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- What is a Medallion Signature Guarantee? " Often mistakenly referred to as a "Medallion Notary" or "
Notari es working in banks or financial institutions may be asked to provide customers with a "Medallion Signature Guarantee." It's important to understand that this request is not a notarial act, but a special type of signature guarantee provided within the banking industry. To help you know what a Medallion Signature Guarantee is, let's look at what it does and why it's used. What Does it Do? A Medallion Signature Guarantee is used primarily when a customer transfers or sells securities. It represents an assurance by the financial institution that the signature on the transaction is genuine. The financial institution accepts liability for any forgery. This prevents fraud and protects both parties involved in the transaction. Who Provides It? Specially assigned bank employees are responsible for providing Medallion Signature Guarantees, and they take that responsibility seriously with training and authorization. If a financial institution is not a member of a recognized Medallion Signature Guarantee Program, it would not be able to provide signature guarantees. Also, if a signer is not a customer of a participating financial institution, the financial institution will likely not guarantee the signature. What Should I Do If Asked? If you are asked to provide any "Medallion" related services by a customer, explain that Medallion Signature Guarantees is not a notarial act and can only be performed by specially authorized bank personnel. Understanding what a Medallion Signature Guarantee is is essential to being an informed Notary Public. Although this type of guarantee is commonly requested of Notaries, they are only able to provide notarial services such as oaths/affirmations and jurats. So if you ever get asked to perform one, make sure you politely explain that it is beyond your scope as a Notary Public! With this information, even novice Notaries will be prepared if they ever receive such customer requests. Would you like more information about Medallion Signature Guarantees? The Securities and Exchange Commission offers comprehensive insights into this topic. Anyone needing a signature guarantor should be directed to a commercial bank, savings bank, credit union, or broker-dealer participating in one of the Medallion Signature Guarantee programs.
- Understanding the Important Role of Notary Public Expert Witnesses
Have you ever wondered what a notary public expert witness does? Notary publics are responsible for authenticating documents, administering oaths, and taking affidavits and depositions. Meanwhile, expert witnesses are called upon to provide specialized knowledge and expertise in a legal matter. But did you know that these two roles can come together? This blog post discusses the critical role of notary public expert witnesses and what they can bring to a legal case. The Role of a Notary Public Expert Witness A notary public expert witness brings their expertise and knowledge in the laws, regulations, and standards related to notary public services to a legal matter. They are tasked with providing an opinion on the authentication of essential documents and certifying them as true copies of the original. They can also administer affirmations and oaths and take affidavits and depositions. However, notary public expert witnesses are not limited to these tasks as they can also provide their opinion on the validity of signatures and other notarial acts. The Compensation of a Notary Public Expert Witness Notary public expert witnesses are compensated based on the complexity of the legal matter they're involved in. Their fees can range from $200 to $400 per hour, depending on the circumstances. The retaining attorney and the notary expert witness will agree on the fee arrangement beforehand, which will be included in the contract. Expert witnesses must ensure their compensation is reasonable so they are not seen as partial or biased. Qualifications of a Notary Public Expert Witness A notary public expert witness should understand notary law, legal procedures, and the duties of a notary public. They should also have at least five years of experience and sufficient education, training, or certification. An expert in this field can be a notary public, judge, professor, or other professional who can provide testimony on notary law. Cases Requiring Notary Public Expert Witnesses Notary public expert witnesses can be called upon in various cases involving notarial acts. Some common cases include disputes over the validity of notarized documents, allegations of notary misconduct or fraud, or challenges to the accuracy of notarial acts. They provide evidence by using their specialized knowledge and authenticate documents to testify. They may also be called upon to testify in court or offer depositions that can influence the verdict. A notary public expert witness can provide valuable expertise in a legal matter and can be a vital resource in the authentication of documents and notarial acts. Their specialized knowledge can help ensure that any notarized documents are valid and authentic. Notary public expert witnesses can provide their services in various cases and can be compensated based on the complexity of the legal matter. With their knowledge and experience in notary law and legal procedures, they can provide valuable insight and get the job done right.
