In the world of notarization, the role of a Notary Public is often misunderstood. Many believe it's a straightforward job of signing and stamping documents. However, the reality is far more complex, with Notaries encountering a myriad of challenges in their day-to-day work. We recently reached out to the NNA’s social media community to better understand some of the difficulties that Notaries face today, asking the question “What's the hardest thing for you about being a Notary?” The responses were eye-opening. Frankly, being a Notary isn’t easy. The following is a deeper dive into some of your more common pain points. Constantly changing procedures and rules Notaries are responsible for ensuring documents are correctly notarized according to their state’s statutory or procedural requirements. Keeping track of changing laws and rules can be tough! As one Notary noted, "Keeping up with constant (procedural) changes and rules! I do not have enough hours in the day! However, I am blessed and very thankful for my job and clients!" This comment highlights the ever-evolving landscape of Notary rules and regulations. As these regulations change, Notaries must invest time and effort in staying updated to avoid costly mistakes. Navigating tricky identification situations Another challenge Notaries often face is dealing with individuals who present expired or insufficient identification. One Notary expressed frustration, saying, "Explaining to signers why I cannot accept their expired driver’s license or the ID with their maiden name even though they have their marriage certificate as proof." It's common for Notaries to encounter signers who lack the necessary identification, leading to difficult conversations with customers and potentially having to refuse the notarization. The constant quest to build a client base For many Notaries, getting clients is a significant hurdle. One Notary shared, "The hardest thing for me has been finding leads. I have signed up with over 100 companies, Signing Services, created my business page, and distributed flyers and business cards in both NJ and PA over the past 2 months." Despite their expertise, some Notaries struggle to attract clients, emphasizing the importance of effective Notary marketing and networking efforts. Unrealistic expectations from signing companies Signing companies sometimes place unrealistic demands on Notaries. One Notary recounted, "Signing companies expecting US to do their escrow and lender jobs. I recently encountered a company that expected me to know when a loan file was completed before signing. I am a Notary Public, not a real estate agent, escrow, or loan officer. How would I know?" This highlights the need for clear communication between Notaries and signing services to ensure that each party's responsibilities are well-defined and understood. The battle against unlawful notarizations Lastly, Notaries often encounter individuals seeking to notarize illegal documents. As one Notary lamented, "People always trying to get illegal things (notarized). It's annoying: I will say no, and they keep asking. I have to break it down to them how illegal it would be." Upholding the law and ethical standards is a fundamental duty of Notaries, even when faced with persistent requests for illicit notarization. Our hats off to all the dedicated Notaries out there! The challenges highlighted by Notaries across our social media communities underscore the complexity and importance of your role. It's amazing that, despite these challenges, Notaries remain dedicated and committed with a focus on serving the public and upholding the law and public trust. If you have an insight or opinion on this topic, please view our recent post on Facebook and share your thoughts and experiences.

