One of the most common questions Notary Signing Agents encounter is about dates on loan documents. Document dates can indicate the date the document was drafted, or in some cases they may indicate the date the actual loan signing takes place. Either one is different from the date on the Notary certificate, which always indicates when the signer appeared before the Notary and the notarization took place. Loan documents lacking dates What happens if a document has no date? This is a common document date issue for NSAs. You can still notarize a document with no date; you are responsible only for entering the date of notarization in the actual Notary certificate wording. The Signing Agent does not attest to the date the document was created or takes effect. When completing a journal entry for a document with no date, the Notary Signing Agent can write, “no date on document” or “undated.” If the document has a blank space for a date, NSAs may be tempted to enter the date of the signing in it. However, you cannot do this except in one case: a Patriot Act form. The Patriot Act customer identification form is one of the few that a Notary completes as a Signing Agent without notarizing. The Right to Cancel form included in certain real estate transactions has two dates required, the date of signing and the rescission period of 3 business days. The NSA is responsible to ensure these two dates are correct and if not, have the signer strike the incorrect date and initial the correction. Again, this document is not notarized. Can post-dated loan documents be notarized? A post-dated document may be notarized, since the date appears within the text of the document. A different “effective date” on a document than the day of the signing is also permissible; this indicates when the document takes effect, and may be dated in the future or in the past. What if someone asks me to change the date on the Notary certificate? This date can never be changed; it represents the day the signer appeared and you notarized, and so cannot be pre- or post-dated. The date you enter on the Notary certificate must be the day the signer personally appeared before you. What if more than one person is signing on a different date? What if the document indicates there are two or more signers, but only one is appearing before you at this time? It’s common in loan signings to have multiple signers appear on different days before the Notary, or even before different Notaries. In this situation, remember that you may only notarize for the signer who is physically present before you. You would enter that signer’s name and information in the Notary certificate only. You cannot notarize the signature of an absent signer. If you need to complete a Notary certificate that also includes an absent signer’s pre-printed name, you would need to line through the name of any signer who isn’t physically present and initial and date the correction. In some cases, the document may have more than one Notary certificate attached for each signer. If so, you may use one certificate for the signer who’s present, and leave the other Notary certificate blank to be used for other signers at a later time. You should note in your journal entry that you only notarized for a single signer. When in doubt, you can always contact the preparing or receiving agency or the NNA Hotline for more information, or for guidance when dealing with blank, confusing or wrong dates. Laura Biewer is founder of CoachmeLaura.com and owns At Your Service Mobile Notary in Modesto, California.

Just about every mobile Notary has Notary errors and omissions insurance. In fact, having an E&O policy is a business requirement for Notary Signing Agents to get loan-signing assignments from title companies and signing services. The mistake many NSAs make is thinking that their Notary E&O policy is a catchall safety net that protects them from lawsuits and claims resulting from any mistake they might make. Depending on what the claim is, you could be on the hook for a lot of money if something goes wrong. Most states require Notaries to purchase a bond, which protects signers from losses due to a mistake with a notarization. The Notary E&O policy protects the Notary against claims. Here's the catch: Notary E&O covers only actions related to a Notary's capacity as a duly commissioned and sworn officer of the state. That means it does not cover acts unrelated to notarizations, like practically everything else an NSA is required to do. Forget to mail the closing check? Lose the title company's paperwork? Mail something to the wrong bank? Notary E&O would not cover the NSA in these cases because these errors do not relate to the performance of a notarial act. Kim McPartland, a claims examiner with Merchants Bonding Company, explained that many NSAs are shocked when they learn that there is no coverage under an E&O policy because the alleged wrongdoing fell outside the scope of a Notary's official duties. What is covered by E&O? At the end of the day, the main duty of a Notary is to identify a signer. "Anything that stems from a non-notarial duty, like putting Fed Ex in the mail in a timely manner is outside the scope of coverage of the Notary" E&O policy," she said. "It's