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  • How do you handle out-of-state Notary certificates?

    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.

  • 4 illegal things Notaries should never do — and why

    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.

  • Who may view a Notary Signing Agent's journal entries?

    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.

  • What Would You Do: The case of the copied ID

    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.

  • How to get work as a new Notary Signing Agent

    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.

  • Questions to ask when notarizing unusual government forms

    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.

  • What should I do if I have to resign my Notary commission?

    Whom should I inform when I decide to resign? When you choose to resign, you should inform the commissioning agency in your state, usually the Secretary of State. The notification should be in writing and sent via certified, return receipt, U.S. mail. Some states may allow or require the resignation to be submitted through an online portal established for managing Notary commissions. In California , Notaries Public must inform the Secretary of State in writing of their intention to resign. In Florida , a Notary Public wishing to resign must send a signed letter of resignation to the Governor and include their certificate of commission. If they do not have the certificate, the Notary must state in the letter that they do not possess the certificate of commission. What should I do with my Notary seal? Most states, such as Illinois , require you to make your Notary seal inoperable. For a rubber-stamp seal, a pen knife or another small-bladed knife can be used to cut up the rubberized part of the seal, causing the stamp's impression to be distorted. For seal embossers, simply put a few drops of instant super glue on the molded part and close it. Due to the glue, it will remain shut, and even if it's pried open, the molded part will be distorted, and no clear embossment can be created. Some states, like North Carolina , mandate that Notary seals be returned directly to the Secretary of State for destruction. What should I do with my Notary journals? Requirements differ from state to state. In Arizona , Notaries must deliver their seals and any journals containing public records to the Secretary of State within three months. California and Texas require a Notary Public to deposit their journals with the county clerk's office where the Notary's oath and bond are on file. Illinois Notaries must keep their journals for five years after the end of the Notary's commission. Montana Notaries who resign their commissions must retain the journals for 10 years after the last entry or opt to leave them with an approved repository. The Secretary of State has a form that must be signed by the Notary and the proposed custodian and approved by the Secretary of State before the journals can be transferred to another repository. In Pennsylvania , resigning Notaries deliver their journals to the office of the recorder of deeds in the county where the Notary last had an office within 30 days of the commission resignation date. Be aware of your state's requirements Some state laws do not specify what to do with your Notary supplies upon resignation. In such cases, the recommended best practice is to inform your Notary commissioning authority in writing or adhere to the practice standards of The Notary Public Code of Professional Responsibility for disposing of your seal and retaining your journal. The Code instructs Notaries to destroy all Nota ry seals and store all Notary journals for at least 10 years from the last entry in a journal.

  • Tricks fraudsters use to scam Notaries

    The main objective for fraudsters is to persuade you to bypass the requirement of having the signer physically present or to accept the identification of an impersonator. To achieve this goal, fraudsters employ various tactics. Here are 5 common strategies that will help you identify them when they arise: Fraudsters may urge you to rush Fraudsters may request a favor from you Fraudsters may use charm to manipulate you Fraudsters may appeal to your sympathy Fraudsters may exert pressure by leveraging their authority Strategy 1: Urging you to rush If a signer insists, “I'm in a hurry; I only have 5 minutes,” the aim is to distract you and prompt you to take shortcuts during the notarization process, potentially leading to oversight in verifying identification or obtaining necessary signatures. Strategy 2: Requesting a favor Unfortunately, this favor may come from someone familiar to you. For instance, a Notary was asked by an employee to notarize her parents' signatures on a property deed without their presence. The employee had forged the signatures and secured a loan against the property without the parents' knowledge. Strategy 3: Using charm This tactic involves engaging you in pleasant conversation to lower your guard. The intention is to distract you from scrutinizing a fake ID or questioning an inconsistent story. Strategy 4: Pleading for sympathy One instance involved a woman who fabricated a story about her husband's inability to sign due to wrist surgery. The man present was an impostor, but the Notary, swayed by sympathy, failed to thoroughly verify his ID, resulting in a significant loss. Strategy 5: Pressuring with authority A grand jury report from New York City highlighted cases where Notaries were deceived by individuals holding respected positions like attorneys or police officers. It can be challenging to refuse when the signer is a first responder, military personnel, or another influential figure. Protecting Yourself as a Notary While these tactics may appear straightforward, they are effective. Stay vigilant, follow each step of a proper notarization meticulously, and resist any attempts to rush or omit essential procedures. If someone tries to hurry you or distract you, take your time and ensure every step is completed accurately. Refuse to finalize the notarization until you have double-checked all details. If someone appears hesitant or overly rushed, suggest they return when they have more time. Emphasize that you cannot offer special treatment, regardless of their identity or circumstances. By adhering to these practices, you can safeguard yourself and potential victims from significant trouble.