Updated 9-18-23. Properly verifying the identity of signers is one of a Notary’s core responsibilities. There are three primary methods of identifying signers, each with its own set of guidelines, procedures and challenges: 1. Identification Cards 2. Personal Knowledge 3. Credible Identifying Witnesses Method 1: Identification Cards Perhaps the most common way to identify signers is by using identification cards. But with hundreds of different types of government-issued IDs out there, and millions of U.S. residents lacking proper IDs, this method is not always as straightforward as it seems. Some states, including California and Florida, provide specific lists of acceptable IDs. Others provide a list of required ID elements, allowing Notaries to accept any ID that contains the required elements. For example, Texas requires an ID to be current, issued by the federal government or any state government and contain a photograph and signature. Texas also allows Notaries to accept a current foreign passport as ID, but only for notarizations related to residential real estate transactions. Other states have neither a list of specific IDs nor required ID elements, so it’s up to the Notary to decide if an ID is acceptable. In such cases, the NNA recommends following The Notary Public Code of Professional Responsibility (Standard III-B-1) when requesting identification. Method 2: Personal Knowledge Relying on “personal knowledge” means that you know the signer personally and are willing to vouch for his or her identity. All states except California allow Notaries to identify signers through personal knowledge. Personal knowledge guidelines vary from state to state. Texas permits notarizing for an individual “personally known" to the Notary but provides no additional details. Florida defines personal knowledge as "having an acquaintance, derived from association with the individual, which establishes the individual’s identity with at least a reasonable certainty.” When you vouch for the signer’s identity, you should be certain. There could be serious consequences — including the potential for criminal penalties — if you are wrong. Many states have laws as to what constitutes personal knowledge. A common rule, for example, says that the Notary should know the signer "over a period of time." In other words, you would not use personal knowledge to verify the identity of a casual acquaintance. Method 3: Credible Identifying Witnesses Many states allow you to use one or two credible identifying witnesses to identify a signer. With this method, a third party must know the signer and be willing to verify their identity, basically acting as a “human ID card” for the signer. Some states require the identifying witness to know both the signer and the Notary. Other states do not have that requirement as long as identifying witnesses present satisfactory proof of their identity, such as an acceptable ID card (Texas changed its laws in 2018 to allow the use of credible identifying witnesses who can provide qualifying ID to the Notary in addition to credible witnesses personally known to the Notary). Always check your state’s laws before accepting credible witnesses as proof of identity. Some states do not permit the use of credible identifying witnesses for notarizations. If your state allows credible witnesses, make sure to follow all your state’s requirements, such as administering an oath or affirmation for the witness. Notaries in all states are legally responsible for verifying the identity of their signers for certain notarial acts, and they can risk civil, criminal and administrative liability if they fail to properly do so. If you have any questions with regards to identifying signers, you can contact your Secretary of State’s office (or other Notary commissioning agency), or reach out to the

Updated 9-26-23. It's important to know what's required before notarizing for a minor, including whether your state allows it at all. Consulting your state's Notary law handbook or calling the NNA Hotline for answers beforehand is recommended. What if the minor has no valid form of identification, which is often the case? In addition, how do you evaluate a minor’s competence to sign the document? While it’s rare that you will be asked to notarize a minor’s signature, it does happen. Regardless of the circumstances, understanding how to proceed starts with determining if your state’s Notary laws or guidelines allow you to notarize a minor’s signature. Can you notarize a minor’s signature? It depends on where you’re commissioned. Nebraska requires a minor to have identification but permit Notaries to refuse the notarization if the Notary has a reasonable belief a minor signer does not understand what they are signing. In jurisdictions that allow you to notarize for minors, make sure you check for any limitations, restrictions or recommended procedures. Illinois, for example, requires that the minor have identification and a parent or guardian be present for the notarization. In fact, this is a good general rule for most signing situations involving minors. Indiana's state Notary Public Guide recommends Notaries to advise minors to obtain legal advice before proceeding with the notarial act. Oregon’s guidelines say minors must be competent in order to sign a document, that the Notary should ask the minor questions such as, "Do you want to sign this document?" and have minors put their age next to their signature so the receiving parties realize they are dealing with a minor. Notaries also should note the minor’s age in their Notary journal. These recommendations, which often are found in Notary handbooks or posted on your commissioning official’s website, are designed to protect you, the signers and any other party relying on the document. In states that do not provide specific guidelines for notarizing for minors, such as California, Florida or Texas, you would follow all the normal state rules for performing the type of notarization requested. The minor would need to present proof of identity following the same identification requirements as an adult signer. How do you identify a minor? In some cases, identifying a minor can be as easy as looking at a current passport, or, if they are 16 or over, a valid driver’s license. However, many minors will not have an ID. You may be able to use one or two credible identifying witnesses in lieu of an ID, provided your state allows you to use them. Must you determine a minor’s awareness and willingness? Identifying the minor is not the only issue. Many jurisdictions also require a Notary to determine that a signer — adult or minor — understands or consents to what they are signing, or allow the Notary to refuse the notarization if they do not. If you are in one of these jurisdictions, here are a few questions you might ask the minor signer: What kind of document are you signing? What will the document do? Do you want to sign the document?

