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  • Handling certified copies of public records and other unusual Notary requests

    Updated 8-21-23. Many Notaries have been asked to notarize copies of birth certificates, marriage certificates or other public records. Before you do, you need to know these important facts. Vital Records: Birth, death and marriage certificates As a general rule, Notaries cannot certify copies ​of birth, death or marriage certificates because these documents are vital records — public records that cannot be certified by a Notary Public. In the United States, an original vital record is kept by the appropriate public record office, which is normally the only authority allowed to issue certified copies of the vital record. In fact, states including Arkansas, Colorado, Connecticut, Florida, Kansas, Pennsylvania and Texas explicitly prohibit Notaries from certifying copies of vital records though they permit certifying copies of other types of documents. (Colorado's state handbook also says that Colorado Notaries may certify copies of birth certificates issued by other states. However, Colorado Notaries may not certify copies of birth certificates issued in Colorado. Also, the handbook says Colorado Notaries are prohibited from providing copy certifications for documents that state on their face that it is illegal to make copies of them.). California Notaries may only certify copies of powers of attorney, or copies of the Notary's own journal entries if requested by the Secretary of State or a court. Can copies of “recordable documents” be copy certified? A trickier issue is certifying copies of recordable documents — that is, a document that may be filed with an official agency. Whether you may certify a copy of such a document depends on your state’s Notary laws. Some states, including Arizona and Texas, prohibit certifying copies of any recordable documents. Georgia prohibits copy certification for publicly recordable documents, such as divorce decrees and university transcripts. Delaware goes a step further and prohibits its Notaries from certifying copies of any official or public records. If your state prohibits certifying copies of recordable documents, it’s important to know it doesn’t matter whether the copy is actually going to be recorded or not — if the original document is potentially recordable at a public records office, you can’t certify the copy. Certifying copies of driver’s licenses, passports and other forms of ID While not strictly public records, sometimes Notaries are asked to certify copies of official identification documents such as driver’s licenses or passports. Again, this depends on your state. Georgia allows copy certification ​of a U.S. passport but requires the passport holder to provide an affidavit. And some states such as Michigan do not permit Notaries to certify copies of any documents. If you are asked to certify a copy of an unusual document and aren’t sure if it’s permissible, always check your state requirements first, or contact your state Notary regulating office. NNA members can also contact the Notary Hotline for assistance.

  • 4 ways to find a mentor for your mobile Notary business

    Updated 8-14-23. One of the most common questions asked by mobile Notaries starting their own businesses is how to find a mentor to guide them. Whether you meet face-to-face with someone or establish an online relationship, it’s easier than you may think to reach out and find a mentor. Here are four ways you can get started today. “Link” in and “connect” Texas Notary Anna Giles and Virginia Notary Carolyn Wilson Ku used the NNA LinkedIn groups to find mentors. While Giles didn’t find a mentor in her small Texas town, she did find a Notary resource nearby who helped guide her on some steps to get started. Others have developed lasting, reciprocal relationships with local Notaries. Also, consider using the NNA’s Facebook Page. Visit the Community tab to reach out to friends and colleagues. Facebook is also the home of the Notary Public Mentor Group with over 1,800 members across the U.S. Connect with colleagues at professional conferences Notary-regulating officials in some states (such as Alabama and Montana) periodically host conferences. The biggest regular gathering is the NNA’s Annual Conference. These are always great places to meet dedicated professionals in your field and create lasting business relationships. Also, consider joining the NNA Conference Attendees Networking Group on Facebook. This group is for Notaries who are interested in optimizing networking opportunities at our annual conference. Check out SCORE Many Notaries need help with the business details of their profession. The nonprofit Service Corps of Retired Executives is a great place to go. SCORE has more than 340 chapters around the country and offers free mentorship programs for small business owners and entrepreneurs. It also hosts workshops and other events. Join professional associations Research associations like the NNA or those specific to your field to see if they offer mentor programs or other networking opportunities that could put you in touch with others in your field.

