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

FAQ: The difference between a 'living will' and a last will and testament Updated 8-29-23. You may be asked at some point to notarize either a “living will” or a last will and testament. While the names are very similar, these two types of documents have completely different purposes. Here are answers to frequently asked Notary questions about the difference between “living wills” versus “last wills and testaments.” How is a ‘living will’ different from a ‘last will and testament?’ A “living will” is a written statement concerning an individual’s medical treatment wishes in the event the individual’s health prevents them from making those decisions at the time of need. A “last will and testament” is a document providing instructions for the disposition of a signer’s estate after the testator’s death. Depending on state law, it may also address other matters such as the disposition of the deceased’s remains and guardianship of the testator’s children. Thus, a “living will” operates during a person’s life, while a “last will and testament” takes effect upon the testator’s death. Are there any special rules when notarizing a ‘living will?’ No, a “living will” may be notarized like any other document. While often there are statutory rules for the execution and even notarization of a last will and testament, this is not the case with a living will. Of course, all practices required by law, such as the signer appearing in person before the Notary and being positively identified, should be followed. Can a last will and testament be notarized? It depends. A last will and testament is a complex document, and Notaries must be cautious when asked to notarize one. In some states notarizing a last will and testament is not required by law, while in others it may be one of several witnessing options. Notarization alone will not satisfy a signing or witnessing requirement if a specific procedure required by law for signing the last will and testament is not followed. A Notary who is presented with a last will and testament should notarize it only if clear instructions and an appropriate notarial certificate are provided. Even if a last will and testament is not notarized, state laws may authorize certain last wills to be made “self-proving” if affidavits of the witnesses to the signing and the acknowledgment of the testator are notarized. Any Notary may notarize these affidavits and acknowledgments. What should I do if a signer has questions about notarizing a living will or a last will and testament? Ideally, a signer should obtain directions from an attorney before requesting notarization of a living will or a last will and testament, since the slightest variance from state law may invalidate these documents. For example, some handwritten last wills may be invalidated if notarized. Notarization by itself does not make a ;last will “legal” or “valid” and it is important that Notaries not offer advice regarding preparation or the legal effects of a last will. A Notary may not determine the type of notarial act or certificate required for a last will and testament, even if asked to do so by the signer. These questions should be referred to an attorney.

Updated 7-25-23. Whether you market your mobile Notary or Signing Agent services through a website, Facebook or online directories such as FindaNotary.com or SigningAgent.com, each week there are companies looking for profiles of mobile Notaries who fit their needs. And when they see your profile photo, it speaks volumes about you. A good photo could be all it takes to set you apart from the competition. After all, pictures are worth 1,000 words. While going to a professional photographer is best, if you’re trying to keep your expenses at a minimum, these five tips will help you take a great do-it-yourself headshot. Don’t mistake DIY for taking a “selfie” though. You’ll need to have a friend, family member or colleague behind the camera. What to wear to make your Notary profile photo stand out Head to your closet and find the professional outfit you feel the most comfortable and confident wearing. Being in comfortable attire will help you relax in front of the camera. Try to avoid white shirts, busy patterns or large stripes because they can be distracting and the focus of the photo should be your face. With hair & makeup, less is more for professional Notary photos Keep it simple, natural and tidy. Professional headshots aren’t supposed to be glamorous, so ladies, leave the shimmery eye shadow and bold lipstick on the counter. Gentlemen, this one is important for you, too. Go to the makeup aisle at the store and look for translucent face powder. Whatever the lighting situation may be, our faces and ears all get a little shiny and the powder will help you look calm, cool and collected. Keep jewelry & accessories simple Again, keep it simple. Whether it’s a watch, bracelet, necklace, earrings or another accessory, choose something very small that won’t look dated in a few years. Another thing to keep in mind is that jewelry will catch and reflect light, so make sure you find the right lighting or choose a different accessory. Remember to smile confidently Smile like the successful, professional public servant that you are. You’re comfortably dressed for success, and your facial expression should be an extension of your confidence. Tips for cropping your Notary profile photo A professional, executive style headshot is generally a close-up from the shoulders up, but some people prefer cropping the photo from the elbows up. Try cropping your photo in a few different sizes to figure out which one you prefer and which one looks best online. Most smartphones and tablets have cameras with high-resolution options and cropping tools to make it easy. If you’re using a digital camera or other device without editing tools, there are a lot of free tools online like Pixlr​ that will help you make these simple edits. Now that you have a photo that represents you well, update your profile on SigningAgent.com. Please let us know in the comments if you start getting more work in the coming weeks.