INFOGRAPHIC What's The Difference Between A Mobile Notary And A Notary Signing Agent? Updated 9-26-23. Many Notary entrepreneurs are interested in offering general mobile Notary services as well as working as Signing Agents -- but they are not the same. This guide will help you compare and understand the roles of Mobile Notaries and Notary Signing Agents. MOBILE NOTARIES Requirements: Must have a Notary commission. Services performed: Mobile Notaries travel to the customer's location to perform notarizations. They may charge up to the maximum fee set by state law for notarization services. In some states, they may also charge a separate travel fee for traveling to the customer's location. Where Mobile Notaries can offer services: Mobile Notaries may offer services in any U.S. state where they hold a Notary commission. NOTARY SIGNING AGENTS Requirements: Must have a Notary commission. Some companies require background screening and certification to meet compliance requirements when performing assignments. Requires a Title Insurance License, Closing Agent License or other special licensing in certain states.* Services performed: Notary Signing Agents notarize signatures on loan documents and will travel to the signer's location to do so. They are typically expected to perform additional duties involving loan document packages during assignments, such as printing and delivering loan document packages to the signer, ensuring that all needed signatures and initials are obtained for a loan document package, and mailing completed loan document packages to the title company or lender. Where Notary Signing Agents can offer services: Notary Signing Agents are restricted from conducting business in some states.*

Updated 9-26-23. Your journal entries provide an important record of your notarizations, so it's important to get the details right. But if you make a mistake in your journal, here's what you should know. While most states either require (like Pennsylvania) or recommend (like Florida) that Notaries keep a journal, none offer specific rules about making corrections to an entry. The NNA’s Hotline consultants frequently receive calls from Notaries who have made all kinds of mistakes, including: Entering the signer’s wrong address or inappropriate ID information (Texas Notaries are prohibited from recording ID numbers or a signer's biometric information such as a thumbprint). Entering the wrong document title or omitting it altogether. Having signers write their signatures in the wrong space. Failing to obtain the signer’s signature and thumbprint (California requires the signer's thumbprint for the journal entry if the document is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property). Here are a few things to keep in mind. When the signer is still present Most of the time, you will discover a mistake while you’re completing the journal entry. Say, for example, you wrote the wrong street in the address box. The simplest way to make the correction is as follows (note: for the purpose of describing these tips, we’ll assume you are using the NNA’s Official Journal of Notarial Acts): Line through the incorrect information. Write the correct information in the same box, if there is room to write it legibly. If there is not enough space in the same box, use the box in the line below the entry. There is no rule that says you must only use one line per journal entry. You also may make a notation about the correction in the “additional information” box. If you have two or more Notary journal signers and multiple notarizations, it can be easy to get information mixed up between journal entries. For example, you're handling a loan signing for a couple and one partner signs the box for the other’s journal entries and vice versa. Cross out the signature and have the partners sign the correct signature spaces. If there isn’t enough room for the signers to sign the correct entries — if, for example, you’re a California Notary and the signers also have placed their thumbprints in the wrong spaces, then correct the other line entries (Name and Address of Signer column, Identification of Signer column, etc.) to make them match. Note an explanation in each journal entry. If the resulting corrections will render the entries illegible, then start over and create new entries. It is better to be legible and correct than illegible. When the signer has left What happens if you discover a mistake after the signer is long gone? If your state requires you to record the signer’s ID number in the journal, for example, but you forget, you can try to contact the signer to see if they will give you the information, but that may not be possible in many instances. If you are unable to reach the signer to obtain the information, your best course of action is to note the omission and circumstances in the “additional information” box of the journal entry. Do's and don’ts If you rush the process of completing journal entries, you’re more likely to make a mistake. So take your time and make sure to record all the information correctly. It also can help to double-check an entry. Don’t use correction fluid or tape to cover over a mistake and then write on top of it. The fluid or tape could come off. Don't make journal entries in pencil or with an erasable pen, because this would leave your journal information vulnerable to being erased and tampered with. If you discover a mistake sometime later, don’t cross out the entire entry and make a new one. Many states have laws that require the entries to be in sequential order, meaning they must be recorded chronologically. The Notary Public Code of Professional Responsibility recommends entries be made at the time the notarization was performed. If you make a new entry, it is likely to be out of order. If the notarization is called into question, the fact that your journal entry is out of order could damage your credibility in any legal proceeding.