  • Notary Signing Agent Document FAQ: Conveyance Deeds

    Click to expand.Updated 8-14-23. Notary Signing Agents deal with a wide variety of documents during a loan signing. In this article, we answer some frequently asked questions about conveyance deeds. What is a conveyance deed? A conveyance instrument is a document used to transfer a real property title from the current owner (the “grantor”) to a buyer (the “grantee”). The specific type of conveyance deed used to convey tile varies depending on state law, but here are some common examples NSAs may encounter: General Warranty Deed: A document which conveys the grantor’s interest in and title to the property. A General Warranty Deed also warrants that if the title is defective or has a “cloud” (such as a tax lien or mortgage claim on the title) the grantee may hold the grantor liable. Quitclaim Deed: A document that transfers the owner’s current interest in a title to the grantor. A quitclaim deed does not guarantee the grantor’s ability to convey title. Grant Deed: A grant deed transfers title to real property or a real property interest from the grantor to the grantee and warrants that the grantor owned the title to the transfer. Do conveyance deeds require notarization? A deed must be signed by the grantor and, as a condition to recordation, be acknowledged before a Notary. A few states allow proof of execution by subscribing witness in lieu of an acknowledgment if the grantor is unable to appear in person before a Notary. What types of loan document packages include a conveyance deed? Conveyance deeds are encountered during transactions in which a property is being sold to or purchased by a new owner or buyer. They are also used when a title is being transferred to a family member. Another type of transaction involving a conveyance deed is when an individual place their home in a living trust. Finalizing a refinance transaction may require the home to be taken out of the trust and then placed back into the trust afterward. When this happens, Signing Agents may encounter one more conveyance deeds among the documents in the loan package.

  • Mobile Notary Tip: The do’s and don’ts of writing a strong online profile

    Mobile Notary Tip: The do’s and don’ts of writing a strong online profile Updated 7-25-23. In many cases, the first contact a potential client has with you is not from a phone call or an email inquiring about your mobile Notary services, but from your profile on the internet. The old adage tells us that “you only get one chance to make a first impression,” so it’s important to use your profile to put your best foot forward. Whether you have your own website, use sites such as FindaNotary.com, www.SigningAgent.com, or rely on social media pages, the following do’s and don’ts can help you create an effective profile that will sell your services, rather than make someone click away. Do look at other Notary profiles Before you sit down to write your profile, look at other people’s profiles to figure out what you should include — and what you shouldn’t. This is especially helpful when you’re first starting out and getting to know the competition in your area. “When I was very new to this, I had no one to answer my questions, so what I did was, I let Google be my best friend,” said New York-based mobile Notary Leilan Robinson. “I Googled other people’s profiles to see exactly how they had it set up and exactly what they mentioned, so I had a better idea of what I should mention and talk about on mine.” Don’t let being new deter you If you’ve recently gotten your commission and only have a few jobs under your belt, don’t let that discourage you from creating a Notary profile. Companies are looking for people who have certain skills, so you can use your profile to highlight the knowledge and abilities you gained throughout your professional life. Do update your profile regularly You want to keep the information on your profile as up-to-date as possible, so every time you learn a new skill, get expertise of a new type of document, and earn a certification, be sure to add it to your profile. That’s the only way potential clients will know the scope of what you bring to the table. Don’t leave information blank Profile pages on Notary sites are valuable real estate that can help you build your client list — so be sure to take advantage of it. If you’re leaving information out — or worse, setting up a page with just your name and phone number — you’re not getting the most out of the space Notary sites are giving you. “When Notaries do that, they’re not giving enough information for people to choose them,” said Eva M. Tolbert-Bradley, a Certified Signing Agent and mentor in the Chicago area. “Clients want to know about you and what you can offer, so provide that information.” Do provide some personal information Whether or not to share personal information online is a choice that every professional has to make. While some mobile Notaries may be reluctant to share any personal details in their profiles, for North Carolina Notary Dawnielle G. Pacheco, providing some details about her life has actually helped her business. “If there’s space on any platform that allows for more personal information, I encourage a person to fill it out,” she said. “The reality is, some people are very sensitive about people they don’t know coming to their house, and if they want to look online and know a little bit about you, that makes you seem more human. I think it’s ideal.” Don’t overdo it with personal information Someone may have told you never to discuss hot-button issues like politics and religion on a first date — and there’s a good reason for that. As you’re first getting to know someone, you don’t want to bring up anything that will cause tension. The same is true for your Notary profile. Although you may consider putting some personal information on your profile to help people feel comfortable with allowing you into their home, you don’t want to give potential clients reasons not to choose you. In addition to leaving your personal beliefs off of your profile. If you talk about controversial issues on your personal social media pages, you may want to make those platforms private in case potential customers Google you. And remember, as a Notary, you are an impartial, third-party witness to document signings. So it’s important to make sure you leave that impression with every potential client.

