Nov 11, 2024 Upon returning, I bring forth what I believe are useful steps to confirm with your signer, whether it is after accepting the job from the hiring company or when it is a direct engagement with the signer. Last week, I provided you with a checklist of questions to consider before accepting a job to ensure it aligns with your needs. It's important not to assume that the Title Company or Signing Service has already covered all necessary aspects for notarization. Therefore, when you contact the signer for confirmation, ponder over the following inquiries. Queries for the Signers: Do they possess valid identification? It is essential to comply with state regulations. Be precise—request a state-issued driver's license, non-driver ID, US passport, or any other acceptable form of ID. Will all required signers be present? This helps avoid unnecessary return trips. Are witnesses necessary? In states like Florida or Georgia, witnesses are mandatory for Deeds. If witnesses are needed, can the signers arrange for them? If not, you might need to provide witnesses, incurring additional time and fees. Do all signers speak English or my language? Effective communication is crucial for a successful signing. Direct communication with signers is preferred over family members translating, unless state regulations allow for translators (e.g., CO and AZ). Are all signers fully conscious and attentive? Assessing their mental state is important. Are they prepared and willing to sign documents? Have they reviewed the numbers or closing disclosure with their Loan Officer? Sample questions for assessing alertness will be provided later in this communication. Can all signers sign their names? Be prepared for signature accommodations, such as signature by mark or proxy, as permitted by your state. Do they have pets that could be a concern? If they have pets, such as dogs or cats, and you have allergies, it would be beneficial to know if the pets can be kept away during the signing. What about access and parking? Are there any gate codes or parking restrictions you should be aware of? Specialty Work: Additional Considerations For specialized notary work involving direct customer interaction, consider the following additional questions: Is the caller also the signer? Clarifying this can prevent misunderstandings. Do they require mobile notary services? If not, guide them to an alternative service. What types and how many documents are involved? This helps gauge the scope and time needed. Can they provide a photo of the documents? If you are unfamiliar with the paperwork, seeing a photo can help identify any special instructions. What does the service entail? Ensure they understand that your service goes beyond just notarizing documents—explain the entire process. What payment methods do they accept? Knowing their accepted payment methods (cash, Venmo, Zelle, credit card, or check) can streamline the transaction and ensure timely payment. What time suits them best? Offer a few appointment slots and confirm the chosen time during the call. Upon Arrival: Confirmation and Assessment Upon reaching the signing location, take a moment to evaluate the signer's awareness. If there are any indications of confusion, address additional questions directly to the signer. This is particularly crucial for vulnerable groups like accident victims, seniors, or individuals in healthcare facilities. Verify their orientation by asking: Who are you? Where are you? What document are you signing? Who else is present, and what is their relationship to you? Do you wish to proceed with the signing? Record your observations in your journal, noting witness names and any pertinent details about the signing process. The Final Step: Requesting Feedback Post-appointment, remember to seek feedback. This can be done through a receipt, text, email, or face-to-face. Positive reviews are essential for attracting new clients, so tailor your request based on their discovery of your services—whether through Yelp, Google, or another platform. Conclusion By posing the right questions before each notary task, you can avoid potential issues and ensure a seamless signing process. Preparation is key to your success as a notary, so incorporate these questions into your routine. Happy signing!