Updated 9-26-23. It's easy to make a mistake when notarizing which can lead to lawsuits. Notaries should never skip proper procedures, even if a signer demands it. Following the recommended practices below greatly reduces your chances of getting into legal trouble: 1. Always require personal appearance 2. Master identification requirements 3. Avoid pressure to rush notarizations 4. Scan and complete the Notary certificate properly 5. Know how to handle emotional signers 1. Always require personal appearance Before you can notarize someone’s signature, the signer must personally appear before you. Almost every state defines that as face-to-face, in the same room. That’s the only way you can verify that your signers are who they say they are, signing of their own free will and fully aware of what’s happening. [Note: A number of states have enacted rules for remote online notarizations. For more information, please see our Remote Online Notarization FAQ. You can also visit our NNA Knowledge Center Remote Notarization information page for more details.] Newer Notaries are often tripped up by this requirement, especially when a signer asks them to make ‘just one exception’. But you need to stick to your guns. Be pleasant and straightforward when you tell your client that all signers must appear in person, at the time of the notarization, and not before or after — but be firm. An Important Message For Notaries. (Updated 9-26-23) Notaries may receive requests from customers asking you to bend the rules due to COVID or other health issues to accommodate signers who can't be physically present, lack ID or otherwise asking you to ignore proper procedures. Remember that you must still follow all requirements of state law when notarizing. Ignoring proper notarization procedures invites the risk of fraud and serious potential civil and criminal penalties. If you aren't sure about a signer's request, please contact your state Notary agency or the NNA Hotline for assistance. 2. Master identification requirements Most states provide guidelines on what constitutes acceptable ID from a signer, so make sure you’re familiar with them. Some states, like Florida and California, list the specific identification documents Notaries may accept in state law. Other states permit Notaries to accept any ID that meets state requirements — for example, Texas allows Notaries to accept an ID issued by the federal or any state government that is current and includes the person's photo and signature. Check your official Notary handbook, if your state publishes one. NNA members also can check the online U.S. Notary Reference Manual. Once you’re clear on which IDs you may accept, always be careful during notarizations to confirm the information on the ID matches your signer’s description — such as eye color and height. And be alert for any discrepancies. Take your time. The NNA Hotline is available to help with any questions. 3. Avoid pressure to rush notarizations Even experienced Notaries can get rattled when asked to notarize a large number of signatures by a signer or employer who’s stressed and in a hurry. But when you rush, it’s easy to miss a basic step that can invalidate the notarization and even lead to legal or financial consequences later on. “Make sure you do not allow signers to hurry you at any point,” advises Arizona NSA Kathy Fletcher, the NNA 2013 Notary of the Year. “As a Notary you must be in control. I always check each document after each page is signed and once again before I leave the signer’s location. This universally decreases errors.” 4. Scan and complete the Notary certificate properly When completing the certificate, make sure all the details are correct. You also should scan the document in order to: Check for blank spaces. Some states mandate there are no blanks on a document and other states just strongly recommend it. Note any details (such as the document title) that your state requires recording in your journal entry. Scanning the document does not mean reading it for details. Just glance over it sufficiently to get the information you need. 5. Know how to handle emotional signers Many notarizations can involve stressful situations, especially if the documents involve major financial transactions for your signers — such as deeds, mortgages, trusts and powers of attorney. Any little glitch or speed bump can make signers upset. While that’s understandable, if the signer is not aware or able to communicate clearly, you have no choice but to refuse to complete the notarization. Some may become upset and frustrated by your refusal. “When I get rude or anxious clients, I immediately put a calming strategy in place,” says Laura Biewer, an NNA seminar instructor and a traveling Notary. Among her tips: Slow down and allow several minutes to settle in and getting everyone comfortable. Listen more than you think you need to, make eye contact and smile often. Acknowledge your client’s emotions by saying something like, “I understand how this makes you feel.” Be extra sensitive to the stresses that they may be experiencing. Paying close attention to your signer and communicating calmly and openly about any confusion can allay anxieties and ensure a successful and pleasant appointment.