  • 3 questions to ask before you notarize a foreign-language document

    Updated 8-14-23. While it’s possible to notarize a document written in a foreign language, it’s very important to take steps to ensure you aren’t being misled about the document’s content or the signer’s intentions before you proceed. Here are three important questions to ask before notarizing. 1. Can you communicate directly with the signer? 2. Have you compared the customer’s signature on the document to the signature on the ID? 3. Can you read and understand the Notary certificate wording? 1. Can you communicate directly with the signer? Even though English is not the primary language of many signers, as a Notary, you need to directly communicate with them to ensure they know what they are signing and are willing to sign. If the signer speaks English clearly enough to communicate directly with you, or you are fluent in the signer’s primary language, there’s no problem proceeding with the notarization. However, do not notarize if you can’t communicate directly — even if a third party offers to interpret — unless you are a Notary commissioned in Arizona or Mississippi, which are the only states that allow an interpreter to translate a foreign language for a signer during a notarization. Colorado, which currently allows interpreters at notarizations for hearing-impaired signers, will allow foreign language interpreters starting September 1, 2023. No matter the language, Colorado Notaries must use an interpreter who has no disqualifying interest in the transaction. No other state authorizes the use of an interpreter during a notarization. 2. Have you compared the customer’s signature on the document to the signature on the ID? A signature can be any symbol that is written or adopted by a person with the intent to sign the document, and people do not always sign exactly the same way each time. However, it's still a reasonable practice for the Notary to compare the signature on the document to the signatures on the ID or in your Notary journal to make a layperson’s determination that the signatures are reasonably similar. 3. Can you read and understand the Notary certificate wording? The last question to ask is whether the certificate wording is in a language you read and understand. You should never use certificate wording you can’t read — you have no way to know what information you are affixing your signature and Notary seal to! If the certificate wording is in a language you don’t know, you must attach the appropriate English-language certificate wording for the act requested by the signer, otherwise do not proceed with the notarization. If you do notarize a foreign-language document, it is a good practice to include any information that describes the document in your journal. For example, if the document has a title in English but the rest of the document is in a foreign language, you could note the title as part of your journal entry. If no descriptive information is available, you should at least indicate in the journal entry that the document was written in a foreign language.

  • How to handle requests for your Notary journal entries

    Updated 5-1-23. Sometimes a customer will ask for a copy of Notary's journal entry, and new Notaries may not know how to respond to such requests. People make these requests because your Notary journal entries provide valuable information about each notarization, which can be important later if a document’s validity is challenged. A request for copies of journal entries can come from just about anyone — your signer, other parties to the transaction, commissioning officials and even law enforcement agencies. However, because of the sensitive information recorded in a journal, you always need to take the proper steps to protect a signer’s privacy when someone asks to view or copy a journal entry. 1. Follow your state Notary requirements 2. Get the request in writing 3. Protect the privacy of other unrelated Notary journal entries Step 1: Follow your state Notary requirements Whenever someone asks to review or copy one of your Notary journal entries, follow your state laws and guidelines. For example, some Arizona Notaries are required to keep two separate journals — one for public notarizations and one for notarizations related to confidential transactions, such as those covered by the attorney-client privilege. If you are one of these Notaries, you may only provide copies from your public journal. California allows any member of the public to request a copy of a journal entry, but the request must be in writing and include the name of the parties involved, the type of document, and the month and year the notarization took place. A California Notary who is an employee may be asked to provide copies of journal entries about work-related notarizations by an employer, provided the copying is done in the Notary's presence. An employer may not force a California Notary to provide copies of notarizations unrelated to the Notary's employment. Notaries in California who have been subpoenaed to provide copies of their journal entries must follow the directions of the subpoena for providing certified copies of entries in their journals. If the attorney’s request is separate from the request for entries in the subpoena, the attorney must comply with Government Code Section 8206(c), which states that a member of the public requesting a line item from a Notary’s journal must specify the names of the parties, the type of document and the month and year the document was notarized in a written request. If the attorney is able to meet the requirements, the Notary must provide a copy of the requested line item in their journal within 15 business days or acknowledge that no such line item exists (Government Code Section 8206.5). In Massachusetts, if a signer or witness tells you that they are a battered person, you must make a note in the journal that the person’s address shall not be subject to public inspection. Nevada permits any person to openly inspect the Notary’s journal during the time the Notary would normally be at work, and entries in a Texas Notary’s journal must remain available for public inspection and examination at “all reasonable times.” In Oregon, unless the Notary is a public official or public employee, or the journal is in the possession of the Secretary of State, the Notary is exempt from disclosing journal contents required under Oregon’s open public records law except when requested by the Secretary of State. If a customer needs to see or obtain a copy of the journal entry for their transaction, the Notary may provide the requested entry. If you are served with a subpoena or court order, you should fully comply with the terms of the order. Step 2: Get the request in writing Unless you’re commissioned in a state that allows a journal to be inspected or copied without qualification or limitation, requests should be made in writing. This is required by law in California, where a request must include the names of the parties to the notarization, the type of document notarized and the month and year the notarization took place. Some states have additional requirements: Mississippi, for example, requires a person asking to inspect a Notary's journal to be personally known to or provide satisfactory proof of identity to the Notary and sign the Notary's journal in a separate entry. For states that do not have laws or rules regarding journal entry requests, such as Florida, The Notary Public Code of Professional Responsibility recommends that the requester submit a written and signed request to the Notary specifying the month and year, the document type, and the principal or principals for the respective notarization, or a subpoena or other lawful written authorization. Step 3: Protect the privacy of other unrelated journal entries Unless your state allows journals to be openly inspected, a person asking to see or copy an item should only be allowed access to entries directly related to their request. To protect the privacy of other signers, always cover unrelated entries on the same page as the entry you are copying. This prevents people from flipping through your journal and looking at random entries to find information. However, this best practice would not apply in Nevada and Texas, where journal entries are considered public information and are available for open inspection. If a Texas Notary is asked for access to a journal entry made prior to 2009-2010, the Notary should cover any ID numbers or thumbprints in the entry because Texas Notaries are no longer permitted to record this information under state law. California and Mississippi grant law enforcement permission to inspect a Notary’s journal during an investigation. A reminder about COVID-19 emergency Notary orders During the COVID-19 crisis, some states issued emergency Notary orders temporarily authorizing alternatives to face-to-face notarizations such as remote online notarizations (RON) and remote ink-signed notarizations (RIN). Some of these emergency orders included additional recordkeeping requirements separate from your state's permanent Notary laws. Be sure to follow all recordkeeping requirements included in your state when performing notarizations if your state has temporary emergency guidelines still in place.