- How to Skyrocket Your Notary Business with Social Media Marketing
Social media is a compelling platform for personal use and a hub for businesses. It presents an excellent avenue for building your brand, standing out from competitors, and reaching your target audience. With nearly 80% of Americans alone on social media, sounding the trumpet of your notary business on this platform is a no-brainer. If you're wondering how to leverage social media for your notary business, keep reading to discover some all-important tips. 1. Know Your Target Clients and Define Your Goals The first step to any marketing plan is knowing your target audience and what you aim to achieve with your marketing campaign. By doing so, you can create content that speaks directly to your audience, capture their attention, and provide the information they seek. So, could you identify your target clients and pinpoint their needs and frustrations? Are they business owners or personal clients? What type of services do they require? Once you establish this, you can create content that solves their problems and promotes your business. 2. Develop a Content Strategy Could you create a posting plan for your social media platforms? A strategy promotes consistency and builds trust with your followers. Having a schedule is necessary for clients to know when to expect your content. Also, could you plan your content to align with your goals? For instance, showcasing quick and affordable notarization services is a better strategy than discussing the complex licensing process. 3. Leverage Social Media Tools Every social media platform has methods of engagement. Please familiarize yourself with these practices and use them to your advantage. For instance, social media has proven to be one of the most significant sources of reviews, and harnessing good reviews could do wonders for your business. You can also host events and targeted promotions that manifest genuine engagement from loyal clients and attract new ones. 4. Be Visual and Creative Social media is a visually engaging platform, meaning that the more visuals your content has, the more people will engage with it. Use high-quality images and videos that showcase your notary services to communicate your offerings and capture people's interest. Additionally, incorporating creative strategies such as humor or candid snapshots instills relatability and rapport, creating a more intimate relationship with your clients. 5. Collaborate with Others In Your Industry Collaboration is a brilliant maneuver for growing a notary business. Networking with professionals in related industries helps to expand your scope and market share. Could you identify potential collaborators or client referral sources on social media platforms and establish a relationship? Doing so can select a mutually beneficial arrangement, generating more business and expanding your brand. Social media is an excellent way to grow your notary business. With the right strategies, you can build a strong presence on these online platforms, connecting with potential clients and growing your brand. Use these tips to develop a sound social media marketing plan to increase visibility, attract your target audience, and skyrocket your notary business. Remember, social media works and its unlimited reach, so keep pushing and growing your practice.
- The Ultimate Guide to Efficient Recordkeeping for Notaries
As a notary public, you understand the importance of keeping accurate and organized records. A notary log book is essential to describe every transaction comprehensively. And with the Clever Fox Hardcover Notary Journal, the recordkeeping process is made much more accessible. This blog post reviews the benefits of using a quality notary journal, what makes the Clever Fox journal stand out, and how to use it effectively. Keeping a notarial journal is not mandated by the law in every state, but it is highly recommended. It acts as proof that you worked in compliance with state notary laws. The journal contains a record of all notarial acts performed and notary fees charged, and it can be used to prove that the signer was present and the document was notarized correctly in case of future legal action. Using a notary log book is an easy way to keep all your records organized in one place to find any information you need quickly. The Clever Fox Hardcover Notary Journal is the perfect tool for efficient recordkeeping. It is fully compliant with legal recordkeeping guidelines in all U.S. states except for Hawaii and has 206 numbered pages with 612 entries total. Each of the 612 pre-printed entry forms has plenty of space to write down every detail so that you won't miss anything during a signing. The large format (8.5 x 11 inches) makes written entries easy to read and access. The Clever Fox journal is designed to simplify your work. In addition to the pre-printed record entry forms, it comes with an illustrated user guide with step-by-step instructions. The guide is easy to follow and walks you through filling in the journal, making it an excellent tool for new and experienced notaries. The journal is also equipped with a table of contents, which makes it easier to locate documents in case of a review. The quality of materials is another standout feature of the Clever Fox Hardcover Notary Journal. It is made using only premium-quality materials that can withstand heavy everyday use, which means the book will last longer and provide greater efficiency. The hardcover binding is sturdy and durable, ensuring the book will stay intact over time. Keep your notarial transactions organized and protect yourself in legal disputes with the Clever Fox Hardcover Notary Journal. This high-quality journal makes recordkeeping efficient and effective with its pre-printed entry forms and illustrated user guide. As an essential tool for every notary public, it provides easy-to-use features and durable materials. Don't miss out on the opportunity to save 10% and get free shipping on your order from American Notary USA. Use code CFPA10 at checkout to make the Clever Fox journal a part of your essential notarial tools.