Updated 9-12-23. If you want to launch a new Notary business or you are an experienced Notary seeking to reinvent yourself, building your personal brand is vital to your business success. What used to be known as your “reputation,” now goes far beyond classic face-to-face interaction. Personal branding is how you present yourself to the world around you, both online and offline. It is who you are, who you want to be, and who you will be perceived as in the professional world. Your personal branding strategy will end up being the image and message you send to your current and potential customers. It should entice people to do business with you and show them how different you are from your competitors. Your Notary brand starts with you What is your purpose? How will you make your Notary business stand out among your competitors? Think of who you want to be as a professional and ask yourself questions like: What defines you? What are your business values? Who are your customers? How do you want clients to remember you? Will you be just an NSA? Or a mobile Notary who provides a variety of notarial and non-notarial services, such as field inspections, I-9 forms completion and general Notary work? Once you've answered these questions and have an idea of who you want to be, the journey to creating your brand and business begins. Here’s where to start building your Notary brand Your personal branding will be the foundation of your business. Here are four steps you can follow to set that groundwork: Take a professional headshot If you want to be a Notary professional, you must look the part. Your headshot should capture you as a smiling, well-dressed individual who is approachable and competent. This headshot can go on your website, social media profiles and marketing materials. Create an online presence It’s essential to use social media platforms — in conjunction with your website — to boost yourself and your business. Social media can help you reach and build new fans, expand your community and build relationships with customers and like-minded peers. It’s also where you can proactively build and promote your personal brand. Social media sites you should have in your strategy include Facebook, LinkedIn and Twitter. Act like a professional in every way Customers, new or returning, will look at how you carry yourself online and decide whether they want to do business with you. For example, if you receive a negative review and respond defensively, customers will walk away and look for Notary services elsewhere. Always carry a positive, helpful attitude and keep it professional. When your personal brand is professional and inviting, customers and peers alike will gravitate to your business. This can also lead to potential referrals. Be authentic The way you interact with clients must be consistent all around. Be genuine and most importantly be you. Become a resource to your customers through your services. If you can’t perform a notarization request due to a conflict in scheduling, refer a fellow Notary. Clients will be appreciative when you offer a solution and see that you’re always willing to help. Creating a personal brand doesn’t happen overnight. However, remember it will be the base for your long-term success. Be confident in how you carry yourself and stay true to your business values. Strive to make a lasting impression that not only retains your customers, but allows your business to flourish.