  • How Four Notary Solopreneurs Handle Work-Life Balance

    Many professionals struggle with work-life balance, but solopreneurs face a particularly tough challenge. We interviewed four Notaries to discuss their difficulties in maintaining a healthy work-life balance and the strategies they have employed to overcome them. Finding Priorities Janae Blatch - Florida Academy of Notaries Janae Blatch, a Notary based in South Florida , did not intend to become a full-time business owner. However, when the pandemic hit, she transitioned from a successful career in education to working as a loan signing agent for extra income. Initially part-time, her signing agent work became so successful that she discovered a passion for it. This led her to establish the Florida Academy of Notaries to provide training resources for other Notaries while utilizing her education skills. Despite enjoying her work, Blatch realized that it was encroaching on her family time. During a vacation, her children asked her to stop working and put away her laptop, highlighting that family time should not be compromised for work. After this realization, Blatch reevaluated her priorities and shifted her focus to prioritizing her life rather than striving for a work-life balance. By setting clear priorities and addressing tasks in order of importance, she found it easier to maintain perspective. Janae’s Takeaway Blatch emphasizes the importance of soul-searching to identify priorities, leading to significant workflow changes. She now limits her work hours, abandons the "hustle mindset," and avoids comparing herself to others to stay true to her priorities. The Beauty of Downtime Sue Hope - NotaryAssist Sue Hope, the owner of Notary Assist Software , has been in business since 1999 but continues to learn how to manage work-life balance effectively. Hope stresses the importance of setting office hours to create a clear boundary between work and personal time. By establishing specific work hours and physically leaving her home office at the end of the day, she can separate work from her personal life. Building a network of trusted colleagues has also been instrumental for Hope. This network allows her to take time off confidently, knowing that her clients are in good hands with her partners. Hope highlights the significance of downtime for generating ideas and fostering creativity. She believes that allowing time for relaxation and solitude is essential for maintaining a healthy work-life balance. Sue’s Takeaway Hope advocates for carving out downtime to realign ideas and enhance creativity, emphasizing the importance of relaxation and spending time with oneself or loved ones. Following Her Own Path Vanessa Terry - Notary2Notary Vanessa Terry, the owner of Notary2Notary , acknowledges the challenges of achieving work-life balance, especially while expanding her business. Terry recognizes the need for a personalized approach to work-life balance and refrains from comparing herself to other solopreneurs. By learning to say no and setting clear priorities, she aims to prevent burnout and maintain a healthy balance between work and family. She also emphasizes the importance of freeing up time by delegating tasks and reevaluating social expectations. Terry encourages individuals to find creative solutions that work best for them, rather than conforming to societal norms. Vanessa’s Takeaway Terry advises Notaries to think innovatively and embrace unconventional approaches to life, suggesting that breaking away from traditional norms can lead to significant improvements in work-life balance. The Gift That Keeps on Giving Daniel Lewis - Lewis Notary Services Daniel C. Lewis of Lewis Notary Services desired more family time despite enjoying long workdays as a signing agent. His decision to coach his son's basketball team marked a pivotal moment, demonstrating that work and personal life can be effectively managed with the right priorities. By defining his business goals and creating a structured schedule that includes family time, Lewis found a balance that worked for him. He also formed referral partnerships to enhance his business and free up more time for his family. Through these changes, Lewis discovered the joy of spending quality time with his children and passing on the values of discipline and work-life balance to them. His example has influenced his children to effectively balance their own work and family commitments. Daniel’s Takeaway As a grandfather, Lewis recognizes the lasting impact of his lessons in work-life balance, viewing it as a valuable gift that continues to benefit his family. His experience underscores the importance of prioritizing family time and creating a harmonious balance between work and personal life.