While interest rates remain high, competition in mortgage finance remains fierce, and deal flow is still lower than most industry professionals are comfortable with. Despite this reality, there are strategic things you can do to increase your personal earning potential by leveraging your existing skill set and your understanding of the mortgage process. That’s why many mortgage industry professionals are considering becoming a certified Notary Signing Agent. There is work out there, and the industry won't be in this state forever, so here are the key points to consider: Expand your services: As a mortgage professional, you’re already familiar with loan documents and the whole process needed to close. Serving as an NSA, you’ll become the critical final link between the banks and the borrower to complete the loan. Expanding your services enables you to say “yes” to a whole new type of business opportunities. Increase your income: NSAs earn fees for both Notary-based and mobile services, which can be a steady and lucrative source of income. There’s high demand for experienced NSAs and you may be able to charge a premium based on your deep industry experience. A bonus is that you can choose to handle general Notary requests from the public by offering mobile Notary services. Improve your value: By becoming a Certified NSA, you’ll demonstrate your dedication to understanding all facets of the mortgage lending process. This can help set you apart from others in a competitive market. Becoming an NSA adds to your marketable skill sets and increases your value as an independent contractor. Improve your skills: NSA training covers a range of topics, including the proper execution of real estate documents, handling sensitive client information, and managing the closing process— knowledge and skills that you already have. The NSA training covers the do’s and don’ts from the Notary’s perspective ... and there may be some don’t-do’s that aren’t on your radar. Enjoy a flexible schedule: NSA work typically functions as an on-call service. That allows for a high degree of professional flexibility and work-life balance. You can easily set your own schedule and work as much or as little as you like. Help your community: If you value helping people in need, becoming an NSA is a powerful service. Many underserved groups need notarization services but cannot afford them, including the elderly, the homeless, the disabled, and college students. Providing occasional pro-bono services for them is a great way to support your community and build a reputation of trust and goodwill.

While relief efforts on Maui continue amid the disastrous wildfire that decimated the historic town of Lahaina, the focus will soon shift to recovery and rebuilding. In the months to come, Notaries will be on-task to help victims navigate the complexities of rebuilding their lives, properties, and businesses. It will be a lengthy, cumbersome, and difficult task. To make matters more challenging: Many local Notaries themselves were among the victims and are dealing with their own losses. So the National Notary Association has offered to replace Notary supplies destroyed in the wildfire at no charge, like official seal stamps, notarial certificates, and journals. The full scope of the loss of life and property remains undetermined, but its impact on thousands of people and businesses is clear. Individuals, families, and business entities will all be seeking remedies in a variety of areas, which will include piles of documents requiring notarization. Some of them include: Proof of Ownership and Insurance Documents, like deeds homeowners’ insurance policies, and property damage assessment reports. Replacement of Identification and Legal Documents like government-issued IDs, Social Security cards, and birth certificates. Financial Documents like mortgages, loan agreements, contracts, bank statements and proof of income and employment documents. Estate and Trust Documents including wills, living trusts, powers of attorney and advance medical directives. Business Documents including business licenses and permits, articles of incorporation, and operating or partnership agreements. Insurance and Claims Documents like claim forms, proofs of loss and inventories of lost or damaged items Real Estate and Property Documents like building permits and zoning approvals, architectural plans and blueprints, and land surveys

One of the biggest challenges for Signing Agents and mobile Notaries is marketing yourself to find steady business. That’s why it’s essential to have a Google Business Profile because it is one of the most powerful tools to increase your visibility online and get more customers. And the best part is it won’t cost you a penny! Potential customers search online for ‘Notary near me’ every day. A Google Business Profile will help customers find your Notary business because: You can be found easily by customers searching for a Notary You can advertise your Notary business without cost You can share customer reviews to gain trust in your Notary business You gain round-the-clock visibility with potential clients and customers You build local authority and reputation as a legitimate Notary business You increase search visibility and reach for your business You create more income streams for your business 1. A Google Business Profile lets customers easily find your Notary business A Google Business Profile gives your Notary business an edge over competitors because it makes you easy to find when someone searches “Notary near me.” With an optimized Google Business Profile, you can be on the first page of search results to get more customers. It also helps potential customers learn more about your Notary services and contact you quickly if they need assistance. 2. There’s no cost for advertising your Notary business with a Google Business Profile Creating a Google Business Profile account is 100% FREE! Adding your website and phone number will help you get more calls and clicks without spending extra budget for advertising. If you have joined the new FindaNotary.com nationwide Notary database, you can use your profile page as your website on your Google Business account. 