- 4 steps to become a mobile Notary
Updated 10-30-23. If you're looking to start your own businesses — or make money on the side — becoming a mobile Notary is a good place to start. It is simple, the start-up cost is fairly low and you can work either part-time or full-time. Mobile Notaries travel to signers’ locations to notarize documents. They earn money by charging a fee for the notarization up to the limit allowed by their state’s law. Some states also permit Notaries to charge a travel fee. The 4 steps for becoming a mobile Notary are as follows: Step 1: Become a Notary (if you aren’t one already) Step 2: Create a business plan Step 3: Create an internet presence Step 4: Market yourself The difference between a mobile Notary and a Notary Signing Agent Being a mobile Notary is not the same thing as a Notary Signing Agent (NSA). An NSA required extra certification and training in order to perform mortgage signing assignments for title companies. Someone who works only as a mobile Notary does not automatically possess these additional qualifications. However, you can perform both general mobile Notary work and mortgage assignments if you are a certified NSA. In fact, this can be a good way to earn income when there are fewer loan signing assignments available. Step 1: Become a Notary The requirements for becoming a Notary vary from state to state. At a minimum, you will be required to fill out an application and pay a filing fee. Depending on your state, you also may be required to: Complete a training course Pass an exam Undergo a background check Purchase a surety bond Purchase supplies such as a Notary seal and journal While no state requires you to have Notary errors & omissions insurance, it is advisable for any self-employed Notary to have an E&O policy. Step 2: Create a business plan A business plan helps you map out where you want to accomplish and how you expect to accomplish it. It does not have to be complicated, but it helps get and keep you on track. Among other things, it should include: What services you offer How far you’re willing to travel (or the geographic area you plan to serve) Where you expect to find business (such as healthcare facilities, schools, small law firms, banks and military installations) How you plan to market your services Step 3: Create an internet presence No business, no matter how small, can expect to thrive without an internet presence. Most potential customers will search the internet to find a mobile Notary. At a minimum, you should have a website that includes: Your business name and contact information The services you offer (including services other than notarizations) The geographic area you serve Any other pertinent information It’s also a good idea to create profiles on various Notary forums and set up social media pages for your business. You want to make it as easy as possible for potential customers to find you. Step 4: Market yourself This is the key to your success. The more effort you invest in marketing your services, the more business you’ll get. Again, your internet presence is important. Regular social media posts about your business will help get you noticed. That can include short videos on YouTube and shared links on Facebook. Apart from the internet, person-to-person networking is invaluable. Your community will have a variety of businesses and organizations that often need a Notary, and your business plan will identify many of these entities. Circumstances permitting, make the rounds of these organizations to drop off your business card, then periodically revisit so potential customers get to know you. Final thoughts Once you get your mobile Notary business up and running, consider ways to expand your offerings. You could add non-Notary services, such as I-9 services and apostille services. You also can consider becoming an NSA to take loan-signing signing assignments.
- NNA 2023 Influencer of the Year: Mark Wills
Get ready to like, share, and follow a juggernaut personality in our esteemed Notary community! We are thrilled to reveal that Mark Wills — a highly celebrated industry leader and the founder of Loan Signing System (LSS) — has been crowned as the National Notary Association’s first-ever “Influencer of the Year” based on the votes of thousands of Notaries from across the country. The award is undoubtedly fitting for Wills, as he is widely known for motivating and inspiring a new generation of entrepreneurial Notaries, generating millions of views and engagements on social media. He has trained thousands on how to leverage smart tactics and strategies in building their Signing Agent and mobile Notary businesses. Wills generously shares his valuable entrepreneurial wisdom and experience with more than 370,000 Notary followers and countless engaged users on his social channels, including YouTube, TikTok, Instagram, LinkedIn, and Facebook. On YouTube alone, his Notary entrepreneur training videos have garnered nearly 6 million views. "I am so honored to win this recognition because it is an achievement voted on by the Notary community,” Wills said. “There are so many amazing community leaders, including the other nominees, that winning is such an incredible honor. My mission is to help one million Notaries public build a business they truly deserve, and I will not stop until I reach that milestone. Let's go!” About the Influencer of the Year