Updated 9-12-23. Notaries can be sued at any time — even when notarizations are performed correctly. It's crucial you follow these 4 steps to reduce any liability and damages should a complaint ever be filed against you. 1. Contact your bond or E&O insurance carrier. Don’t wait. Immediately contact your insurance carrier if you have an E&O policy. They will handle the case. Many policies require an insured to notify the carrier of a claim or lawsuit within a certain number of days in order for the claim to be covered. 2. Locate your journal and be sure to document events. Your journal contains key evidence that your attorney will use to help your case. It shows that you adhered to laws and best practices, and your attorney will want to have a copy of the journal entry for the notarization in question. It’s also a good idea to document the notarization independently from your journal, recalling details including those present, the location, dates, timelines, circumstances, and anything else pertinent. And collect copies of documents and related records. This will help when your surety carrier or insurer asks for a statement. 4 Steps To Take If A Claim Is Filed Against You Download the PDF 3. Don’t talk to opposing counsel. If contacted by an attorney other than your own, do not say anything regarding the notarization in question or refer the opposing attorney to your insurance company. And never initiate contact with opposing counsel. Your statements are ammunition for the opposition to use against you, and you should only communicate with your own lawyer or with the bonding or insurance company’s representative. Disclosing information could harm your chances of resolving the claim free of financial loss. Simply refer all questions to your attorney. 4. Cooperate with your attorney. Your attorney is an expert on Notary claims and is working on your behalf. It’s in your best interest to fully cooperate and supply them with accurate, relevant information. The more you cooperate and disclose, the more likely it is that your attorney can prevent any financial loss.

Updated 9-12-23. There are strict guidelines for Notaries to follow when entering a correctional facility to meet with a signer. Knowledge and preparation beforehand will save you time and avoid delays. Be sure to ask if the signer has acceptable ID One very important thing to be aware of is that inmates at correctional facilities typically have to surrender all their normal forms of identification — such as driver’s licenses — when they are incarcerated. This can be a problem if you show up for the notarization and the signer can’t produce satisfactory evidence of identity — and prison officials don’t always permit alternatives such as using credible identifying witnesses. If you’re asked to notarize for a signer at a correctional facility, be sure to ask prior to the notarization if the signer will be allowed to use an acceptable form of identification. Signers in custody at a correctional facility or jail may not have access to common forms of ID such as a driver's license. Arizona permits Notaries to accept an inmate identification card issued by the Arizona Department of Corrections (ADC) as proof of identity for signers in ADC custody, any form of inmate ID issued by a county sheriff if the signer is in the sheriff's custody or an inmate identification card issued by the federal Bureau of Prisons for a prisoner in federal custody. California allows Notaries to accept an inmate identification card issued by the state Department of Correction and Rehabilitation for inmates in custody at a prison or an inmate identification issued by a sheriff’s department for an inmate in custody at a local detention facility. Florida permits Notaries to accept an inmate ID card issued by the U.S. Department of Justice or Bureau of Federal Prisons for an inmate in federal custody or an inmate identification card issued after January 1, 1991, by the Florida Department of Corrections for an inmate in the custody of that department. Florida also allows Notaries to accept a sworn, written statement from a law enforcement officer as proof the inmate named in the document is the person whose signature is to be notarized. If the signer won’t have access to a driver’s license or other acceptable forms of identification, check in advance if the facility will allow the use of credible identifying witnesses or another acceptable method of identification — not every facility allows the use of guards or staff as credible witnesses when an inmate needs a signature notarized. Also remember that some states, such as Texas, may require a credible witness to either be personally known to the Notary or to provide proof of identity if the credible witness is not personally known to the Notary. Be prepared for additional security measures when meeting with the signer A prison or jail may restrict the items you can bring with you before meeting with the signer. For example, bags or purses may not be permitted when you meet with the signer, or the facility may inspect and approve your seal and journal before the notarization. Again, it’s a good idea to contact the facility prior to the notarization and ask about restrictions on items you can bring with you, dress code and behavior rules for visitors, and any other special rules and restrictions you will need to follow during the notarization. Interaction with the signer may be restricted When notarizing at a jail or correctional facility, be aware that your access to and interaction with the signer may be limited. In states that require you to complete a journal entry, such as California, this can make obtaining the inmate's signature or thumbprint more challenging. For example, you may have a sheet of Plexiglas or another barrier between you. You might not be allowed to hand a pen or journal to the signer directly but may be required to give them to a guard who will hand them to the inmate. You’ll want to protect the privacy of unrelated journal entries when you hand off the journal to the inmate to sign, so be sure to attach a cover or privacy guard to cover previous entries before handing the journal to the guard. Also, be aware that your entire interaction with the inmate will be watched closely by one or more guards and your every word and move will be recorded on video. Follow your state’s Notary laws It can be challenging to get a document notarized for an inmate signer. A customer might ask you to notarize a signature outside the presence of an incarcerated signer, or request that you waive normal identification requirements because the inmate lacks access to a proper ID. Always remember that as a Notary, you have a responsibility to follow your state’s Notary laws. Never skip essential steps for notarization such as personal appearance or following your state laws regarding signer identification.