3. A profile will help you build a good Notary reputation through customer reviews A strong reputation can put your Notary business ahead of the competition. Use Google My Business as a platform to collect customer reviews that show potential clients how helpful and professional you are while providing Notary services. Asking customers to post reviews on Google Business Profile is an effective way to build credibility and attract new customers who feel confident working with someone who has positive reviews from others. Positive reviews are valuable marketing assets. 89% of consumers read reviews before deciding to purchase, so utilizing reviews to gain visibility to your Google Business Profile is essential. 4. A profile gives you round-the-clock visibility with potential clients and customers Your Google Business Profile is visible 24 hours a day, 7 days a week for anyone searching for Notary services you provide or looking for contact details to book an appointment with you. This type of access is invaluable since it allows prospective customers to reach out whenever needed - no matter what time of day or night it may be! 5. A profile will help your Notary business build trust and get more customers People tend to trust businesses that have established themselves within their immediate vicinity rather than those from far away locations. Having a Google Business Profile will demonstrate that you have a legitimate business that provides quality services in your community. This will give you the advantage over similar services offered by competitors so you can get more business. 6. A Google Business Profile increases your search visibility and reach for your Notary business If you know what you should be doing, you can be found on the first page of Google in what’s known as the “Google Three Pack.” This is the first page someone searches when searching for a ‘Notary near me.’ Creating an effective Google Business Profile page will allow prospective clients to see your information when searching for a Notary business. Having a complete Google Business Profile containing all of the necessary information for them to choose to do business with you will ensure more security in getting your business to the next level. 7. A profile can create more income streams for your business By having an online presence through a Google Business Profile page, potential clients can learn more about what types of Notary services you provide, such as loan signings, general Notary work, apostilles, etc. Additionally, you can attract target audiences by maximizing all areas available through Google Business Profile, such as optimization for specific search keywords related to Notary work, including posts related to new services you offer or any other updates about your business to help create additional revenue. In conclusion, setting up a Google Business Profile is necessary for Notaries If you want to take advantage of cost-free advertising to create more income for your Notary business, watch this free training with tips for setting up your profile. Click here to learn more about Google Business Profile! Mark Wills of Loan Signing System is a Notary educator, a mentor to more than 4,000 Notary Signing Agents and a Forbes Real Estate Council Member. For more information on how to market your loan signing agent business, please visit loansigningsystem.com.

Almost every state requires Notaries to use an official seal when notarizing physical documents. Traditional seals typically come in two formats — ink stamps and embossers. Here’s the difference between ink stamps and embossers and each state’s requirements for the seal you may use. A typical ink stamp and the stamped imprint.Notary ink stamps Ink stamps are the most commonly used type of Notary seal. These rubber Notary stamps leave an inked imprint with Notary information, such as the Notary’s name, commissioning state or date of commission expiration. The official seal imprint’s shape, size and information depend on the laws in the Notary’s commissioning state. Notary embossers Embossers are metal clamping devices. Instead of leaving an ink imprint, a Notary embosser “crimps” a document, creating a raised physical impression displaying Notary information on the paper. A side-by-side comparison of a plain embossed seal impression alongside its inked counterpart. While visible to the naked eye, the impression made by an embosser won’t be visible on a photocopy unless ink or another method like colored foil is added. Many states that allow Notaries to use an embosser also require making the embossed impression photographically reproducible. As with ink stamps, the shape, size and information needed for an embosser depends on the laws in the Notary’s commissioning state. What about electronic Notary seals? Notarizing electronic documents may require an official electronic seal, which uses technology very different from traditional physical ink stamps and embossers. To find out more about electronic Notary seals and the forms they can take, please read “Understanding Notary technology: eSeals, eSignatures and digital certificates.” Which type of Notary seal can I use? Each state has rules for what type of official seal Notaries must use. Some require ink stamps, some allow using either an embosser or an ink stamp, and a few even make use of an official seal optional. Below, we’ve provided a chart listing traditional Notary seal requirements for each state and the District of Columbia. Traditional Notary seal requirements for U.S. states and D.C. Ink stamp only states States allowing ink stamp or embosser States requiring ink stamp, additional embosser optional No ink stamp or embosser requirement Discover the Notary seal requirements for your state Select Your State Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming Related Articles: Would you like more information about Notary ink stamps and embossers and how to purchase one? Please visit “Everything You Need to Know About Your Notary Seal Stamp or Seal Embosser.”