  • What every Notary needs to know about journals

    Updated 3-13-23. If you've ever asked why you need to keep a Notary journal, or what information a Notary needs to record in it, this article answers the most commonly asked questions. 1. Should every Notary keep a journal? 2. What kind of Notary journal should I keep? 3. What information needs to be in the Notary journal entry? 4. When should I make the Notary journal entry? 1. Should every Notary keep a journal? Yes. Most states require or strongly recommend that Notaries own and maintain a journal or record book of the acts they perform. Why is that? It is an important tool that provides a written record of the Notary's official acts. It contains details of the transaction in the event a notarized document is lost, altered, or if facts concerning the notarization are challenged in court. For example, one California Notary told the Notary Bulletin how she was contacted by signers nearly a year after notarizing loan documents for them. A lender had misplaced the signer's papers, and as a result the deed to the signer's home wasn't properly recorded. The Notary's journal record provided evidence that the loan documents had been notarized and helped keep the signers from losing their home. Even if not required in your state, a well-kept journal can provide supporting evidence that you acted properly during a transaction if you are ever accused of an inadvertent or willful mistake. For example, while Florida only requires Notaries who perform online notarizations to keep a secure electronic journal of their acts, state officials have strongly recommended that all Florida Notaries voluntarily keep a Notary journal. Information in Notary journals also has helped investigators locate and arrest dishonest signers who attempted to commit fraud or forgeries. 2. What kind of Notary journal should I keep? Some states require a journal's format to include certain features. For example, Arizona specifies that traditional Notaries must keep a paper journal, while Notaries authorized to perform remote online notarizations (RON) in Arizona are required to record information about remote notarizations in a permanent, tamper-evident electronic format. Tennessee requires the journal to be a "well-bound book" or "an appropriate electronic form." If not specified by state law, the NNA recommends that Notaries keep a journal with bound pages, and that entries be recorded in chronological order to prevent tampering. 3. What information needs to be in the Notary journal entry? Some states specify in their Notary laws what information can and cannot be recorded in a journal entry. California requires Notaries record the date, time and type of notarization; type of document notarized; the signature of each signer notarized; how each signer was identified; the fee charged, if any, and the signer's right thumbprint if the document notarized is a power of attorney, deed, quitclaim deed, deed of trust or other document affecting real property. Texas and Montana require Notaries to record how each signer was identified but prohibit Notaries from recording a signer's personal identifying numbers such as a Social Security number or the serial number of any identification documents presented. Texas also prohibits Notaries from asking for biometric information such as a thumbprint for a Notary journal entry. You should always follow your state's laws when entering journal information. If your state does not provide guidance, the NNA recommends including the following information in each entry: The date and time of the Notary act (the date and time indicates when the signer appeared before the Notary Public) The type of notarization performed (for example, "acknowledgment" or "jurat" or "verification by oath") The location where the notarization took place The title or type of document or transaction (for example, "deed" "personal letter" or "Affidavit of Identity") and the date on the document, if any (for example, a date appearing at the top of the document or date of signing appearing opposite a signature line) The printed name and address of each signer (in some states, witnesses' names are required for certain documents, such as wills, deeds, mortgages) The method used to identify each signer (personal knowledge, type of ID document, or credible witness(es)) Any additional details about the notarization you deem important The fee charged for the notarization, if any The signature of each signer (some states require the signatures of witnesses if used) The right thumbprint of the signer, if permitted in your state (California requires this for all real estate-related documents and/or powers of attorney. However, in states where a thumbprint is not required by law for the journal entry, the signer may choose to decline to provide a thumbprint.) 4. When should I make the Notary journal entry? The journal entry should be recorded while the signer is present and before you complete the notarization. This way you can make sure that you obtain all necessary information needed for the journal entry, such as signatures and thumbprints, before the signer leaves.