Award The NNA established the Influencer of the Year award this year as social media has become an essential resource for building industry community and sharing ideas, wisdom, and strategies. The award recognizes a Notary who has inspired, mentored, or educated Notaries nationwide on one or more social media platforms. The Influencer of the Year is chosen by you and the votes of your fellow Notaries through our new nationwide voting system. Wills is loved and celebrated by tens of thousands of Notaries whom he has trained and influenced over the years, and he is recognized as one of the highest-producing Notary Signing Agents in the country. But that recognition didn’t come easy, as he endured years of blood, sweat, and tears building his enterprises and creating an environment for training Notary entrepreneurs. Visit Mark Wills’ socials: Over nearly two decades, Wills has conducted more than 10,000 loan signings. As he grew his business and learned more, he became dedicated to mentoring and training other Notaries, which led to him launching LSS. Mark's influence transcends his courses, as he is the host and keynote speaker at the national Loan Signing System Signing Agent conferences, and he is a regular featured speaker at NNA annual conferences. Furthermore, he is a recognized member of the Forbes Real Estate Council, and his expertise has been showcased on various notable platforms, including ABC, Inc., Forbes, and FOX. Additionally, he has been featured as a guest on highly acclaimed podcasts, such as Bigger Pockets, Smart Passive Income, and Side Hustle Nation, demonstrating his commitment to sharing knowledge and expertise with a broader audience. In addition to his remarkable signing agent career, Mark is an accomplished best-selling author, with his book, "The Best-Kept Secret in the Real Estate Industry: How to Become a Successful Notary Loan Signing Agent," attaining the #1 position on seven Amazon Best Seller Lists, including those in real estate, home-based businesses, and marketing and sales. As part of Mark’s award, the NNA will provide a $500 donation to the charity of his choice. Please join us in congratulating Wills for being named the NNA’s 2023 Influencer of the Year! Phillip Browne is Vice President of Communications for the National Notary Association.
- Safe spaces, dangerous places for meeting customers
Updated 10-30-23. Brian Keithley stands 6 feet, 7 inches tall, but he still doesn't take any chances with his safety. The former corrections officer and mobile Notary knows that size doesn't guarantee a Notary’s well-being. Keithley was once asked to visit a hospital to notarize documents related to the sale of an elderly mother’s home. He suspected elder abuse when the mother appeared to have no idea what was happening. When he tried to leave the room, family members attempted to physically force him back. He had to call hospital security for help. Mobile Notaries face a certain degree of risk that comes with the job — they must be available to respond to assignments at all hours of the day and night, and they must find a meeting place that’s convenient for the client regardless of the hour. This can be difficult, especially for Notaries who live in rural places without a well-lit, 24-hour restaurant or coffee shop nearby. Notaries and safety experts agree you must never take your personal and professional safety for granted, no matter what size you are, the physical shape you’re in, or even if you have military or police training. However, there are ways to balance the need to be accommodating — in an industry where prompt responses to clients and willingness to travel at any time win the day — with an awareness that meeting strangers in strange locations carries inherent risk. The National Notary Bulletin recently asked Notaries on Facebook to share what they consider to be safe meeting places and what they consider to be dangerous signing locations. Dozens of Notaries shared their insights into their safety practices and the limits they place on where and when they'll travel. Notaries have to be smart For many mobile Notaries, keeping in touch with someone you trust while on assignment is crucial to staying safe. Keithley has a safety plan in place where he’ll send a text to his wife with the location of the signing and the approximate time he’ll be gone, and if she doesn’t hear from him within 45 minutes of that time, she’ll call him. He has certain distress words he can use to alert her if he's in danger. “I’m 6 foot 7 inches, an Army veteran, and trained in law enforcement, and I know I can still get in trouble,” Keithley said. “If someone wants to get stupid, they're not going to care (about my size). People don’t understand that just because you’re a guy, big doesn’t always defend you. You have to be smart.” He once took a call at 1 a.m., but still insisted on finding a safe, well-lit location to conduct the notarization. He ended up meeting his client at the entrance to a Walmart, so there were people still coming in and out of the building, and security cameras were also in place. Other safe places that Notaries on Facebook mentioned using include restaurants, such as Subway and Panera Bread, or coffee shops such as Starbucks which have multiple locations in most towns. Other safe meeting places suggested were police stations, churches, post offices, banks and a friend’s