Updated 10-16-23. There are times when a signer urgently needs a notarization, but cannot appear in person before the Notary due to unusual circumstances such as a medical or family emergency. If this happens, some states permit the signer to sign the document in the presence of a witness. The witness — not the signer — then appears before the Notary. The Notary identifies and administers an oath to the witness. Then, the witness signs the document. Based upon the witness’s oath, the Notary performs the notarization. This is called a “proof of execution by subscribing witness.” But there are restrictions and specific requirements for this act. Here’s what you need to know. Restrictions on proofs The most important thing to remember is that proofs of execution are one of the only times a document signer does not appear before a Notary to have their signature notarized. While you must be careful when performing any notarization, this is even more important when you perform a proof. Not all states allow Notaries to perform proofs; sometimes Notaries aren't even aware that they are permitted to do so. This is often because the rules for proofs of execution are sometimes included in real estate statutes or some other obscure part of state laws rather than in state Notary statutes. Because the signer is not present, states often have strict criteria for using proofs of execution by subscribing witnesses. Here are some examples: California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary. In Texas, the subscribing witness must either be personally known by the Notary or be identified by a credible witness. In North Carolina, a subscribing witness cannot be a grantee or beneficiary of the document that is being notarized. In Pennsylvania, the subscribing witness must be an attorney licensed in Pennsylvania. In Tennessee, two subscribing witnesses are required. Georgia and Washington, however, do not authorize proofs of execution by subscribing witnesses. While there is no mention of proofs in Florida Notary law, the state’s real estate law technically permits proofs. But there is no information in the law, rules or Notary handbook about how to perform a proof. Always check your own state’s rules first before accepting a request to perform a proof of execution. Real estate documents and proofs Due to risk of fraud, California prohibits its Notaries from performing a proof of execution on powers of attorney, on documents requiring a thumbprint in the Notary’s journal or on any instrument affecting real property. Certain real property documents — decrees of foreclosure, non-judicial foreclosures under California Civil Code 2924 or deeds of reconveyance — are exempt. Conversely, Oregon law permits proofs of execution to be used only for certain real estate transactions, but state officials recommend that Oregon Notaries consult with the Real Estate Division if it comes up. Proofs in the workplace Some employers ask Notary employees to perform proofs of execution as an easy alternative to appearing in person as a convenience for themselves or clients. While it can be argued that there is no reason the boss or the client couldn’t go to a Notary themselves, state laws governing proofs allow this practice. If you are asked to perform a proof of execution by your boss, be sure to confirm that your state permits the act. If you are allowed to perform a proof of execution and the subscribing witness meets all the requirements, you can proceed. Also, you might gently make the case to your boss why it’s a good idea for signers to be present and suggest that failing to require the signer to personally appear is one of the most common causes of Notary-related lawsuits. A final note Because the requirements for proofs can be highly technical, you should only perform them if you are familiar with them and understand what is required. If you are not familiar with proofs, it is okay to refuse a request to perform one.

Updated 10-16-23. Notaries starting or expanding a new business often don't have a lot of money to spend on marketing. Here are easy, low-cost ways to advertise from successful Notaries that can help you. No budget = no problem Marketing funds may be nonexistent when you're just starting out. However, technology has managed to even the playing field when it comes to creating effective, do-it-yourself marketing strategies. Website Builders: Free online website builders like WordPress make it easy to create an internet presence for your business, says South Carolina Notary Sonita Leak, who also uses online marketing for her Notary business. Online Classified Ads: Colorado Notary David Harper was able to grow his company using Craigslist, and recommends renewing your Notary ad every 48 hours to draw in new business. Notary Directories: If you are an NNA Certified Notary Signing Agent, you automatically receive a free directory listing on SigningAgent.com to advertise your Sigining Agent business. Subscribing to FindANotary.com can also help Notaries connect with customers seeking general notarization services. Social Media: Create a Facebook business page separate from your personal one, and use platforms such as Twitter and LinkedIn to promote your business. Old-Fashioned Networking: Joining professional associations and participating in local events through your church or chamber of commerce are great ways to network with other Notaries and connect with potential customers. Testimonials and Word-of-Mouth: Solicit feedback reviews from your clients and ask them to share their positive experiences working with you. Hand out extra business cards for them to pass on to friends and colleagues. Working on a shoestring budget A limited marketing budget can yield maximum results if you are strategic in how and where you spend your money. Business Cards: Sites like VistaPrint make it simple to design and print affordable, professional-looking business cards. Take it a step further by creating uniquely shaped cards, like Virginia Notary John Cole, who uses a circular card in the shape of a Notary seal. Promotional Items: A pen, magnet, calendar or other give-away tchotchke can be effective if: (a) your brand and contact information is prominently displayed; and (b) it's an item that people will actually use — preferably again and again. A bulkier marketing budget Having more funds to invest in marketing can allow for even more creativity. Car Decal: California Notary Laura Biewer scores "drive-by" business with her car decal emblazoned with her company name, At Your Service Mobile Notary. Google auto decal or vehicle graphics companies in your area for pricing. Professional Website: If you lack the skills, time or desire to create your own, hiring a professional website designer can ensure your site functions exactly how you want it to. Make sure it allows for easy updating, so you can keep your site content fresh and appealing. Designer Logo: Having a professional create a unique logo for your company can lend more credibility to your Notary business brand — and a particularly creative or attractive design may help attract new business.