  • How to record multiple Notary journal entries for a single assignment

    Updated 5-17-23. During a single assignment, you may be asked to notarize more than one signature or even signatures on multiple documents. When you record these notarizations in your journal, how many entries do you need to make? Also, can Notaries use ditto marks or other shortcuts when information is repeated in their journal entries? In this article, we answer the following questions: 1. Can I use ditto marks in my Notary journal? 2. Can I record multiple documents in one journal entry? Can I use ditto marks in my Notary journal? Ditto marks can seem like an obvious shortcut when recording the same information for multiple notarizations performed at the same time. But using them depends on your state’s requirements. The tips in this article apply specifically to journals that are designed for the information in a single entry to span two facing pages. The NNA’s journal is a good example of this. California journal requirements are very strict — the Secretary of State requires Notaries to complete a full journal entry for each notarization performed. California Notaries may not use ditto marks for journal entries. The reason for this is California Notaries are required by law to provide copies of information in their journals to the public upon a written request, and any line item provided must include complete information. Hawaii's Notary Public Manual states journal entries must be created “at length.” This would also preclude Hawaii Notaries from using ditto marks or other shortcuts in their journals. Texas allows a Notary Public who performs multiple notarizations for the same signer within a single document to abbreviate the entry of those notarizations in the Notary record book, except that a separate entry must be made for each type of notarial act. The abbreviated entry must contain all the information required by §406.014, Government Code, and must include the number of notarizations performed within the specified document (1 TAC 87.51[c]). If you are commissioned in a state that does not provide guidance about journal shortcuts or does not require keeping a journal for traditional pen-and-paper notarizations such as Florida, it’s up to you whether to use ditto marks. At a minimum, the NNA recommends always filling out the first entry on each page completely, and only using ditto or hash marks for duplicate information for subsequent entries on the same page. Can I record multiple documents in one journal entry? When notarizing multiple documents for a single signer, many Notaries ask if they can combine information from all the documents into a single Notary journal entry. Again, this depends on state law. Arizona and Nevada permit Notaries to group information about multiple notarizations performed into a single journal entry if the notarizations were performed for the same signer or on similar documents at the same time. Other states, such as California, Hawaii and Pennsylvania, require a separate, complete entry for each individual notarization. In states that do not say one way or the other, the NNA recommends making a separate entry for each notarial act, but using ditto marks as described above. This helps keep the information in your journal easy to read while cutting down on the work required to create multiple entries.

  • Can I use a stamp to fill in Notary journal entries?