office. Another Notary mentioned using a shopping mall atrium, though she noted this location also comes with a lack of privacy. Others echoed the difficulty of finding safe places that are also private. Keithley said he likes meeting at a local library if privacy is needed. He can reserve a room with glass windows and a door and it's free. Suggested safe meeting spaces: Coffee shops Restaurants Public libraries Most of the Notaries responding to the Facebook survey mentioned signer’s homes as the most potentially dangerous places they visited, but they also listed dark spaces such as a park at night, or even the side of the road. One Notary performed a signing on the hood of a car at night with a flashlight — a risky situation, considering the chances of getting hit by a passing vehicle. Keithley won’t go to parks in the evening and has a habit of checking out a neighborhood prior to the signing to get a feel for things. When going to an unfamiliar signer’s home, Notaries described different strategies for mitigating risk. One Notary said she won't go inside a home if she feels unsafe, so she'll conduct the notarization in the doorway. Others recommended taking note of people drinking alcohol and whether the signer appears rushed or irritable, mention they are expecting someone else to arrive, or are in the middle of other activities that make you feel uncomfortable or unsafe. Notaries have to have heightened awareness David Fowler, who founded a personal safety training company and who specializes in teaching safety to workers who travel to client’s homes, emphasized cultivating awareness as a Notary's best defense. “Everything goes to awareness,” he said. “In an environment you’re not aware of, you have to have heightened awareness and be vigilant.” Fowler’s training class, called AVADE (Awareness, Vigilance, Avoidance, Defense and Escape) teaches participants to use their powers of perception to spot risk and then take appropriate steps to handle the situation. The safety process begins ahead of time, he said. When you park at the client’s home, park facing the same direction you came from. The route you used on the way there will be familiar, so if you need to make a hasty escape, you won’t get lost going a different way or have to backtrack to the signer’s home to get your bearings. He also recommends telling the client right off the bat that you’re expecting a phone call — for example, you can tell the signer a relative may need to speak with you urgently — and if you get it, you’ll have to step outside and take it. That way, you have a built-in, plausible reason to leave if you need it. He also said to position yourself close to an exit in the home and take note of any objects, or people, who may block a hasty exit. Risky meeting spaces to avoid: Parking lots Side of a street or road Isolated, outdoor spaces at night He said Notaries should look at a client’s body language to help them determine threat risk: “When people have intentions, they more than likely will express them nonverbally. According to the science of communication, (people) communicate nonverbally more than any other way,” he said. “If a person is getting too close, or positioning, like cutting off a potential escape route … those are all red-flag intentions that something isn’t right.” Fowler said the number one thing people get wrong about personal safety is denial. “We deny the fact that people can have bad intentions towards us, which costs us time,” he said. “We really want to give people the benefit of the doubt; our hearts are good — it’s hard to imagine, ‘why would someone hurt me?’ You have to take a step back and say, overall, people are good, but there are some bad apples in the barrel, and if we deny that, we miss the triggers, the signs and symptoms. It costs us time and distance, and time and distance always equal safety.”
- A Notary’s guide to spotting fake IDs
Updated 10-27-23. Verifying the identity of signers can be challenging considering how many types of ID are in circulation — and how good many of the fakes are. In an effort to cut down on ID fraud, most states have significantly improved the security features of the driver’s licenses and identity cards they issue. Here are 4 things to look for: 1. The signer’s physical description on the ID doesn’t match the signer. Always be sure to compare the physical description of the signer on the ID to the person in front of you. If the signer is 6’2” but his driver’s license lists him as 5’0”, or a twentysomething signer presents you with a license that said she was born in 1963, then something’s definitely amiss. 2. Misspellings on the ID. Spelling errors on an ID card — such as the state name or other information being misspelled on a driver’s license — are a warning sign that the ID is a counterfeit and wasn’t produced by a legitimate agency. 3. Look for signs the ID has been tampered with. If the signer’s photo on the ID seems unusually thick or stands out from the ID, it’s possible a second photo has been pasted or glued on top of the original. Other signs that an ID may have been tampered with are peeling or damaged laminate on the card, or blurry or smeared text. 4. Check for state-specific watermarks and security features. State-issued driver’s licenses and ID cards often include security features such as holograms or specially printed images as protection against tampering.