not the Notary's job to make sure documents are sent in a timely manner." That's the Signing Agent's job. "It's not the Notary's job to make sure documents are sent in a timely manner." Merchants Bonding Claims Examiner Kim McPartland In fact, the language in a standard E&O policy will be very clear about what is covered. In one example, the policy states that the insurance company will pay under the following conditions: “Breach of duty while acting as a duly commissioned and sworn Notary Public…arising out of the performance of notarial services for others in the insured's capacity as a…Notary.” McPartland stressed the importance of reading and understanding the policy. "The NSA could be liable if someone files a lawsuit, and it goes to court. They need to know what their policy covers." What isn't covered by E&O? McPartland shared a few examples of Notary E&O policy claims that were denied due to lack of coverage because the Notary was performing tasks as a Signing Agent, not in their official capacity as a Notary. In one case, an Illinois NSA put the wrong loan payoff amount on closing settlement documents he prepared. It was his responsibility to make sure the payoff amount was correct. The mistake caused the sellers to lose more than $6,000. This mistake was a result of his duties as a Signing Agent, not a Notary, so it was not covered under his E&O policy. A New York Notary sent the payoff letter and payoff check back to the wrong title company. This error caused a delay in the closing and damages of more than $3,000. Again, because the damages were a result of the Notary's work as a NSA, the claim was denied. In California, a title company alleged that the Notary failed to send the closing documents to a lender in a timely manner, causing damages of $90. Since this act fell under the NSA's work as a closing agent the claim was denied. In another case, a Michigan Notary failed to deliver the completed closing package to Fed Ex in a timely manner, causing the title company to have to re-issue the closing check. The NSA was on the hook for more than $3,500. And in one extraordinary case, a NSA misplaced a cashier's check for more than $50,000. McPartland explained that since getting a cashier's check to the correct location is not a notarization-related task, but rather a Signing Agent task, there was no coverage under the E&O policy and the claim was denied. None of these examples involved problems with a notarization, which is why none of them were covered under the Notary's E&O policy. 3 Important Things To Remember About E&O Insurance Notary E&O Insurance only covers acts as a Notary. It does NOT cover non-Notary tasks performed by Signing Agents, such as mailing closing checks or delivering completed loan packages. Review your insurance policies so you know exactly what coverage you have — and what areas aren't covered. If you think you need additional coverage, contact a qualified insurance broker for assistance. Mitigating risks All mobile notary work involves risk — NSAs are driving at all hours of the day and night without the resources of a home office or additional staff members who can help out in a pinch by printing or mailing hefty loan packages, and other tasks. They also handle a huge variety of documents and paperwork, and it's easy enough to lose something or mail it late. To top it off, their mistakes as independent contractors are not usually covered by the company who hires them, such as a title or lending company. In fact, the title company may come after the NSA for damages in order to minimize its own liability. Notary E&O insurance is not the only product on the market to protect Notaries. One product, called a signing agent policy, will pay for many of the types of claims that E&O does not cover. Notaries have a variety of insurance companies to choose from, depending on the state in which they live and their personal insurance needs. Signing agent insurance is designed to fill the gaps not covered by traditional Notary E&O. That means signing agent policies will cover mistakes such as incorrectly dating the right of rescission, untimely completion of the signing, and a slow return date of sensitive documents. A simple internet search will yield various options. Different policies may require different qualifications. You may, for example, be asked to show proof that you have taken Signing Agent training, belong to a professional association or keep a journal. Different policies will also have different deductibles and levels of protection. An NSA who performs just a few closings a month will likely want a higher deductible and a smaller overall amount of coverage than an NSA who does several closings a day. You also could consult with a trusted local insurance broker. Remember, as an NSA/mobile Notary, you are operating a small business, and every business — large or small — needs proper insurance. Whatever products you choose, McPartland recommends that you read the policy in its entirety and make sure that it covers the bulk of your typical closing duties. At the end of the day, you don't want to be surprised when a claim situation arises and you learn that you have exposure because of gaps in your existing insurance coverage.