    Updated 8-8-22. A detailed Notary journal helps protect you from claims of negligence and potential lawsuits. But, journal entries are one of the most time-consuming parts of any notarization because of the amount of information that must be recorded. Some journal entries Notaries make are the same for each notarization they perform. Depending on the nature of a Notary’s business or employment, examples of repetitive entries might be the type of notarial act, name of signer, location, document title or fees charged. For example, writing the date or “acknowledgment” in dozens of journal entries a day can become tedious and even painful. One way to eliminate this is to use “efficiency stamps” — rubber stamps with pre-printed wording that can be used to record often-repetitive words in your journal. Efficiency stamps will save you time, make you more effective and help you keep a neater journal. Types of efficiency stamps Some efficiency stamps have inscriptions such as acknowledgment or jurat. An adjustable-date efficiency stamp can be used in a journal entry as well. Customized stamps can be manufactured with the name of a specific person for whom you regularly notarize (a boss or supervisor, for example) , a specific address where you typically perform notarizations, and information related to the identification of repeat signers. Care should be used if you decide to use a stamp that contains the identification information for a regular signer. For example, in Texas, efficiency stamps indicating the type of ID (e.g., Texas driver’s license or U.S. passport) and omitting the signer’s ID number can be used. As with all notarizations, if you use an efficiency stamp with the type of ID the signer still must present you with that ID for every notarization. Restrictions on stamps No state prohibits the use of efficiency stamps. However, as with hand-written entries, there are some restrictions regarding the type of information that can be entered. Rubber stamps that simulate a thumbprint impression cannot be used in journal entries. The NNA Hotline often gets calls asking it is acceptable to use adhesive labels with required journal information. We do not recommend this practice because the adhesive used on labels will often dry-out. As a result, the labels simply roll up and fall off the page. You may wish to use shortcuts in your journals. These include abbreviations, ditto marks or a signature written on a diagonal line spanning multiple entries. States have different rules on the use of these shortcuts. For example, California and Hawaii do not allow journal shortcuts. In Texas, when you perform multiple notarizations for the same signer within a single document, you may abbreviate the entry of those notarizations in the journal; however, you must make a separate entry for each type of notarial act. In Montana, the Secretary of State has said: “…in some situations, more than one document signed by the same person may be grouped in one entry.” However, the Secretary of States does not specify what those situations are. If you are a Notary in states that do not require Notaries to maintain a journal, you should make a full and complete journal entry for the first notarization you perform for a signer on the same date and then you may use shortcuts for any additional entries. If you are using the NNA’s Official Journal of Notarial Acts and the number of entries requires you start a new page in your journal, make sure to make a full entry on line 1 of the page before utilizing any shortcuts for making the remaining entries.

  • Determine if ID is Acceptable for Notarization

    Some states specify the types of ID a Notary may accept to identify a signer but many states leave the determination of an ID's suitability up to the Notary. If your state does not specify what ID signers may use, the NNA recommends the Notary ask for identification documents issued by the state or federal government that contain a photograph, a physical description and the bearer's signature. These elements provide a basis for comparison with the actual physical appearance and signature of the person requesting the notarization. Acceptable Forms of Identification for Notary Services State-issued driver's license State-issued identification card U.S. passport issued by the U.S. Department of State U.S. military ID State, county and local government IDs Permanent resident card, or "green card," issued by the U.S. Citizenship and Immigration Services* Foreign passport* Driver's license officially issued in Mexico or Canada* Digital driver's license* ID deemed acceptable to the U.S. Department of Homeland Security* Inmate ID issued by the State Department of Corrections or Federal Bureau of Prisons, if the inmate is in state or federal custody* Inmate ID issued by a county sheriff, if the inmate is in the custody of the county sheriff* *Only in some states. Although these are commonly accepted forms of ID, your state may have different requirements. Be sure to familiarize yourself with and follow your state's laws addressing acceptable signer identification. Can Notaries accept digital driver's licenses? Colorado, Louisiana and Wyoming are currently the only states permitting their Notaries to accept digital driver's licenses as a form of identification. A digital driver's license can be used in lieu of a physical driver's license. Can Notaries accept an expired license as a form of ID? The answer depends on the state laws where the notarization is taking place. Some states require "current" ID and some states accept expired IDs if they were issued within the past five years. For example, Virginia allows Notaries to accept expired IDs from signers who live in an assisted living facility granted the ID has not been expired for more than five years from the time identification for the notarization is required. Because the laws in many states do not specify whether an ID has to be current, valid or unexpired, the NNA recommends accepting unexpired IDs as a professional best practice. If you're in a state that does not accept expired ID, there may be alternative methods of identifying a signer that your state does allow, such as using a credible witness. Read the Notary Bulletin for more detailed information about whether an expired ID is acceptable in your state. What if a signer's ID looks suspicious? Getting a high-quality fake ID is easier than ever before, which makes spotting a fake ID more difficult. However, there are warning signs that you can look out for. If a photo doesn't closely resemble the signer or the card looks altered in any way, consider it a red flag and inspect the card thoroughly. Make sure the photo and physical description match the signer. Confirm all of the security measures your state includes on ID cards are present too. Not all of these warning signs mean you're dealing with an impostor, though. People often change their name, gain or lose weight, cut or dye their hair and some have had cosmetic surgery or gender reassignment surgery. Learn how to handle name discrepancies and check out Notary Basics: How To Deal With Unreliable Or Suspicious ID for more details. What if the signer does not have identification? A recent survey by the Brennan Center for Justice revealed that millions of American citizens including minors, the elderly, minorities, low-income and homeless people don't have a government-issued ID. In situations where a signer does not have an acceptable ID or if you're uncertain about the ID, check your state laws regarding credible witnesses as a means of identification. View our free webinar to learn how Notaries can use credible witnesses to identify signers. What types of ID are not acceptable? Generally speaking, Social Security cards, birth or marriage certificates, credit cards, school IDs, library cards and temporary driver's licenses are not acceptable forms of ID for notarization purposes. While some states are very strict about the forms of ID that can be used and others have general ID rules, many states leave it up to the Notary's judgment. Before making a decision, consider that you may need to defend your notarization in the future.