- The Road to "Success" as a Notary Signing Agent is Personal
Here we are folks! Just a little over a year after the Real Estate downturn and things are starting to come back. For those of you who made it through you should be so proud that you learned to save on cost and/or expand your services as a Notary Signing Agent. Now that you know what you know you will be prepared for the ups and downs of the industry because one thing is for sure Real Estate will always have its ups and downs. And if you are just getting into the industry- welcome because now is the perfect time for any Notary seasoned or not to begin building upon the aftermath of the post-pandemic refinance dry-spell. We have so much to talk about in the coming months as the Real Estate market rebuilds itself and this coming year's conversation is going to be much more exciting! Now, you know at Notary Stars we are always going to stress for you to strive for Signing Agent Excellence as that will be your never-ending tank of gas on your road to success as a Notary Signing Agent. But is being good at your job enough to help you reach success? And how long will it take you to get there? Great Questions! And the answer is simple really: It all depends upon what you consider success. And your success should never be measured by what someone else considers, or fabricates, as success. Success is a personal journey, not a destination. It seems today you can't go to YouTube without some affiliate marketer telling you how you can "Make Six-Figures," as a Signing Agent. All you have to do is take the course they took so you too can cash in on this turn-key business. Which, btw, they make like $175 to $280+ for you clicking their links. #truestory. These affiliate marketers don't have your success in mind at all. They only have their own successes in mind. They need to sell courses like you need signing clients. Stop and ask yourself if making six figures is actually success? Do you even need to make six-figures? Or do you even want to make six figures? The truth is not everyone wants or can realistically make that in this industry as there are a factor such as availability of time, location, competition, and sometimes State Law can get in the way. Watching an uplifting video that pulls at heart strings isn't going to make you any more successful than you are at this very moment, although it will definitely add to your expenses (and quite possibly regrets) if it doesn't work for you, right? So how do you reach success as a Notary Signing Agent? Or make six-figures if that is your goal? First of all, you should research your market to see what is actually possible. And I don't mean watching YouTube videos that lead to affiliate links either. You've got to get away from those as they'll say anything to make you buy something. That's what marketers do. They make money off selling. Researching your market should involve: 1) Analyzing your population and surrounding areas growth within 25 miles. The greater the population the greater the chances you can break six-figures. But also look to see if their new developments going up left and right or is it not changing? Smaller populations won't mean you can't make a great living. For instance, smaller populations near tourist destinations also do well. 2) Analyzing how many Notaries are in your area. Start by going to NotaryResume.com and put in your zip code to see how many Signing Agents are in your area. If you don't see a lot of Notaries in your area it may mean that you can do this, but you might need a second job. The more you see the better it is! Except you'll definitely have competition. 3) Contact other Mobile Notaries as a member of the general public and inquire about their fees for different things and determine what you'll reasonably be able to charge the general public. 4) Contact some local Realtors and Escrow Officers and ask them if they hire direct or work with Signing Agencies. And ask them what they require if you took the training you needed to work with you. 5) Make the decision if you are going to be part-time, full-time, or even seasonal (yes, seasonal Notaries are a thing). Lots of retiree's need extra money at the end of the year and that's when Real Estate is the busiest. And let's face it it beats wrapping presents at the mall. Once you have determined that you are in a good area to become a Signing Agent and that it could provide you and you get set up as a Mobile Notary Signing Agent you will need to decide what success is to you and then market yourself appropriately to achieve that goal (Yep, we are about to start talking about goals for 2024 as we are moving into 4th quarter in less than 30 days). And never forget that you don't have to compare your successes to any other person on planet Earth. Here are some things you will need to do though to get to your own personal success: 1) In the beginning you are going to have to work with Signing Agencies unless you are extremely lucky to have a relative or very good friend working as an Escrow Officer willing to risk their book of business on you right out of the gate. Remember, that the better you are at your job the more work you will receive so please consider Notary Stars as we train Notaries to become excellent Signing Agents. We don't teach you to fake it until you make it here. So, you'll need to leave no stone unturned and sign up with 100's of Signing Agencies. 2) You will not want to spend too long signing up with everyone either before you start direct marketing. Signing Agencies take a good cut from the pay you can make so it will be important for you to also learn how to direct market as a Notary. Once you are comfortable with loan documents packages, like all of the packages we teach at Notary Stars you can upgrade to the Notary Star + Marketing level or you can also purchase my direct marketing series A La Carte to help you with direct marketing. 3) Learning how to Market your business from every angle is going to be key- whether you are part-time, full-time, or seasonal. Marketing is a lot like farming. You plant seeds today for the crops you want later on in the year. Failing to do so means you won't eat. It's just that simple. And just a side note: Marketing is ever changing! If you really want to grow a Notary Business, you truly have to understand Search Engine Optimization and Social Media these days. If you lack in these two things, please come see me at the Notary Star + Marketing membership level as I'll get you up to speed. After all I am a true Legend (no pun there, that's my actual title at Wix.com). 4) As your business grows you need to learn to diversify what you offer. There are very few businesses out there that only offer one product or service. Lucky them, right! 5) You will need to continue to work hard at being the best at every product or service you attempt. You can market all day long, however, repeat business and referrals are going to be the key to your personal success. If you aren't the best, you will either run out of bridges to burn or someone else will soon come along and take your clients. This is why you should always strive for Signing Agent Excellence!