Should Notaries accept tips and gratuities? It is highly recommended for Notaries to adhere to the ethical standards and guidelines by refraining from accepting additional tips for their services. By maintaining a strict policy against accepting extra gratuities, Notaries can uphold their professionalism and integrity in the eyes of their clients and the public. Furthermore, it is essential for Notaries to be aware of the maximum fee limits set by their state regulatory authorities. By never exceeding the prescribed Notary fees, Notaries can avoid any potential legal implications and ensure compliance with the law. In addition, Notaries should exercise caution when it comes to accepting gifts from customers. It is advisable for Notaries to refrain from accepting non-monetary gifts to prevent any conflicts of interest or perceptions of favoritism. By maintaining a professional distance and avoiding gifts, Notaries can uphold their impartiality and credibility. 1. The safest choice is not to accept extra tips for Notary services. State Notary laws generally do not directly address whether Notaries can or cannot accept tips in addition to the maximum notarization fees. While your state statute may be silent, it’s important to remember the Notary’s central role in providing impartial services. Accepting compensation above and beyond the maximum fees for the notarial act, travel or other ancillary services allowed by law could be seen as improper influence, even if it seems at the time like the signer has no ulterior motives. For example, suppose a customer regularly provides you with tips, and then later asks you to ignore a problem with his identification during a notarization. When you refuse he could say, “But I’ve always tipped you in the past; can’t you just overlook the small discrepancy with my ID”? To avoid any appearance of impropriety, the safest course is to politely refuse any extra compensation offered to you, other than the maximum fee allowed by law for the notarial act and any ancillary fees such as for travel.  2. Never accept more than the maximum Notary fee allowed by your state. If you are in a state that sets a fee schedule such as California , Florida or Texas , remember that the fee you receive for your services may not exceed what you’re allowed to charge for a notarization. In these states, if someone pays your fee and then offers an additional tip, you must turn down the tip if the total amount you would receive is more than state law permits. Nevada is very clear on this matter. Its fee statute prefaces the maximum fees for notarizations and travel by saying, “… a notary public may charge the following fees and no more ” (NRS 240.100[1]). Accepting tips is less clear-cut in Arkansas, Iowa, Kansas and Kentucky where Notary fees are not set by state law. While technically there is not a maximum fee for notarizations, Notaries in these states should exercise restraint by not accepting gratuities for their services. Arkansas and Iowa caution Notaries by saying that fees should be “reasonable.” Maine does not set a maximum statutory fee, but the state’s Notary Public Handbook recommends that Notaries establish their own fee schedule “… so that persons seeking their services will have some predictability or assurance on the fee.” Even if your state allows you to charge any amount you choose, the best ethical choice would be to stick to a reasonable fee for your Notary services and decline any additional money offered more than this fee. 3. Notaries should not accept non-monetary gifts from customers. What about gifts such as free movie passes or sports tickets in appreciation? Can you accept those? Some Notaries might think these types of gifts are different from accepting money. While a movie pass isn’t money in the sense that we can use it to spend on goods and services that we choose, it is still a financial perk that has the potential to compromise your impartiality, especially if the gift-giver wants special treatment during a notarization at some point. Just like money tips, the recommended ethical practice for other types of gifts and gratuities is not to accept them. Guiding Principle II-A-3 of The Notary Public Code of Professional Responsibility of 2020 recommends Notaries should not accept any gifts, gratuities or donations. David Thun is the Assistant Managing Editor at the National Notary Association.

Everything starts with a Notary’s fee agreement Open communication is crucial. When problems do arise, each step of the collections process, from the first day a bill is late to months later, should be marked by careful, professional dialogue, and a trail of paperwork. It all starts with the contract or agreement, said Caitlin Pearce, director of member engagement for the Freelancer’s Union . “Make sure you have a clear, written agreement, ideally a formal contact,” she said. “This protects the company as well as the freelancer.” Most title companies and signing services have written contracts with the NSAs they use. Make sure you and your client are clear on all the requirements, large and small, as well as the due dates, payment terms and any other expectations. It’s also a good idea to have your own contract template for those clients who rely on handshake deals. Don’t forget to have a lawyer review it to ensure that you’re asking