By Judith Lawrence, Guest Contributor on August 16, 2021 Updated 8-21-23. Mobile Notaries across the country constantly look for ways to grow their business. One of the ways they do this is by adding services. One of the new services they can add is apostille services. This service fits nicely with a Notary business because customers often ask Notaries to provide apostilles. While Notaries cannot issue apostilles — only an authorized state agency can do so — you can earn extra income by assisting customers in getting their documents in the correct form to be accepted by the agency that issues apostilles. There are a number of elements you need to understand as you consider adding this service to your business: What is an apostille What is an apostille agent? What are Some of the Functions of an apostille agent? How much can I charge for apostille services? What are the benefits of becoming an apostille agent? Important facts about obtaining apostilles What is an ‘apostille’? In the modern world, countless documents are signed and sent between countries, many of them notarized or including the signature of some other public official. The challenge for individuals receiving the documents is knowing whether the Notary’s signature is legitimate. An apostille is a certificate issued by a government agency verifying the authenticity of the signature of a Notary Public or other public official. In other words, an apostille confirms that the seal and signature of the Notary on a document is valid, and the notarization can be accepted by the receiving agency in the foreign country. They are specifically used for documents going to the 156 countries that are signatories to the Hague Apostille Convention. Documents sent to countries that are not part of the Hague Convention may require additional certification from the U.S. Department of State. What is an ‘apostille’ agent? An apostille agent assists customers in obtaining apostilles or authentications. However, it’s important to make one thing clear: You (the Notary) do not issue apostilles or attach them to documents. That is the role of the state agency authorized to issue apostilles, usually the Secretary of State’s office. Only an authorized government agency can place the actual certificate of apostille on the document. But an apostille agent can provide other valuable services to assist customers in need of apostilles, as described below. What are some functions of an ‘apostille agent’? Apart from notarizing the signatures on a document, an apostille agent can provide a variety of services. For example, an agent can provide courier services to deliver notarized documents requiring apostilles to the appropriate agency. This might entail sending the notarized document, a check for the processing fee, the apostille request form and a return mailing label to the apostille-issuing agency on the customer’s behalf. The agency would then process the request, attach the apostille and mail the document with the apostille back to the Notary or the customer. Apostille agents also may contact the issuing agency on the customer’s behalf to request instructions related to obtaining an apostille. For example: You might be asked to find out if the agency requires the customer to submit the original notarized document, or if the customer can provide a certified copy of the document instead. Please remember that not all states authorize Notaries to certify copies of documents, and Notaries are never allowed to certify copies of vital statistics documents such as a birth certificate, a death certificate, a marriage license or a divorce decree. You also may be asked to confirm with a state agency if they will issue an apostille for a document notarized using remote notarization, or other details such as if the document requires translation, a cover page, or contacting a federal agency to ask if the receiving country will require additional documentation. How much can I charge for ‘apostille’ services? Because apostille services are not part of your duties as a Notary, the fees you charge are not limited by your state Notary laws. As such, you may set your fees for those services at your discretion. You should consider the following factors when deciding what to charge: How many documents you are sending for processing and what are the state fees; Where the documents are being sent for processing; What kind of shipping costs you are incurring; and Whether you are asked to provide expedited service. Remember that fees you charge for apostille-related services (such as submitting documents to the issuing agency on a customer’s behalf) should be charged and recorded separately from your fees for notarial acts, which are regulated by your state’s Notary laws. Like any new business service you decide to offer, there is a learning curve with becoming an apostille agent. However, it can be profitable and enjoyable. What are the benefits of becoming an ‘apostille’ agent? In my experience, becoming an apostille agent affords you several benefits. It complements traditional Notary businesses very well. You will have numerous opportunities to offer apostille business services to your existing customers. I do quite a bit of general notarization work and never miss a chance to tell a client that I am also an apostille agent. Often that client has never heard of an apostille. I explain what it is, give them my business card and wait for the phone to ring — and it has. It’s