  • Notary Basics: How to deal with unreliable or suspicious ID

    Notaries help prevent fraud every time they take a signer's ID into hand to verify identity ... it's the Notary's #1 responsibility, and knowing your state's laws will help when you come across a suspicious ID. Notaries in all states are responsible for ensuring the identity of their signers and can be subject to civil or criminal liability if they fail to do so. Yet many states do not offer clear guidelines. Even in the states that do have identification requirements in the law, circumstances may arise that aren’t addressed. To make matters more difficult, people often change their names and physical appearance, and many signers can’t produce any ID at all. The key to ID conundrums comes down to following key practices that help you exercise sound judgment. Know your state ID rules The first rule for identifying signers is to know (and follow) your state guidelines. Some states specify by name the ID cards you can accept, but many other states just prescribe the elements in an acceptable ID and leave it to the Notary to determine if the identification presented meets requirements. Here are some examples of state ID guidelines: California not only lists specific IDs CA Notaries may accept in its Notary laws, but requires the ID to also be current or issued within the past five years. In addition, certain named IDs must contain serial or identification number, a photograph and description of the person, and be signed by the bearer (Civ. Code 1185[b][3] and [4]). Florida provides a list of acceptable IDs and requires these IDs to be current or issued within the past five years and include a serial or identifying number (F.S. 117.05[5][b]2). . Pennsylvania permits Notaries to accept a passport, driver’s license or government-issued nondriver identification card, which is current and unexpired. Notaries may also accept another form of government identification issued to an individual, which: (a) is current; (b) contains the signature or a photograph of the individual; and (c) is satisfactory to the notarial officer (57 Pa.C.S. 307[b]). Texas requires an identification document presented by a signer to be issued by the federal government or any state government and contain the photograph and signature of the signer (Civ. Prac. & Rem. Code 121.005[a][2]). Texas Notaries may accept a current foreign passport as proof of signer identity when notarizing a deed or other instrument relating to a residential real estate transaction, but may not accept a foreign passport when notarizing any other types of documents (Civ. Prac. & Rem. Code 121.005[a][3]; 1 TAC 87.1[1]). If your state offers no specific guidelines — and some don’t — the standard of professional care would be to request a current ID issued by the state or federal government that contains the signer’s photograph, physical description and signature. Examples of acceptable ID that typically have all of the above include: State driver’s license or non-driver’s ID; A passport; A federal ID, such as a military identification card; A state, county or local government ID; and A lawful permanent resident card otherwise referred to as a “green card.” However, following state law or a general standard of care only takes you so far, and there are still situations where you’ll be asked to make a judgment call. Identification photo doesn’t resemble the signer Notaries exist to prevent forgeries, but spotting fakes is not always easy. One of the warning signs that something’s amiss is when the photo and physical description on valid identification do not closely resemble to the signer. This could indicate fraud, but there are other possible reasons: the ID may be expired, the signer may have gained significant weight since the photo was taken or undergone cosmetic surgery or gender reassignment. The first step is to examine the ID presented with a discerning eye and realize that every notarization presents an opportunity for forgery. If there’s any doubt, ask yourself these questions: Do I have reason to suspect the signer isn’t who they claim to be? In Florida and California, satisfactory evidence of identity means the absence of any suspicious circumstances that would lead a reasonable person to doubt the identity of the signer. This is a good practice everywhere. If you have reasonable suspicions, ask your signer for another form of state-approved ID. Also examine your state laws with regards to using a credible witness (or two, as required by some states). Have I taken all of the evidence on the ID into account? When making the final judgment call, take all the evidence on the card into account, not just the photo. Is the person’s height reasonably the same as on the ID? Eye color? Do all signatures match? If not, you may need to find an alternative way to identify the signer. ID looks odd or somehow altered Everything about the signer’s official, state-issued driver’s license may appear legitimate — but something still doesn’t seem right. Does the ID appear different than the standard format? While you can’t be expected to be an expert on all forms of ID, you should familiarize yourself with your own state’s IDs since you’ll likely encounter those most often. Learn to recognize security features such as embedded holograms, micro-printing and “ghost” photos. Security tools such as a small magnifying glass or blue UV light can help expose suspicious IDs. Has the ID been modified? While most drivers’ licenses and state IDs are laminated, any additional lamination applied to the ID would be considered illegal tampering with or altering the license. In this case, or any other case involving tampering, it would no longer be an acceptable ID. When the signer has no acceptable form of ID According to a survey by the Brennan Center for Justice, millions of American citizens do not have government-issued forms of identification. Many tend to be poor, elderly or minority. You may also confront the challenge of notarizing documents for a minor or a homeless person wholly lacking ID. In cases where signers lack valid ID or you are unclear if an ID is acceptable, review your state requirements concerning the use of credible witnesses to identify signers. Important facts about signer identification Temporary driver’s licenses, Social Security cards, birth or marriage certificates, credit cards or driver’s licenses without photographs are not generally considered acceptable and reliable forms of identification. Some states allow a grace period for expired licenses; be sure you know your state law before accepting an expired ID. In some states, jurats do not require an ID for notarization. Generally, copy certifications don’t require it either. Nevertheless, it is always a good idea to identify anyone who requests a notarial act. Civil or criminal liability for failure to appropriately identify a signer by satisfactory evidence can include hefty fines and/or a commission suspension or revocation.