for things that are within the scope of the law, Pearce said. Before beginning a job, Pearce also suggested that NSAs find the name and contact information of the person responsible for payments, whether it’s the company owner or an employee in accounting. You should have their phone number and email address, and establish contact. Some companies have bureaucratic red tape a mile or two long; if you’ve chatted with your contact, your invoice is less likely to get lost in the shuffle. Your payment’s late. Now what? When you send your first invoice, you should also clearly state when you’ll follow up if not paid by a certain date. On that exact date, call and email your contact. Be polite and professional, Pearce said, but let them know you’re not going to let this go. Personally chasing after people for money can be tough, so there are several brands of payment collection software that can do a lot of the work for you, such as sending reminder letters and emails. WebAR , a cloud-based platform, manages accounts receivable and will process payments. The credit bureau Experian also offers an application. Its program will validate names, addresses, and other important data against information reported to Experian, and it’ll help you get nuggets like unpublished phone numbers. Escalation tactics if a Notary isn’t paid So you sent repeated invoices, made calls, and you’re still waiting to get paid. What next? There’s also small claims court, and if you choose to go down this path, make sure you have paperwork, including emails and copies of work product, available to show a judge. But that can be time-consuming and costly. Frank Metayer, who owns San Diego-based Mobile Notary Express, recalled an experience he had with one signing service. After 30 days, he sent a friendly email. His second attempt was a voicemail. By then, he went over the client’s head and alerted the escrow company that he had not been paid. The following day, he was called by the signing service and almost immediately paid. Sometimes you have to look at relationships. Escrow companies are important to signing companies and they don’t want to lose those contacts, he said. In another case, he did a signing for a different escrow company. After three attempts to collect, he sent an email and cc’d his contact’s manager. He promptly got a check. Barbara Weltman , an attorney and small business expert, notes that “invoices aren’t like fine wine — they don’t get better with age.” But if nothing works, and you can’t get paid what you’re owed, you may be able to write off the bad debt on your taxes.  Collecting debts may be a hassle, and may force you to get assertive while discussing a topic that makes many people uncomfortable, but persistence often pays off. Pearce said some freelancers have doggedly pursued debts as small as $100. On principle. Because everyone deserves to get paid for the work they do.

Step 1: Check for pre-printed wording. Many documents come with pre-printed Notary wording that clearly indicates what type of act is needed. For example, if your state requires specific wording for a jurat and that wording is pre-printed on the document, you may proceed with a jurat. However, if for any reason the certificate wording is unclear to you or the document lacks pre-printed notarial language, do not proceed until you can confirm what act is needed from another source. Step 2: Ask the signer. If the document lacks appropriate and clear certificate wording, ask the signer what type of notarization is needed . If the signer directs you to perform a particular act, that’s all you need. If the signer isn’t sure, you cannot choose the notarial act for them, but you are permitted to describe the different notarial acts and let the signer pick one. For example, you can say, "If you need your signature acknowledged, you will need to be identified and confirm you are willingly signing this document and aware of what you have signed. If you need a jurat, you will need to sign in my presence and take an oath or affirmation swearing the contents of the document are true. Which would you like?" You can also show the signer samples of an acknowledgment and jurat certificate. Once the signer chooses what type of notarization they want, you may proceed. Step 3: Have the signer contact the issuing or receiving agency for instructions. If you cannot determine what act to perform from steps 1 and 2, the signer should contact either the agency that issued the document or the receiving agency and ask what type of notarization is needed. Again, you may describe the different notarial acts to the agency and let them choose which one is appropriate. However, be careful. Some agencies unfamiliar with notarial laws and procedures may direct you to just "stamp and sign" the document or ask you to perform an act not permitted in your state. If you are asked to perform an illegal notarization, explain that state regulations don't permit you to do so and ask the agency to choose an alternate lawful notarial act. Once you learn what act is needed, you can proceed. If none of the above steps are successful, and it’s still not clear what notarial act is needed, the notarization needs to be called off. The signer may need to contact an attorney for guidance on how to complete the document before rescheduling the notarization.