Updated 11-6-23. Notary journals contain valuable records of your past acts. But what do you do with Notary journals you no longer use? Do you send them to someone? Do you keep them? What if your Notary journal is lost or stolen? Here are some important tips. Can I discard Notary journals I don’t use anymore? Even if you’ve accumulated a large stack of full journals, don’t throw them out willy-nilly. In fact, doing so in some states is a violation of Notary law. Generally, states that require Notaries to keep a journal also provide guidelines for keeping and disposing of journal records. How long do I keep my Notary journals? Some states require you to keep all journal records until you stop being a Notary, then turn them over to a government agency. In Colorado, when a Notary’s commission ends, the Notary may choose to keep a journal for 10 years and notify the Secretary of State of where it is kept, leave the journal with the Notary’s employer and provide the Secretary of State with the employer’s contact information or send the journal to the state archives and notify the Secretary of State. These provisions also apply to recordings of remote online notarial acts. California requires its Notaries to keep all completed journals as long as they maintain a current Notary commission. California Notaries whose commissions end without being renewed must turn in their journals within 30 days to the county clerk’s office where their oath of office is on file. Willful failure to deliver journals to the county clerk of the county in which the Notary’s oath and bond are filed is a misdemeanor and subjects the Notary to personal liability to any person injured as a result. Hawaii requires its Notaries to retain their journals for 10 years after the date of the last act recorded in the journal. If the Notary resigns their commission, the Notary retains the journal for the time period required by law and informs the Attorney General’s office of the location of the journal. Other states allow Notaries to destroy old journal records after a certain period of time. Arizona requires Notaries to keep a journal record of every notarization for 5 years after the date it was performed. That means 5 years after the last entry was recorded. Only then may they be destroyed. However, if you stop being a Notary in Arizona, you must turn in journals with entries dated less than 5 years ago to the Secretary of State. However, Arizona allows Notaries to keep separate journals for public records and non-public records. Any records of notarial acts that are not public records are the property of the Notary’s employer and are not turned in to the Secretary of State. Maryland requires Notaries to retain journal entries for 10 years after the last entry recorded in the journal, and inform the Secretary of State of the journal’s location when the Notary’s commission permanently ends. Massachusetts requires Notaries to keep all journal records for 7 years after they stop being a Notary. Texas requires traditional journal records to be kept for 3 years or for the term of the commission in which the notarization occurred, whichever is longer. So if you perform a notarization and there are 2 years left on your Notary commission, you keep the journal record for 3 years. However, Texas officials recommend keeping journal records permanently as a best practice. Texas Notaries who perform remote online notarizations must maintain electronic records of their online notarizations for 5 years following the date of notarization. What if my employer wants my journals? Only Arizona, Colorado and Oregon allow Notaries to turn journals over to employers — and even then, you only may do so under special circumstances. In other states, the journal is usually considered the Notary’s personal property and must remain exclusively under your control. It may not be kept by an employer even if your employer paid for your commission or you changed jobs. What if my Notary journal is lost or stolen? If any of your journals are lost or stolen, be sure to report the loss to the proper authorities as set out by your state laws. California and Montana require you to notify the Secretary of State. California requires the notice to be sent by certified or registered mail (or by any physical means of delivery with a receipt) and include the dates covered in the missing journal, along with your commission number and expiration date, and a copy of the police report, if applicable. Arizona, Hawaii and Texas require you to report a lost or stolen journal to the Secretary of State (or Attorney General in Hawaii) and also to local police. Arizona and Hawaii require Notaries to report any lost or stolen journal within 10 days. Illinois requires Notaries to report a lost, stolen or compromised journal to the Secretary of State’s office either in writing or electronically. The Illinois Notary must include the journal’s status (e.g. lost, destroyed or stolen); how the journal became lost, stolen or compromised; the date the Notary discovered the situation; a statement that the journal is destroyed or no longer in the possession of the Notary; and a second statement that if the journal is recovered the Notary will notify the Secretary of State in writing within 10 days after date of recovery with an explanation how the journal was reacquired (IAC 176.940 b)). If you are commissioned in a state that does not provide guidelines for reporting a missing journal and your records are stolen, the NNA recommends filing a report with local law enforcement. What if my state does not have rules for keeping a journal? Even if your state does not require keeping a journal (such as Alabama), or only requires a journal in certain cases (such as Florida, which requires a journal for online notarizations, but not for other types of notarizations) it’s still a good practice to keep a journal record of all your notarizations. The information in a completed journal could be vital to proving you acted properly if you’re ever accused of negligence or fraud in a court of law. Also, journals often contain sensitive personal information about your customers, such as addresses, driver’s license numbers or other data that could be used for fraud or identity theft. So even if your state does not require you to maintain old journal records, it’s advisable to keep them for a period of time in the event one of your previous notarizations is challenged or questioned in a court case. In the absence of official state rules for the disposal of a journal, The Notary Public Code of Professional Responsibility recommends safeguarding and storing each journal for at least 10 years from the date of the last entry in the journal.