  • 5 tips for authenticating a signer’s ID for notarization

    A Notary’s primary duty is to authenticate identification before witnessing a signature. Follow these helpful tips for proper verification of identity: 1. Always ask to hold and examine the ID physically 2. Make sure the ID meets your state’s Notary ID requirements 3. Familiarize yourself with security features on common IDs for your state 4. Look for other discrepancies if something on the ID doesn’t match 5. Record the ID information in your Notary journal entry 1. Always ask to hold and examine the ID physically To ensure the ID is satisfactory, you will need to read it. When a signer presents identification, ask that it be handed to you so you can look at and touch any details and security features to confirm they are genuine. Don’t simply glance at a driver’s license or ID card in the window of a signer’s wallet, as this leaves you unable to check the ID card’s security features (see below). 2. Make sure the ID meets your state’s Notary ID requirements While examining the ID, ensure it includes all required information under your state’s laws. For example, California statute provides a specific list of ID types California Notaries may accept and requires an ID to be current or issued in the past five years. Florida requires any ID on Florida’s list of acceptable identification to be current or issued within the past five years, and the ID must also bear a serial or another identifying number. For most notarizations, Texas requires a signer’s ID to be issued by the U.S. federal or state government and include a photo and signature. However, Texas Notaries may accept a current foreign passport as ID if the notarization involves a deed or other instrument related to a real estate transaction. 3. Familiarize yourself with security features on common IDs for your state It’s a good professional practice to know the security features of IDs commonly used in your state and check to be sure they appear on the ID. Again, using California as an example, state driver’s licenses include features such as a raised printing of the signature and date of birth you can feel by running a finger over the card's surface. Other security features may include holographic images, patterns, or hidden details that only appear when held to a light. An ID reference guide can help familiarize you with what to look for when checking ID security features. 4. Look for other discrepancies if something on the ID doesn't match If a picture or description on an ID is outdated, the signer may have changed their hair color, lost weight, or been ill recently — but it may also mean the signer is an impostor. If you are uncertain, follow any statutory guidelines first. For example, Pennsylvania’s laws specifically allow Notaries to refuse to perform an act if the Notary is not satisfied that the signer’s signature or appearance matches what is on the ID. However, if you are in a state where the law doesn’t provide clear guidance, check if there is more than one discrepancy. For example, is the signer’s hair color not matching the photo the only difference? Or does their height and weight not also match the information listed on the ID? If you feel there is reasonable doubt the signer’s identity is legitimate, then it is better to stop the notarization until the signer can produce another satisfactory form of ID. 5. Record the ID information in your Notary journal entry Many states require you to keep a record of your notarizations, so ensure you include all the information required by your state laws and rules. If you keep a Notary journal, but your state does not have rules for journal entries, it’s a recommended practice always to include the date, time and type of notarization; a description of the document; the name, address and signature of each signer and any witnesses; a description of the evidence used to identify each signer or witness; and the itemized fees, if any, paid to you (The Notary Public Code of Professional Responsibility, Standard VII-A-4). In addition, you may include in your journal entry other information you deem important (including any notes about verifying the signer’s identity) unless prohibited by law or official guidelines. However, you should not record a full identification number, serial number, Social Security number, date of birth or other non-public personal information unless required by your state.

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