A comprehensive manual for Notaries on administering oaths and affirmations Written by Kelle Clarke, Latest Revision on October 28, 2024 An oath or affirmation represents a serious declaration with legal implications that can be undertaken before a Notary. Should a client wish to proceed with an oath or affirmation, here is what you should be aware of. Understanding the Contrast between an Oath and an Affirmation While both oaths and affirmations are notarial procedures that compel an individual to speak truthfully, an oath involves a solemn verbal commitment to God or a Supreme Being, whereas an affirmation is a spoken commitment based on the signer's personal integrity without mention of a higher authority. Both are deemed appropriate, and the decision rests with the signer. Guidelines for Administering an Oath or Affirmation When administering an oath or affirmation, adhere to the following steps: Mandate the physical presence of the individual taking the oath or affirmation before you. Unless explicitly permitted by law, oaths and affirmations cannot be conducted remotely. Request valid proof of identification as stipulated by state regulations from the individual. An oath or affirmation may form part of the notarial process of verification on oath or affirmation or jurat, necessitating the individual to sign the document containing the sworn statement. Confirming identity is a prerequisite for these notarial actions. Instruct the individual to raise their right hand or perform another ceremonial gesture before responding, emphasizing the gravity of the procedure. While these ceremonial formalities are rarely mandatory by law, they serve to impress upon the signer the importance of their actions. Some signers — and even some Notaries — may treat the situation lightly, but this is not the appropriate time for humor. Maintain professionalism and be a role model in administering oaths and affirmations consistently, and your client will reciprocate. Administer the oath or affirmation by inquiring whether the individual swears or affirms the veracity of their statement. The phrasing can be posed as a question or statement depending on your state's guidelines. California provides the following phrasing for an oath or affirmation in question form: For an oath: “Do you solemnly declare that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?” For an affirmation: “Do you solemnly affirm, under penalty of perjury, that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth?” (Code of Civil Procedure 2094[a]). Florida does not specify the format of the oath or affirmation, thus you may present the oath or affirmation as a question or statement. If presented as a question, a suitable oath for a jurat, verification, or affidavit could be: “Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?” Minnesota offers an oath form for affiants that can be utilized by Notaries notarizing signatures on affidavits: “You do swear that the statements of this affidavit, subscribed by you, are true, so help you God.” (MS 358.07[10]) For an affirmation, MS 358.08 allows the terms “swear” and “so help you God” in the aforementioned oath to be respectively replaced with “affirm” and “and this you do under the penalties of perjury.” Texas provides the following wording for an oath or affirmation for an individual assuming public office in the form of a statement: “I _________ (affiant), do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ____________, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State (so help me God).” Request the individual taking the oath or affirmation to respond with “Yes” or “I do” if the oath or affirmation is posed as a question, or have the individual repeat the oath or affirmation after you if it is in statement form. As the signer's response subjects them to perjury, it is crucial that the Notary clearly understands the signer's reply. Nods, “uh-huh,” or other ambiguous responses are inappropriate. Recommendations for Conducting Oaths and Affirmations Avoid Cutting Corners: If the document requiring notarization mandates an oath or affirmation, you must verbally administer it — even if the signer tries to rush you or evade it entirely. Inquire, Don’t Advise: If a signer is uncertain about the differentiation between an oath and affirmation, you can provide the forms for each, but you are not authorized to recommend which one to choose; the decision lies with the signer. Respect the Signer’s Decision: Given that oaths and affirmations hold equal legal weight, the Notary should respect the signer’s choice and utilize the appropriate wording and gestures. Document in Your Journal: Carefully record each oath and affirmation you administer in your journal. Once you grasp the basics and have conducted several oaths and affirmations, the process will become second nature.