very easy to offer apostille agent services as either a part-time or full-time business because you have a flexible schedule. If you work out of a specific location, you can arrange appointments to accommodate your own schedule. If you are a mobile Notary, you may want to charge a travel fee to go to the client to pick up the documents and deliver them back to the client. Many Secretaries of State are now accepting documents for apostilles that have been notarized using remote online notarization (RON). If you are authorized to perform RONs, you might remotely notarize documents, then also offer services sending and delivering remotely notarized documents requiring apostilles to issuing agencies for your clients. Important facts about obtaining ‘apostilles’ Here are important details about apostilles you should know if you want to offer apostille agent services: Every apostille is issued by the government agency (usually the Secretary of State’s office) in the state where the document ORIGINATED. For example, let’s say our client went to school in California, now lives in Pennsylvania and needs an apostille for his California school diploma. Because the diploma was issued in California, the apostille must be obtained from the California Secretary State’s office. The destination country may affect whether the customer needs authentication documentation instead of an apostille. In 1961, many countries joined the Hague Convention, which allows expedited authentication of documents sent between member nations. Most countries in the world are members of the Hague Convention, but some are not. If the destination country is NOT a member of the 1961 Hague Convention, the document may require additional paperwork from the U.S. Department of State in addition to the apostille. In some instances, a client may also want you to present the documents to an embassy of the destination country on their behalf. So you will need to ask clients several important questions: What is the type of document(s) Where did it originate (STATE OF ORIGINATION); and Where will it be going (COUNTRY OF DESTINATION) If you decide to add being an apostille agent to your business, it can be a profitable and enjoyable line of work. Judith Lawrence is a Notary, educator and apostille agent, and is the author of the upcoming book ‘The Not So Secret Guide To International Document Service.’ For more information, please visit her website.

Keeping a written record is always a sound practice when it comes to financial transactions. But in the past, many people didn’t pay attention to tracking Notary fees. Years ago, most Notary fees were very small (often only a few dollars per notarization). Consequently, few people worried about keeping track of these payments, unless required to do so by state law. Today, Notary fees are no longer small change. Many states have significantly increased the fees Notaries may charge for their services. Some, like Tennessee, do not set a statutory limit to the amount Notaries may charge (although Notaries in such states are typically not legally permitted to charge in excess of reasonable fees). Many states that authorize remote notarizations allow Notaries to charge significantly more for remote services than for traditional pen-and-paper notarizations. The money being paid to Notaries is reaching more substantial levels — as should be expected and encouraged. Some companies employ hundreds or even thousands of Notaries across numerous locations. The revenue generated by these notarial fees may amount to hundreds of thousands and even millions of dollars annually. And not surprisingly, more and more state laws are expressly allowing employers of Notaries to collect the fees for notarizations performed by their employees. Because of the increase in the amounts being charged and collected for notarial services, these businesses and all Notaries need careful documentation of notarial and associated fees. Also, many self-employed Notaries charge customers additional fees related to their other business services. The classic example is the travel fee charged by many mobile Notaries and Signing Agents. If a member of the public asks a Notary to come to the hospital where the individual has been admitted in order to perform an acknowledgment notarization, the Notary should be entitled to charge a fee for the acknowledgment and a fee for traveling to and from the hospital. Increased fees permitted for notarizations mean more income for Notaries, which is a good thing. But along with increased income, there is also the responsibility to report appropriate earnings on income tax returns. Furthermore, a written record should document the fact that a Notary has not violated the maximum Notary fee statute in the many states which have such laws, or that a Notary has not charged more than a reasonable fee in those states (like Tennessee) which do not set maximum Notary fees. That’s why it’s essential Notaries keep thorough, clear records of the fees they charge. State Notary laws have almost never addressed the need for written fee records or the procedures for creating and maintaining such records – with one important exception. That is, where state laws have required the keeping of a Notary journal, most such laws have directed Notaries to record the notarial fee, if any is charged, in the journal entry. Yet only around half the states even require keeping a journal. If Notaries need guidance