- ******NATIONAL NOTARY PUBLIC DAY NOV. 07, 2023******
A Historical Overview of the Office of Notary Public The Roman Empire to the Middle Ages The history of the office of notary public is closely related to the history of the Roman Empire and the early Catholic Church. The Romans developed the office and used it in the lands they dominated. The Church established its own system of notaries and, because of its position in civil affairs following the decline of the Roman Empire, influenced the development of the office. The word “notary” comes from the Latin word “nota,” a system of shorthand developed by M. Tullius Tiro (103-3 B.C.), the clerk of Cicero. Tiro used nota to take down Cicero’s speeches. People employed to receive instructions for the drafting of agreements, conveyances, and other types of instruments adopted this method of writing, and the term “notarius” was used to describe them. These notarii became semi-officials during the early days of the Roman Empire. Their number grew and their influence increased as the empire expanded. They were also known as scriba, cursor, tabularius, tabellio, exceptor, acuarius, and notarius, depending on the time in which they lived and the duties that they performed. Over time, they formed themselves into a sort of guild or company, and the government undertook a limited amount of supervision and regulation, such as fixing the fees they could charge. Notarii were officers of the Catholic Church from a very early time. Clement, the fourth Pope, appointed seven men who were stationed in various parts of Rome to describe the acts of any martyrs in their appointed area. Later, the Church claimed international jurisdiction and declared that papal notaries could act in any country. The Roman Empire reached its zenith during the period 96-180 A.D., during which time it united 45 provinces containing more than 75 million people. Their empire encompassed Spain, Britain, Central Europe, and all lands bordering the Mediterranean Sea. The principal Roman influences on these conquered lands were their systems of law and government. The value of the office of the notary was apparent, and the use of the office spread throughout the empire. The Roman Empire started to decline near the end of the second century, and by the year 500, the collapse was complete. During the turmoil that followed, the Pope took the place of the Roman Emperors, and the Church took over many functions the government had neglected. During the eighth century, the Holy Roman Empire was created in Central Europe. In the year 803, the Emperor Charlemagne directed his deputies to nominate notaries throughout the empire, and in 805, he required all bishops, abbots, and counts to have their own notaries. The emperor invested the acts of these notaries with public authority. Charlemagne and the German emperors who followed him claimed all the authority that had belonged to the Roman emperors, including the authority to appoint notaries. The emperors declared that these imperial notaries could exercise their duties in any country ever subjected to the Roman Empire, even if the country was independent. The Notary in England The office of the notary public did not attain the position of importance in England that it did in most of Europe. The reasons can be found in the economic conditions and the state of the law during the Middle Ages and the Reformation that followed. England had notaries during the Middle Ages. Documentary evidence shows notaries were practicing there during the reign of Edward the Confessor (1043-1066 A.D.), and they were well known during the reign of Edward II (1307-27 A.D.). Notaries were needed for the ecclesiastical courts and commercial transactions involving foreign countries. The imperial and papal notaries who filled these needs sometimes irritated the English kings. For example, in 1320 Edward II issued two writs prohibiting imperial notaries from practicing in England and denying credit to their work. The law did not require deeds and other instruments in common use to be prepared or attested by professional experts. Since most of the commerce was in foreign hands, the medieval common law did not need or recognize notaries. During the fifteenth and sixteenth centuries, England began to handle much of its foreign commerce, so notaries were required to draw up different kinds of instruments. However, the notarial system as it was known under the Romans never really caught on. The Reformation began in England with King Henry VIII’s revolt against the Pope. Henry VIII, a devout Catholic, had a dispute with the Pope regarding his marital status. As a result, he demanded that Parliament enact a law giving him the right to appoint bishops in England without the Pope’s permission. He immediately installed a puppet Archbishop of Canterbury who solved Henry’s problem by declaring his marriage to Anne Boleyn valid. The Pope claimed Henry was still married to Catherine of Aragon and excommunicated him. Henry retaliated in 1534 by having Parliament enact a law making him the head of the Church of England and giving him the exclusive right to make appointments, including appointing notaries. Parliament created a Court of Faculties, attached to the Archbishop of Canterbury and empowered to delegate notaries. The Reformation reduced the ecclesiastical law to a subordinate position. During the seventeenth century, common law became the supreme body of law in England, so the office of notary public, an official of the ecclesiastical and civil law, became less important. In just a little over a hundred years after Henry VIII