Guidelines for maintaining privacy in Notary journals Notary Signing Agents should not permit any company to access non-customer journal records containing confidential personal details. Title companies have the responsibility of safeguarding sensitive customer financial information as mandated by the federal Gramm-Leach-Bliley Act (GLBA). Reviewing journal entries unrelated to title company customers would breach GLBA regulations. With the exceptions outlined below, the NNA advises Signing Agents to decline requests from potential contracting firms to view their journals, as Signing Agents are required to uphold the same GLBA privacy standards for nonpublic personal information. Exceptions specific to certain states Certain states have established rules regarding access to journal entries that deviate from the standard privacy protocols mentioned earlier. Unless one of these specified exceptions applies, Notary Signing Agents should not allow a title company to inspect their journals in exchange for assignments from that company. Arizona  — A journal entry classified as a public record can be accessed by any individual presenting a written request detailing the notarized person's name, the month and year of the notarization, and the document or transaction type (ARS 41-319[F]). It's important to note that Arizona permits Notaries to maintain a separate journal for notarial acts that are not public records. Non-public record entries include information protected by attorney-client privilege or confidential under federal or state law. Journals containing nonpublic records are the property of the Notary's employer (usually a law firm) and must be kept confidential (ARS 41-319[E]). California  — Government Code 8206[d] stipulates that the journal is solely owned by the Notary and prohibits surrendering it to any individual. Exceptions include providing it to a peace officer if it contains evidence related to a criminal investigation, or to the county clerk upon the Notary's retirement. However, in California, a Notary must furnish a photocopy of a journal entry to anyone submitting a written request containing the parties' names, document type, and notarization month and year (Government Code 8206[c]). A Notary-employee must allow an employer to review journal entries directly related to the employer's business, provided the Notary is present. The employer cannot demand access to entries unrelated to their business (Government Code 8206[d]). Colorado  — Any member of the public may request access to a notarized record by submitting a written request detailing the parties' names, document type, and notarization month and year. Upon request, the Notary may provide a certified copy of the relevant transaction and charge the fee permitted in CRS Section 24-21-529. The transaction must be recorded in the Notary's journal (CRS 24-21-519[5]). Hawaii  — Hawaii Notaries are required to allow inspection of journal records by any responsible individual without charge (HRS 502-73). Maryland  — A Notary Public may charge $2 for certifying a copy of an entry in the notary's register of official acts (COMAR 01.02.08.03E). The fee for providing a photocopy of an entry in the register is $1 per copy (COMAR 01.02.08.03C). Massachusetts  — Notary journals may only be inspected without restriction by law enforcement, if subpoenaed by court order, or when the Secretary of the Commonwealth orders the Notary to surrender the journal (GL 222 Sec. 22[g]). Mississippi  — A Notary must provide photocopies of journal records to a person who requests them and pays the legal fee (MCA 25-33-5). Any person may inspect a journal entry in the Notary's presence during regular business hours if certain conditions are met. Only law enforcement, a court issuing a subpoena, or the Secretary of State can request unrestricted inspection of a Mississippi Notary's journal. The Notary may deny access if there are reasonable suspicions of criminal or harmful intent (1 Miss. Admin. Code Pt. 5, R. 50.4.6.A and B). Missouri  — The journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, pursuant to subpoena power as authorized by law, or surrendered at the direction of the secretary (RSMo 486.710.1). Nevada  — A Nevada Notary's journal is open to public inspection without qualification (NRS 240.120[6]). Oregon  — Only Notaries who are public officials or employees are obligated to disclose journal records under Oregon's public records laws (ORS 192.410-192.505). A Notary who is not a public official or employee is exempt from disclosing the journal contents, unless requested by the Secretary of State under OAC 160-100-0430(6). Pennsylvania  — A Notary must provide a certified copy of the journal to a person who applies for it (57 Pa.C.S. 319[g.1.]). Texas  — Texas Notaries must provide a certified copy of any requested entry upon payment of the fee allowed by law within 10 days of receipt of the fees (Government Code Section 406.014 and Texas Administrative Code, Title 1, Section 87.52[a]). If unable to provide the certified copy within the specified time, the Notary must inform the requester in writing. If personal identifiable information is inadvertently included, the Notary must redact it before releasing the copy.  Bill Anderson is Vice President of Government Affairs with the National Notary Association. David Thun is the Editorial Manager at the National Notary Association.