  • FAQ: Can I notarize documents in other states or countries?

    Update 7-8-24. Notaries often ask the NNA if they can notarize signatures when visiting a different state or a foreign country. We’ve prepared this guide to help answer your questions about notarizing in other states or nations. Can I perform notarizations in other states? Most U.S. states and jurisdictions only authorize commissioned Notaries Public or other notarial officers recognized under state law to perform notarial acts within the borders of the commissioning state or jurisdiction. For example, a Notary commissioned in California or  Florida  may perform notarizations anywhere within the commissioning state’s borders, but may not perform a notarization in another state such as  Georgia . There are a handful of states that permit notarizations outside the state, but only under specific conditions or for certain types of documents: Kentucky Notaries may apply to get a Special Commission, which authorizes them to notarize documents inside or outside the state as long as the document will be recorded in Kentucky (KRS 423.110[6]). Special Commission Notaries may be nonresidents. (Also see “Remote Online Notarization” below for additional information.) Montana allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently, only Wyoming and North Dakota do this (MCA 1-5-605[4]). (Also see “Remote Online Notarization” below for additional information.) North Dakota allows its Notaries to perform notarial acts in a state that recognizes the Notary's authority. Currently, only Montana does this (NDCC 44-06.1-09). (Also see “Remote Online Notarization” below for additional information.) Virginia Notaries may notarize a document inside or outside the Commonwealth if the document will be used in the Commonwealth or by the U.S. government (COV 47.1-13[B], 47.1-13.1). (Also see “Remote Online Notarization” below for additional information.) Wyoming allows its Notaries to perform notarial acts in a bordering state that recognizes the Notary's authority — currently only Montana does this (WS 32-3-104[b]). (Also see “Remote Notarization” below for additional information.) Can a Notary commission be transferred? Many Notaries have asked, “If I move to another state, can I transfer my current Notary commission to my new state?” The answer generally is “no” — Notary commissions are not transferable between states. If you are relocating to another state, you need to resign your current commission and apply for a Notary commission in your new state. However, in some jurisdictions, it is possible to hold more than one Notary commission if you live in one state and work in another that allows nonresidents to hold a Notary commission (see “Can a Notary hold commissions in multiple states?”  below).  Can I travel to another country to notarize? Certain individuals may hold special commissions from the federal government to notarize overseas. Some serving U.S. military personnel are authorized to notarize for military members and their families on U.S. bases in other countries. With the exceptions of the special commissions and situations listed above, Notaries commissioned by a U.S. state are not able to use their Notary commission when physically located overseas. Also, officers of the foreign service of the United States and consular agents at U.S. embassies and consulates are authorized under federal law to notarize documents abroad. However, these specialized commissions are not available to Notaries commissioned by U.S. states and jurisdictions. Remote Online Notarization (RON) Currently, more than 40 states have enacted permanent statutes authorizing qualified Notaries to perform remote online notarizations (RON) . These acts permit the Notary to interact with the signer remotely using audiovisual technology over the internet instead of appearing in person before the Notary. Many states that authorize RON permit remote notarizing for signers located in a different state or country than the Notary. However, when performing a RON, the Notary must always be physically present in the commissioning state during the notarization. Can a Notary hold commissions in multiple states? Some jurisdictions allow individuals to apply for a Notary commission in more than one state. In New York , nonresidents may apply for a New York Notary commission, provided they have an office or place of business in New York State. For example, a New Jersey resident who has an office in New York could hold a New Jersey Notary commission and a New York Notary commission, authorizing the person to notarize in both states. If you wish to obtain a Notary commission in another state, always check the laws of the state you reside in as well as the state you wish to be commissioned in to make sure it is permissible in both jurisdictions and you meet all eligibility requirements.