Updated 10-16-23. Many people — including Notaries — often have mistaken ideas about what a Notary Signing Agent is and what they can and cannot do. Here are 4 common misconceptions, along with facts to clear up any misunderstandings. 1. Misconception: Notary Signing Agents are just Notaries Fact: Notary Signing Agents perform several additional non-notarial duties in addition to notarizing signatures on loan documents. A Signing Agent must print the loan document package for signing by the borrower and leave a second set with the borrower, make sure the borrower signs and initials non-notarized documents in a loan document package and deliver the completed loan package to the lender or title company. 2. Misconception: Notary Signing Agents can operate unrestricted everywhere Fact: Notary Signing Agents must hold additional qualifications in some states and face restrictions in others. For example, Indiana and Maryland require Signing Agents to hold a title insurance producer license in order to conduct loan closings. Nebraska prohibits Notaries from charging ancillary fees such as courier fees. Other states, such as Delaware, Georgia, South Carolina and Vermont, require closings to be conducted by an attorney. 3. Misconception: A Notary commission is all you need to be a Notary Signing Agent Fact: While a Notary commission is required to be a Signing Agent, most companies require Signing Agents they hire to undergo a background screening because they routinely conduct loan signings in borrowers’ homes and handle borrowers’ personal financial information. Companies may also require Signing Agents to take additional training as well. 4. Misconception: Signing Agents are subject only to state Notary laws Fact: As third-party service providers for mortgage lenders and title companies, Signing Agents also must comply with the same federal privacy rules that lenders and title companies must follow, including but not limited to the Gramm-Leach-Bliley Act, the Truth In Lending Act and the USA PATRIOT Act.

This article is the last in a series commemorating the 50th anniversary of the National Notary Association’s Model Notary Act (MNA) in 2023. For more about Notary law history, please see part 1, “5 important first Notary laws,” and part 2, "The 5 most influential Model Notary Act provisions." For more than half a century, the NNA has dedicated itself to creating a professional, fair and lucrative environment for Notaries everywhere. It’s an effort that never ends, as it is responsive to how our country and the world change and evolve. But how does the NNA decide what Notary laws to support, and which ones to oppose? We use the Model Notary Act to guide our efforts. This final article in our series commemorating the 50th anniversary of the Model Notary Act will examine how the NNA advocates and fights for effective Notary Public laws and policies. NNA advocacy philosophy Since every state has laws regulating Notaries Public, each year there are many legislative bills, administrative rules, and other policies affecting Notaries that pop up on the NNA’s radar. How do we decide how to respond to these policies? Our response is dictated by the Model Notary Act itself. Section 1-2 states the purposes for which the MNA was published. These purposes not only provide the basis for the Model Notary Act; they also are the guiding principles that drive the NNA’s advocacy efforts. Section 1-2 reads: 1-2. Purposes. This [Act] shall be construed and applied to advance its underlying purposes, which are, to: promote, serve, and protect the public; simplify, clarify, and modernize the law governing notaries public; establish rules of conduct for notaries public; protect the interests of notaries public; recognize the significant discretion notaries public exercise in performing notarial acts; facilitate cross-border recognition of notarial acts; integrate procedures for notarial acts involving the use of technology; and unify state notarial laws. There isn’t a better statement for why the NNA advocates for effective Notary laws. The best way to show how this works is to illustrate how several of these purposes have guided our advocacy outreach on various Notary issues in recent times. Serving and protecting the public interest The first purpose — promoting, serving, and protecting the public — is foundational to all the others. It expresses the primary reason Notaries exist. Notaries are public officials who provide official witnessing services to the public at large. Notarial acts are only effective and trustworthy if they fulfill this purpose. This particular purpose has guided the NNA in advocating for Notary journal and education laws over the years. For example, in past decades the NNA supported journal legislation in the state of Florida and elsewhere because we’ve always believed Notary journals protect the public and promote the public welfare by making notarial acts more reliable. Similarly, with respect to Notary education, the NNA strongly believes that an educated Notary is better able to promote, serve, and protect the public. This is why the NNA has supported and testified on mandatory Notary training bills and proposed rules in multiple states as they were being considered. Protecting the interest of Notaries A second purpose of the Model Notary Act that inspires our advocacy efforts is found in paragraph (4): protecting the interests of Notaries Public. One way the NNA has done this is by supporting legislation to increase the statutory maximum fees Notaries may charge. A recent example was in California. In 2016, Assembly Bill 2217 was introduced and enacted, raising the maximum fees Notaries could charge for the first time since 1993. The Assembly member who authored the bill said his office received over 1,400 support letters from California Notaries triggered by NNA grassroots efforts. Another example of protecting the interests of