regarding keeping financial records, the 2022 Model Notary Act (MNA) is a good resource. The Model Notary Act includes provisions recommending Notaries: 1. Inform consumers of fees in writing in advance of services, 2. Provide consumers with itemized fee receipts, and 3. Record itemized fees in the Notary journal entry for each notarization. (See the 2022 MNA, Sections 5-1(c), 6-2(a)(7).) Such written records will help document the business expenses of Notaries and their customers for income tax purposes. In conclusion, things are changing for the better regarding Notary fees. However, we all need to pay more attention to Notary fee issues and to create and maintain a proper paper trail regarding fees. Chapter 5 of the Model Notary Act contains extensive, reasonable, and progressive approaches for dealing with fee issues, including written notice and recording of fees for the protection of consumers, Notaries, providers of support services for notarizations and the public. Notaries and lawmakers should look to the MNA for guidance in these matters. Michael Closen is Professor Emeritus at the John Marshall Law School in Chicago, Illinois. A respected consultant on model Notary statutes and legislation, Closen served on the drafting committees for The Notary Public Code of Professional Responsibility and various editions of the Model Notary Act, and recently authored Professor Closen’s Notary Best Practices: Expert's Guide to Notarization of Documents.

Notarizing documents from foreign countries can be confusing for Notaries. Here we'll answer some general questions and provide you with additional helpful information for working with international notarizations. Is the notarization permitted? Notaries in most countries perform very different duties compared to their counterparts in the United States. Foreign Notaries have powers similar to attorneys and are authorized to advise and prepare documents for clients. However, U.S. Notaries have more limited authority, and may not advise or prepare documents for clients. Confusion occurs when people from other countries ask U.S. Notaries to perform official acts that are not permitted under state law. One common example is when a Notary is asked to certify that a foreign citizen residing in the U.S. is still alive in order to collect an overseas pension. These documents are known as “proof of life" certificates, but many states do not allow Notaries to certify a person is alive. This often confuses signers who have been directed by foreign government agencies to take their life certificate to a U.S. Notary. If you are asked to perform a notarization on an international document, find out first if your state permits it. You can contact your state Notary regulating agency. Members also can contact the NNA Hotline. What if the document is in a foreign language? International transactions often involve documents drafted in a language you can't read. Is this a deal-breaker? As a general rule in most states, you may notarize a document written in a foreign language as long as the notarial certificate is in English or a language you can read. You’ll need to check your state’s laws and guidelines for specific guidance. That said, it’s safer and generally more advisable to refer the signer to a Notary who can read the foreign language. It's also a recommended practice to have a signer sign the document using characters or a language you can read and understand since the signed name could be different than what you are told. Do Notaries issue ‘apostilles’? If you’ve ever been asked to notarize a document sent to another country, your signer also may have asked you about obtaining an apostille to authenticate this document. An apostille is a certificate authenticating the signature and seal of the officer performing the notarization on a document being sent between countries that have ratified The HCCH Apostille Convention. Basically, an apostille confirms to the document’s recipient that the individual who notarized the document had a valid commission at the time the document was notarized. Without an apostille attached, a document sent between countries must go through a much lengthier authentication process by several different agencies in order to be accepted. Many people mistakenly believe that apostilles are issued directly by Notaries. Only an authorized authority under the HCCH Apostille Convention (also known as "The Hague Convention") — typically the Secretary of State’s office or other Notary-regulating agency — is authorized to issue apostilles. If a signer asks for an apostille, they will have to submit the document to the appropriate authority, which will typically process and attach an apostille to the notarized document for a fee. Some signers may ask if you can courier their document to the Secretary of State's or appropriate officials office to obtain the apostille/certificate of authority for them. Notaries who live in areas with access to the appropriate office sometimes offer this service for an additional fee. Are there any other alternatives? If it turns out you can’t notarize an international document, the signer may have other options. Embassy and consular staff are authorized to notarize documents being sent to their home countries. If a foreign country requests a notarial act for a signer’s document that a U.S. Notary isn’t authorized to perform, the signer can contact that country’s local consulate or embassy for assistance.