  • Notary Signing Agent Document FAQ: USA PATRIOT Act CIP Forms

    What is the purpose of the USA PATRIOT Act CIP Form? Signed into law in 2001 in the wake of the 9/11 terror attacks, the U.S. PATRIOT (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act established measures to prevent, detect and prosecute persons engaging in money laundering and terrorism. In 2003, regulations to implement Section 326 of the Act required all financial institutions to establish a Customer Identification Program (CIP) for identifying all new account holders. This requires banks and other lending institutions to have a written procedure in place to establish the identity of customers, including home loan borrowers. Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete a USA PATRIOT Act CIP form to certify the NSA properly identified the borrower at the signing appointment. Completing this form helps financial institutions, including the nation’s mortgage lenders, to fulfill their PATRIOT ACT regulatory obligations. Are there other terms for a USA PATRIOT Act CIP Form? Yes. It may be included in a loan package under other names, such as “Verification of Customer Identity,” “PATRIOT Act Information Form,” or “PATRIOT Act Disclosure — Borrower Identification,” among others. What types of loan document packages include a USA PATRIOT Act CIP Form? These forms have been regularly included in various types of loan packages since 2003. Does a USA PATRIOT Act CIP form require notarization? No, it does not. However, because a Notary Signing Agent is present at the loan signing involving a lender’s loan, the NSA represents the lender in obtaining the information required in the form. What information is required to complete a typical PATRIOT Act form? Typically the Signing Agent will be asked to complete the following information on the form: The name of the borrower(s), along with other information such as the borrower’s date of birth, Social Security number or tax ID number. Information about any identification documents used to verify the borrower’s identity, such as the type of ID, the ID identification number, and the date of issuance and expiration for the ID. Some forms may also ask the NSA to include the state or organization that issued the ID.

  • Notary Tip: Using supplementary ID

    In most cases, you can request a secondary form of identification, but the specific type of ID required varies based on the regulations of your state. Some states have stringent criteria for the types of identification that can be used, while others are more flexible. In some states, the decision on what ID to accept is left to the discretion of the Notary. One common challenge faced by Notaries is the discrepancy between the appearance of the signer and their ID photo or description. However, this does not necessarily indicate that the signer is an imposter. In many states, ID photos are not updated for long periods, leading to significant changes in a person's appearance over time. For instance, in Arizona, standard driver's license and ID card photos are updated only every 12 years until the driver turns 60, although REAL ID-compliant Voluntary Travel IDs issued by the Arizona Department of Transportation must be renewed every eight years. States with strict ID regulations, such as Florida, California, and Tennessee, provide specific lists of acceptable IDs that Notaries must adhere to when verifying a signer's identity. These lists typically include state-issued driver's licenses and ID cards, U.S. and sometimes foreign passports, and other designated U.S. or government-issued IDs. If you work in a state with strict ID rules, ensure you are familiar with the specific IDs permitted under your state's Notary laws. In states with general ID rules, such as North Carolina and Texas, the laws outline the necessary elements an ID must possess without specifying particular acceptable IDs. Notaries in these states have a broader range of supplementary IDs available that comply with the general requirements set by law. Some states lack specific ID requirements but may offer optional guidelines for Notaries to follow. For example, Alabama suggests an ID document with a photo, physical description, and signature, while Arkansas recommends a government-issued ID card with a picture and signature. In these states, Notaries have more discretion in determining acceptable supplementary IDs, as they are required to satisfy their own judgment rather than conforming to a particular state law. While university IDs or library cards may be considered in some cases, it is essential to remember that Social Security cards and similar documents are easily counterfeited and lack crucial elements for identity verification, such as a photo and physical description. If you have doubts about the primary ID presented, do not compromise on the standards for accepting a supplementary ID. Always bear in mind your responsibility when certifying the identity of a signer. Regarding marriage licenses, Notaries often inquire about their validity as supplementary IDs, particularly when a newly married individual is using their married name but possesses an ID in their maiden name. Since marriage licenses typically contain limited identifying information, it is not recommended to rely on them as supplementary IDs.

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