Notaries was this year’s enactment of Colorado SB 23-153, a bill that allows interpreters to be used by Notaries and document signers. As a matter of principle, the NNA generally does not support the use of interpreters. We expressed this to the Colorado Secretary of State’s office when they spoke with us about the issue. We urged the Secretary’s office to include fundamental protections and a safe harbor for Notaries in any rules allowing interpreters. While we did not officially support SB 23-153, we were satisfied with several meaningful protections created in the enacted bill. These include permitting a Notary to refuse to perform a notarization involving an interpreter, clarifying that a Notary can rely on an interpreter’s representations as factual, and stating that if there is a misinterpretation, the Notary is not liable for it. Interstate recognition of notarial acts One final example that has inspired the NNA in its legislative advocacy efforts is paragraph (6) of MNA Section 1-2: facilitating the cross-border recognition of notarial acts. There isn’t a more important principle that has greater impact on Notaries and notarization than this. The settled law in our country has been that each state officially recognizes the notarial acts of Notaries of sister states. And this is for good reason. It has helped interstate commerce to proliferate and grow our nation’s economy. It has allowed people to transport documents they had notarized in one state and given them confidence that they will be honored in another when needed. Now imagine the alternative. Commerce would grind to a halt. People who require emergency medical attention out of state could not rely on their healthcare agent named in their notarized medical power of attorney to carry out their wishes for medical treatment if they were unable to make these decisions themselves. People’s estate plans could be legally invalidated, requiring new documents to be drawn up and executed. But health issues and financial costs could prevent them from doing so, affecting their beneficiaries and heirs. The results would be far-reaching and potentially catastrophic. This is why during the enactments of remote online legislation during the past decade the NNA fought off legislation, such as Georgia House Bill 120 of 1017, that restricted or limited recognition of remote notarizations across state lines and advocated for bills, such as California Senate Bill 696, which officially recognized them. Tools to help you find your state’s Notary laws Each year the NNA tracks over 200 individual legislative bills in all 50 states, the District of Columbia, and the U.S. Congress. We monitor administrative rule filings across the country, important court cases affecting Notaries, executive orders issued by state governors, and official guidance published by Notary commissioning officials. You can view all the current legislation the NNA is tracking on our Notary law tracking map. Once these Notary policies become law, we summarize and analyze them by creating a new law update in our new Notary laws database. Over 1,000 new laws from 2004 to the present may be found there. The Model Notary Act is one of the keystones of the NNA’s support of Notaries. As the Notary profession continues to evolve and grow in the decades to come, the MNA will continue to serve as an important guidepost as we advocate for positive, improved new laws to support your important role in witnessing document signatures, identifying signers and preventing fraud.

Updated 10-2-23. You’ve just received your Notary commission and you’ve scheduled your first notarization. But do you still feel nervous? If so, you're not alone. Here are 5 tips to help new Notaries from our expert NNA Notary Hotline consultants: 1. Bring your Notary reference books and materials with you. Having your state Notary handbook or NNA Notary Law Primer handy can mean the difference between a smooth, first notarization and having to reschedule or stop altogether. With information on your state laws and official procedures at your fingertips, you’ll have easy access to the answers to any questions that might come up while notarizing. And if you’re unsure if you are following proper procedure, your reference books can make sure you don’t accidentally forget anything important. If you're an NNA member, you can also enter the NNA Notary Hotline number in your phone contacts so that if any questions come up during the notarization, you can call one of our consultants for help. 2. Don’t forget your seal and journal. These are vital tools of your trade — before you set out on your first assignment, be sure you have them with you. If you have an ink seal, be sure that it has enough ink to make a clear seal impression. 3. Bring blank copies of the correct Notary certificate wording for different acts. If the signer’s document doesn’t have preprinted certificate wording, or it has notarial wording from another state that you aren’t authorized to use, you will need to complete and attach a separate certificate with the correct wording to the document to complete the notarization. Having copies of the correct wording for your state’s notarial acts can save both you and the signer valuable time and avoid the need to postpone or reschedule the notarization. 4. Don’t forget a stapler. Bringing preprinted notarial wording won’t do you any good if you can’t attach it to the document. In addition to your notarial certificates, be sure to have a portable stapler. Before the appointment, make sure that it has staples. 5. Carry extra pens with you. You can’t finish the notarization if nobody has a pen, or your pen runs out of ink during the notarization. Always be sure to carry plenty of extra pens in the event a spare is needed. Good luck. 5 steps to a proper notarization My First Notarization: Notaries share their stories 5 tips for mobile Notaries to always be prepared