Frequently Asked Questions about Occupancy Affidavits for Notary Signing Agents Notary Signing Agents encounter a variety of intricate documents when handling mortgage loan signings, some of which have specific or unique requirements. This article aims to address queries regarding the Occupancy Affidavit. What is the Definition of an Occupancy Affidavit? An Occupancy Affidavit is a document where a homeowner affirms that the property being financed will be their primary residence. What is the Purpose of an Occupancy Affidavit? Lenders typically provide lower interest rates to homeowners who reside in their primary residence due to reduced risks associated with property maintenance compared to absentee ownership (such as rental or vacation properties). Are There Alternative Names for Occupancy Affidavits? Indeed, an Occupancy Affidavit might also be known as a “Statement of Occupancy,” “Occupancy Statement,” “Occupancy Certification,” “Owner Occupancy Letter,” “Residency Affidavit,” or other titles. Sometimes, it may be labeled as an "Occupancy and Financial Status Affidavit" or similar, encompassing both occupancy and financial details in a single document. Which Loan Document Packages Commonly Include an Occupancy Affidavit? Occupancy Affidavits are frequently part of residential purchase and refinance loan packages. Is Notarization Required for an Occupancy Affidavit? While some do mandate notarization, others do not. Most lenders stipulate that an Occupancy Affidavit needs notarization with an oath or affirmation, with the borrower signing the Affidavit and confirming its accuracy in the presence of the Notary. Some forms might necessitate an acknowledgment instead, while others may not require notarization at all. Regardless of notarization, providing false information on an Occupancy Affidavit can lead to severe consequences, including fines or imprisonment. Notary Signing Agents should diligently review the Occupancy Affidavit in the loan package for notarial requirements.

Although Notaries are typically familiar with the certificate wording in their own state, requirements for such wording can vary significantly between different locations. Out-of-state certificates may contain wording that is unfamiliar or even confusing. While some states specify the exact wording that must be used in certificates, others provide general guidelines. In certain situations, it is left to the Notary to decide whether the wording on a specific certificate is acceptable. So, how should you handle a Notary certificate from another state? Adhere to the Notary Certificate Laws of Your Own State In most states, the general principle is that certificates must substantially comply with the requirements outlined in the statutes. For instance, many states accept an acknowledgment certificate as long as it includes the phrase "acknowledged before me" or an equivalent, allowing for some flexibility in the exact wording. In these states, a Notary can use a certificate from another jurisdiction as long as they follow all the notarization requirements in their own state. This typically involves the signer personally appearing before the Notary, providing proper identification, and signing or acknowledging the document. However, the specific wording in the certificate describing these actions may vary. In Texas, for example, the state offers suggested certificate wording for Notaries but also allows for alternative wording. Some states have stricter requirements. In Florida, every jurat and acknowledgment certificate completed by a Notary, whether from within or outside the state, must contain 9 specific elements and closely follow the form specified in the statute. This gives Florida Notaries some flexibility in completing out-of-state certificates, as long as they include all required elements and the wording aligns with state law examples. In California, Notaries cannot complete jurat or proof of execution certificates from out of state. Instead, they must use a separate certificate with wording that matches the state requirements exactly. However, they can complete an out-of-state acknowledgment certificate as long as the document will be filed outside of California and the wording does not require the Notary to make determinations not permitted by law. If you have any queries about your state's requirements, contact your state Notary agency or the NNA Hotline. Quick Tips For Out-Of-State Notary Certificates Tip #1 Identify the type of notarization required by the out-of-state certificate. If you are unfamiliar with the style and wording of the certificate, look for keywords and phrases that indicate the type of notarization needed, such as "acknowledged," "subscribed and sworn to," or "signed and sworn to." Tip #2 Verify the venue on the out-of-state Notary certificate. The "venue" section on a notarial certificate should always reflect the state and county where the notarization took place, not necessarily where it was prepared or will be filed. If the certificate has a different venue filled in, correct it accordingly. Tip #3 Assess whether the variations in certificate wording are significant. If you are in a state that requires substantial compliance, compare the certificate on the document with the statutory form usually found in your state's Notary handbook. For example, if the statutory form mandates the inclusion of the notarization date but the out-of-state certificate does not, it may not be compliant. If the statutory form reads, "Before me, John Smith, Notary Public..." and the out-of-state wording is similar, such as "Before me, the undersigned Notary Public of said state...," then the certificate is likely acceptable. Tip #4 When uncertain, use a separate certificate. If you are unsure about the out-of-state certificate, it is advisable to err on the side of caution and replace it with your own. However, first confirm with the signer that a separate certificate would be acceptable.