Updated 11-6-23. A signer from another country asks for a notarization. The only ID he has is a passport from his country. Your first question is: Can I accept this? To accept foreign IDs, they must meet the requirements of your state's Notary laws. Here are some examples of state rules regarding foreign IDs. Foreign passports Foreign passports are the most commonly acceptable form of foreign identification for notarization, but state laws vary on the requirements. One common requirement is that the passport must be stamped by USCIS. Among the states with laws allowing Notaries to accept a properly stamped foreign passport are Florida, Georgia, Nebraska and Tennessee. Other states that allow foreign passports do not specify that they must be stamped. These include Iowa, Mississippi, Montana, North Dakota, Oregon, Utah and West Virginia. With the exception of Mississippi and Utah, these states allow expired passports so long as the date of expiration is not more than three years before of the notarization. Some states have more stringent requirements for foreign passports. California and Tennessee, for example, require all foreign passports to include a serial or ID number as well as a photo, physical description and signature of the holder (California Notaries may accept a foreign passport without a USCIS stamp). Florida requires a foreign passport to include a serial or identifying number and to be current or if expired, issued within the past 5 years. Massachusetts requires passports to contain a signature and photograph. Oregon requires a foreign passport to be from a nation federally recognized by the United States. In Arizona, a foreign passport may be used to identify signers for documents conveying or financing real property, and in Texas, for a deed or other document relating to a residential real estate transaction. However, neither of these states allow a foreign passport to be used for any other type of document. Other types of international identification State laws allow Notaries to accept very few other foreign IDs. California allows driver’s licenses issued by Mexico and Canada that contain a serial number, photograph, physical description and signature. Florida also allows these driver’s licenses if the license has a serial number. In both of these states, the license does not have to be current as long as it was issued within the past five years. In Arizona, when dealing with real estate conveyances and financing, you may accept any other valid, unexpired ID that is acceptable to the U.S. Department of Homeland Security to establish an individual’s legal presence in the United States and that is accompanied by supporting documents as required by DHS. Notaries in the state may check the Arizona Notary Public Reference Manual for more information. One type of ID that causes confusion is a consular ID issued by the consulate of a foreign country. Matricula consular cards issued by Mexican consulates are among the most common of these. They look very official and reliable — especially the newer versions — but only Notaries in Illinois and Nevada are specifically allowed to accept them. Matricula cards have been controversial in the past because of concerns that they are vulnerable to fraud. California Notaries may accept foreign consular IDs as proof of identity under a 2017 state law if the ID is current or issued in the past five years, has a serial or identification number, and contains the signature, photograph and description of the bearer. However, some Mexican matricula consular cards may not be acceptable under California law because they lack a physical description of the bearer. Where guidance about IDs is not provided Many states do not mention foreign passports or foreign IDs by name in their laws, but present a list of general requirements for any IDs Notaries may accept. If you are a Notary in one of these states, check your state’s Notary handbook or commissioning agency’s website for guidance. For example, Georgia’s Notary Handbook lists a foreign passport duly stamped by the USCIS as an example of an ID that Notaries may accept from a signer as satisfactory evidence of identity. If a signer has no acceptable identification at all, depending on the state you may instead be able to rely on one or more credible identifying witnesses regardless of citizenship or immigration status. In addition, for Notaries in Delaware and Virginia, a signer may present an alien registration card (U.S. Permanent Resident or “green” card) with a photograph. Foreign IDs that Notaries should not accept Don’t forget that foreign IDs also are often printed in a foreign language. Unless you understand the language on your client’s passport or the passport contains an English translation within it, you shouldn’t accept it, because you wouldn’t be able to verify the particulars of your client’s identity. Of course, under no circumstances should you rely on a third party to translate information for you.