severed the ties with Rome, some 60,000 settlers left England to find a new life in the New World. Twenty thousand settled in New England, and the rest in Maryland, Virginia, and Bermuda. The settlers brought with them the common law of England, including the office of notary public. We can get an idea of the nature of the office in the early 1700’s from this description: “We call him a notary public, who confirms and attests the truth of any deeds or writings, in order to render the same more credible and authentic in any country whatsoever. And he is principally made use of in courts of judicature and in business relating to merchants. For a notary public is a certain kind of witness, and therefore, ought to give evidence touching such things as fall under his corporeal senses, and not of such matters as fall under the judgement of understanding.” The Notary in America The office of notary public did not develop in America as it did in Europe. This was because the colonists adopted the common law of England where the office never took deep roots as it did in other countries. The State of Louisiana is an exception. Louisiana was settled by the French (whose legal system is based on the Roman law), and the functions of notaries are more extensive. Early colonial charters and state constitutions did not mention the office of notary public. There was no need to. The office was a part of the accepted rules the colonists brought with them. Common law and the customs and rules recognized among merchants also defined the duties of the office. The Colony of New Haven (Connecticut) appointed the first notary public in America in 1639. During the seventeenth century, Massachusetts, New Amsterdam (New York), and Virginia appointed notaries. Legislatures appointed the first notaries. Later the Governors, as chief executives, assumed the right to appoint notaries. In 1720, the Archbishop of Canterbury appointed a notary in Boston, but the notary was forbidden to practice by the Massachusetts Legislature. What is a Notary? A notary public is an appointed officer who acts as an impartial witness to certain transactions. The notary’s participation in these transactions creates a degree of certainty and integrity that is crucial to the proper operation of business, government and commerce. The notary’s role in a transaction is to act as an impartial witness who also has the authority to perform certain duties and make a certified statement about the transaction and its principals. The most typical notarial transactions involve the execution (signing) of documents. In order for documents requiring a notarial act to be properly executed, the signer must appear before the notary, prove his/her identity to the notary, and acknowledge his/her comprehension of the document and willingness to sign OR swear/affirm that the contents of the document are true. The required notarial act is determined by the composition of the document or is at the direction of the signer or other party involved with the document—it is not determined by the notary. The notary conveys the facts of a notarial act/transaction by completing an official statement called the “notarial certificate.” The notarial certificate is always signed, and often sealed (depending on state requirements) by the notary. The notarial certificate commonly appears at the end of a document or is attached to the document as a separate sheet. The most familiar notarial certificate language reads substantially like: “Acknowledged before me by (Signer’s Name) this (date) day of (month), (year)” or “Sworn/affirmed and subscribed (signed) before me this (date) day of (month), (year).” Notaries derive their authority from their state governments. They are “appointed” or “commissioned” by a top official of their state, generally the Governor, Lieutenant Governor, Secretary of State or Treasurer. Each state has its own unique notary laws and notaries must follow the laws of their particular state. This means that notaries in one state may have authority to perform duties that notaries in another do not—it depends completely on each state’s notary laws. There is no corresponding or overriding federal law governing notaries. A notary’s specific, authorized duties vary by state but can include: • Administer oaths and affirmations; • Take and certify the acknowledgment of a document; • Make attested photocopies; • Issue protests of notes and bills; • Witness the opening of safe deposit boxes and certify a list of contents; • Issue subpoenas; • Perform civil marriage ceremonies Most people believe that notaries simply “notarize signatures.” This greatly oversimplifies a notary’s duties and responsibilities. In carrying out his or her duties, a notary not only follows what is dictated in state law but exercises subjective judgment on matters such as the state of mind of the signer, the signer’s comprehension of the transaction, or whether fraud or coercion are present. A notarial appointment is a privilege, not a right. A notary is subject to disciplinary action as well as suspension or revocation of his/her commission. A notary may perform notarial acts ONLY while his or her commission is current. The length of a notary’s commission term varies by state, but is commonly four years. Most all completed notarial certificates will bear a stamped or handwritten notation that includes the notary’s commission number and commission expiration date. The format of a notary’s seal, and whether or not a notary is actually required to use a stamp or embossing tool, is unique to each state and is set forth in each state’s notary laws.