Violating Notary laws can have serious consequences, including jail time, loss of commission, or costly lawsuits. While law enforcement may not always be actively monitoring Notary practices, breaking the rules can lead to fraudulent activities that harm individuals and businesses. In this article, we will discuss four illegal actions that Notaries should avoid, the reasons behind these prohibitions, and the potential penalties. Illegal Notary Act 1: Providing False Information on a Notary Certificate What does this entail? Sometimes, individuals request Notaries to falsify information on certificates to expedite document processing. This includes backdating or altering details to meet deadlines. Never engage in such practices! Why is this illegal? Notarizations are relied upon for document integrity; falsifying certificates can enable fraud. What are the consequences? Knowingly falsifying a Notary certificate is a punishable offense in every state, with penalties varying from misdemeanors to hefty fines. Illegal Notary Act 2: Not Requiring Personal Appearance for Notarization What does this involve? Notarizing a signature without the signer's personal presence is a common illegal act that can lead to identity fraud and other crimes. Why is this illegal? Personal appearance is crucial for verifying the signer's identity and willingness to sign documents. What are the consequences? Failure to require personal appearance can lead to civil infractions or even misdemeanor charges in some states. Illegal Notary Act 3: Allowing Unauthorized Use of Your Notary Seal What does this mean? Only the commissioned Notary is permitted to use the official seal for notarizations. Why is this illegal? Unauthorized use of the seal can lead to fraudulent activities, putting the Notary at risk of penalties. What are the consequences? Penalties for allowing others to use your seal range from misdemeanors to civil penalties, depending on the state. Illegal Notary Act 4: Overcharging for Notary Services What does this mean? Charging fees above the state's limits or for unauthorized services is prohibited. Why is this illegal? State laws regulate Notary fees to protect customers from unfair pricing practices. What are the consequences? Violating fee regulations can result in severe penalties, including commission suspension or revocation, in addition to civil or criminal liabilities. David Thun is the Editorial Manager at the National Notary.

To enhance your understanding of Notary standards of practice, the NNA presents a real-life Notary case scenario and poses the question: What course of action would you take? A couple, the husband and wife, reach out to you seeking notarization of their signatures for a condominium purchase. During the meeting, when they request notarization of the wife's signature, she apologizes for not having her official ID but presents a photocopy as an alternative form of identification. Upon inspecting the photocopy, you observe that the identification details are from 30 years ago and have expired. Furthermore, the signer appears significantly younger than the date of birth indicated on the ID copy, adding to the confusion. The signers acknowledge the poor quality of the ID photocopy and explain that the outdated information is the reason for the difference in appearance. They inquire whether you would proceed with the notarization despite these circumstances, emphasizing the importance of the purchase to them. What action would you take? Do you consider the photocopy sufficient as proof of identity, and is the signer's explanation regarding the outdated copy plausible? Or do the inconsistencies raise concerns? How would you manage this scenario? Would you proceed with the notarization, decline it, or opt for another approach? Feel free to share your responses in the comments below. Your input may be featured in next week's Bulletin article, where we will provide the recommended response to this notarial dilemma.

Being a co-owner of a nationwide signing service, I successfully transitioned from a full-time truck driver to a Signing Agent business. I want to reassure you that even if you are new to the field, you can still secure work opportunities! Our company frequently assigns tasks to new Notary Signing Agents. Companies do not only consider experience when looking for candidates. If you can demonstrate professionalism, proper training, and trustworthiness, you can still receive assignments despite being a novice. The key is to effectively communicate these qualities to the companies you wish to collaborate with. Here is how you can do it: Engage with clients through phone calls or face-to-face meetings. Self-marketing is crucial for any business endeavor. The Notary Signing Agent/mobile Notary profession relies on building relationships, and nothing establishes relationships better and quicker than direct communication with potential clients. When I started as a new Signing Agent, I secured signings by proactively calling a list of 5 to 7 companies daily. I even followed up with the same services multiple times a day. Persistence paid off for me. Many NSAs primarily rely on email communication when seeking work due to its convenience and lack of direct interaction. However, this can be a mistake. While speaking on the phone or meeting in person may seem daunting, it adds a personal touch to your introduction and can significantly impact your success in obtaining assignments. If you are not comfortable with phone