By David Thun on September 11, 2023 In the past few years, Notaries have faced a global health crisis, a nationwide business shutdown, a slowing real estate market and major changes to the way technology is used for notarizations. By taking our 2023 Notary survey, you can help us get a better picture of what your Notary work and business prospects look like and how the Notary community is doing across the country. Thank you for your participation, and we look forward to your feedback!

Notary Basics: Avoiding the unauthorized practice of law Updated 8-29-23. A Notary is not a lawyer. In fact, it is against the law for Notaries who aren't attorneys to provide certain kinds of advice and services. This is known as Unauthorized Practice of Law (UPL) and can carry serious consequences for a Notary, including hefty fines, loss of commission or even conviction for a criminal offense. It’s crucial to know what services fall under the unauthorized practice of law — and how to avoid them. What is the unauthorized practice of law? The unauthorized practice of law means offering legal services without being licensed as an attorney. Statutes, court opinions and ethics rulings from the state bar often define legal services in the following ways: Giving advice about a document a customer needs. Recommending the type of notarization required. Offering an opinion about the legality or effect of a document. Only attorneys licensed by the bar in a particular state may perform these services, nonattorney Notaries may not. Avoiding unauthorized practice of law To help you avoid UPL, The Notary Public Code of Professional Responsibility provides the following list of services Notaries are NOT allowed to offer customers: Notaries may not choose the particular document a customer may need for a transaction. Notaries may not choose the type of notarization or certificate wording for a given document. The customer must decide. Notaries may not prepare a document or give advice on how to fill out, draft or complete a document. Notaries may not provide legal advice or answer questions about a legal matter. And no person may represent someone in court or a legal proceeding, or charge and collect a fee for such representation unless they are licensed to practice law in that state. How Notaries may advertise Notary services One of the more publicized examples of UPL involves bad actors who advertise as Notarios Publicos, pretending to be qualified immigration law professionals when they actually aren’t. They do this to scam unsuspecting immigrants into paying large fees for bogus services. Notaries in many other countries, including Latin American nations, have legal training and credentials similar to attorneys in the U.S. They may draft and archive documents, advise parties to the legal effect of a transaction, serve as mediators or arbitrators and issue judicial opinions. In order to combat so-called “notario” scams, Notaries in most states are prohibited from using the misleading phrase “Notario Publico” in their ads. Furthermore, many states require Notaries to post a written notice explaining they are not attorneys licensed to practice law, cannot offer legal advice or accept fees for legal services. For example, Texas Notaries who are not attorneys are required by law to include the following disclaimer when advertising in a foreign language: “I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice.” The disclaimer must be included in the foreign language and also in English. California and Florida require Notaries who advertise in other languages to post a disclaimer in English and any other language the Notary advertises in stating the Notary is not an attorney and cannot give legal advice. California also prohibits immigration consultants who are also commissioned Notaries from advertising Notary services in any marketing materials. Consult your state Notary laws to see if you must include a specific disclaimer in your advertising. How Notaries can assist signers without offering legal advice While you must never offer legal advice or services, here are some ways you can assist signers without engaging in the unauthorized practice of law: Set appropriate expectations with signers by explaining what you can and cannot do as a Notary. While you may describe to signers the types of notarial acts and certificates — such as the difference between acknowledgments and jurats — the signer must always choose which act you will perform​ for them. Don't choose for the signer. Refer signers to the receiving agency of a document or an attorney if they have questions, so they can receive proper instructions or advice. Rules For Nonattorney Notaries Who Work With Immigrant Clients Never use the words "notario" or "notario publico" in your advertisements, or on your business cards, website, social media postings or storefront. When required by law, include a disclaimer in both English and the foreign language in which you are advertising, explaining exactly what you are and are not authorized to do. Include your specific fees in your advertisements in English and the foreign language. Know what type of immigration assistance services you are allowed to provide.