In our global society, Notaries increasingly are asked to notarize documents written in foreign languages that they cannot verify. Typically, state laws do not expressly prohibit the Notary from approving a file that is not in the English language. Nevertheless, depending upon the scenarios, it may be inadvisable to notarize such foreign-language documents. The threat, naturally, is that the film misrepresented to the Notary. For any non-English text, the very best option is to refer the signer to a Notary who composes the language and reads of the file. The Notary ought to continue if the notarial certificate itself is in English or other words the Notary writes and reads if that is not possible. The Notary must also comprehend the letters and characters in the document's signature and any ID document provided. It is critical that the signer and the Notary be able to communicate in the same language, without the dependence on a 3rd party who, intentionally or inadvertently, might misinterpret the conversation. To notarize, you should have the ability to read the signer's signature to confirm the name matches any proof of identity the signer provides. You cannot notarize a signature written an alphabet you can not check out. For instance, if the signer uses Chinese characters and you cannot understand Chinese, do not notarize the file. Make sure the certificate wording is in a language you read and comprehend. You should never use certificate wording you can't understand-- you have no way to know what details you are affixing your signature and Notary seal too! If the certificate wording is in a language you don't understand, you need to attach the proper English-language certificate phrasing for the action requested by the signer, otherwise, do not proceed with the notarization. There are an of few language services firms that notarize documents in different languages. Most of the time, the language services firm has to translate files from a foreign language into English and get the translated version notarized. In most cases, a certified statement stating that the translation is accurate accepted. The certified statement made on a separate page and the statement is signed. If you are taking your translated documents to a notary, you should inform the notary that the document you want to get notarized is a translation and show the original file. The notary will ask that you sign the document in front of them once they have sealed the document. If you have clients that have documents that need to be translated such as immigration documents, medical records or college transcripts, you should refer them to a language services firm Sauls International to get them translated. Sauls International translated on time which will speed the rest of the documentation process. It is always good to accept clients that speak a foreign language and inform them that you offer translation services which will help them with essential processes and procedures. Get started notarizing foreign language documents today! Visit Sauls International website for more information.www.saulsinternational.com

Contributor writer: Jeannie Franks 9/19/2021 Serving well and prospering in any field takes commitment, education, and connection. Three years ago, I began my journey as a Remote Online Notary in the Commonwealth of Virginia. Since then, I have notarized over one thousand documents online where the signers were located all over the United States and overseas. At the same time, I have been able to mentor commissioned notaries and serve as a distinguished guest speaker at the National Notary Association Annual conference. Moreover, being a member of the American Notary USA has connected me to amazing people who I still do business with today. On that note, I will tell you now about the exciting news on the Remote Online Notarization field. Today, commissioned notaries at States where Remote Online Notarization has officially been approved can get CNVTA certified by the Cyber Notary Virtual Training Academy. This academy, also known as CNVTA, is dedicated to training Remote Online Notaries, so notaries enhance their professional RON services. The certification provides foundational layers of RON knowledge any Remote Online Notary can use today no matter what State the notary public is commissioned at. Members of American Notary USA get a 15% discount when registering for the CNVTA certification online course. The CNVTA certification course is only the beginning of getting well-shaped as a RON notary in the USA. CNVTA offers other online courses known as "Refreshers." These "Refreshers" are short and to the point. Some of the topics available are RON Notary Seal Explained and Marketing Strategies for RON Notaries. As time passes by, you will see more topics available. Best of, they are only $5. When you are a member of the American Notary USA, they will be less than $5 to you. More exciting news about CNVTA. On October 9 of 2021, the CNVTA will be offering the first of its kind online Master class designed for Remote Online Notaries who want to be Remote Notary Signing Agents. If you are already an NSA who wants to expand your NSA business as Remote NSA, or how the CNVTA puts it, "RNSA" or "RLSA," this online Master class is for you. Visit https://www.CNVTA.club for more information. Click on "Live Online." As you get equipped by the CNVTA, also stay informed. Subscribed to the American Notary USA Newsletter, The Notarial (NotaryNow.club newsletter), and CyberNow (CNVTA's Newsletter). The subscription to these newsletters is free. When you register for any CNVTA online course, two of the three newsletter subscriptions come with the registration. This is all from me for now. Embrace your notarial service and business with the best of you and with what is here for you to help you grow and shine. Be safe, serve well, and prosper. Jeannie Franks