calls or face-to-face interactions, consider practicing your introductions with someone to boost your confidence. Look for a local Notary network to join, where you can seek advice and feedback from colleagues. Do not hesitate to explore new strategies or step out of your comfort zone. It can enhance your business marketing skills. Emphasize the value you bring. What does "leading with value" mean? When reaching out to companies, focus on what you can offer them rather than what they can do for you. For instance, instead of asking, "Do you have any signings available for me?" try saying, "I'm reaching out to see how I can assist you and enhance the experience for your customers in need of loan signings." This approach conveys that you are offering value to the company rather than seeking something from them. Also, highlight any additional skills you possess, such as proficiency in other languages or authorization for remote notarizations in your state. Demonstrate professionalism and flexibility. If given the choice between hiring a new NSA who shows dedication to exceptional customer service and an experienced Signing Agent with poor customer interaction, I would opt for the former. When a Signing Agent contacts me, two factors make me more inclined to offer them work, even if they lack extensive experience: Professional dedication. A Signing Agent captures my attention by showcasing a willingness to go above and beyond to deliver excellent service. For example, stating, "Although I am new to this, I guarantee the quality of my work. If I make an error on a document, rest assured I will promptly rectify it," demonstrates a commitment to top-tier service. Flexibility in availability. If you are starting part-time as an NSA, and your schedule only permits taking assignments during evenings or weekends, that is perfectly fine. Position this as a positive attribute. Inform companies of your availability during these hours, as many service providers struggle to find Signing Agents at short notice during these times. Use this to your advantage. Remember, experience is not the sole determining factor. Even as a novice Signing Agent, presenting yourself in the right manner can help you secure work. Once you land your initial assignments, professionalism and strong work ethics will pave the way for a solid reputation and further success.

1. Am I allowed to notarize the document? The primary concern is to determine if the laws in your state or jurisdiction permit you to carry out the requested action on the document. While most cases involve straightforward acknowledgments or jurats, some situations may be more complex, such as the Form I-9 used for verifying employee eligibility to work in the U.S. The I-9 Form does not require notarization, but the Handbook for Employers mentions that a Notary Public can assist a new employee in completing Section 2 as an "authorized representative." Different states offer specific guidance to Notaries regarding I-9 forms. For instance, in Texas, the Secretary of State's office advises Notaries not to certify or seal I-9 forms but can help in filling them out in a non-Notary capacity. In California, Notaries are prohibited from completing I-9 forms unless registered and bonded as immigration consultants. Furthermore, some companies have instructed Notaries to sign as "Notary Public" under their signature or notarize their own signatures on the form, which is not permissible in any state. There are instances where state Notary regulating officials provide instructions for notarizing unusual documents that may contradict standard practices. For example, the California Secretary of State's 2014 newsletter stated that California Notaries could countersign deer and bear tags for hunters. Notaries are not required to complete a notarial certificate, affix seals, or charge fees for this service but must countersign the tag and record the act in their journals. 2. Is there space for my Notary seal? Certain government documents may require a standard acknowledgment or jurat but provide limited space for affixing a seal impression. For forms like the "TSP-70," used by former federal employees to withdraw funds from a government savings account, there may be insufficient space for the seal. In such cases, the NNA recommends that Notaries with rectangular seals place the seal vertically in the left-hand margin without covering the text. Notaries with circular seals may face challenges if state laws prohibit placing the seal over text or signatures on the document, necessitating a refusal to notarize. 3. Can I use the provided notarial certificate wording? Florida Notaries should decline to notarize Form TSP-70 due to state laws requiring notarial certificates to contain at least nine specific elements. Since Form TSP-70 does not meet these requirements and does not allow for an alternative form, Florida Notaries cannot proceed with the notarization. 4. What options do I have if notarization is not permitted by law? If a government agency's requirements conflict with state laws, Notaries should inquire if an alternative method is acceptable. For example, a medical license form from Ohio may request the Notary seal over a photograph, which could pose challenges. In such cases, Notaries can try alternative approaches, such as affixing the seal near the signature, placing a partial seal over the photo, or attaching a certificate form with space for a clear seal impression, subject to approval by the receiving agency.