Updated 8-29-23. Notaries sometimes encounter situations or 'gray areas' such as having to question a signer's mental state or reject a request that seems suspicious. When your state laws don't fully address such situations, take these precautions. If you suspect Notary fraud There are occasions when something seems off about a notarization, even if the signer has satisfactory proof of identity and seems willing to sign. Your suspicions could be raised by something as simple as the document’s title, or the odd behavior of someone present for the notarization. State laws and guidelines don't always provide specific guidance or procedures to evaluate whether a notarization is suspicious or not. But there are a few things to keep in mind to help you determine if something’s amiss: If a signer’s mental state or behavior raises concerns, engage the signer in a casual conversation. If the signer cannot coherently engage in conversation, you may decline to continue with the notarization. If your state laws do not specify otherwise, this should be sufficient to decide whether you can continue the notarization. Some states, however, require Notaries to refuse a notarization if the signer does not understand the nature of the transaction requiring a notarial act. For example, Florida law specifies that Notaries may not notarize a signature on a document if it appears that the person is mentally incapable of understanding the nature and effect of the document at the time of notarization (FS 117.107[5]). Florida Notaries are also prohibited from taking an acknowledgment from or administering an oath to a person if the Notary knows the person has been declared mentally incapacitated by a court of competent jurisdiction (FS 117.107[4]). Texas authorizes Notaries to refuse to proceed if the Notary has reasonable grounds to believe that the signer does not have the capacity to understand the contents of the document (1 TAC 87.42[a]). If you suspect a signer is being forced or coerced by a third party, ask the third party to wait outside the room while you speak to the signer alone. If the signer is still willing and appears to clearly understand the document’s purpose, you may proceed. If the signer is unwilling or seems confused or unclear about the purpose of the document being signed, stop the notarization immediately. Employer notarization requests that may be illegal or unethical Another tough situation many Notaries face is employer requests that conflict with what your state allows. Some employers mistakenly assume that if they pay for your commission and tools, they may direct you to ignore your state's requirements. If your employer makes a request for you as a Notary Public, ask yourself the following questions: Is the request legal in my state? If an employer asks you to do something clearly prohibited by state law — such as ignoring ID requirements, backdating a notarization or falsifying a journal record — your duty is to refuse. But there are other situations that aren’t addressed in every state’s statutes. For example, what if you are told to only notarize documents for customers but not noncustomers during business hours? California allows employers who pay for a Notary’s commission and supplies to limit the Notary’s transactions to work-related notarizations during business hours — but only if the Notary agrees to do so. Iowa prohibits a Notary’s employer from restricting Notary services based on whether the signer is a customer or noncustomer of the employer. If state Notary law doesn’t specify Notary-employee services, an employer does have a right to direct a Notary-employee during business hours. Florida, Oklahoma and Texas allow employers to limit the notarizations employees perform at work. However, Arizona, Hawaii, Iowa and Massachusetts do not allow employers to restrict employees from notarizing for non-customers (except for Hawaii Notaries in government service). Is the employer’s request taking place during business hours? Some employers have tried to prohibit Notaries from performing notarizations outside of business hours. While in most states an employer may dictate when a Notary-employee may perform notarizations while on the job, outside of business hours, a Notary may perform any lawful, reasonable notarization requested by a member of the public