
Amanda Farrell - 2 years ago
Notaries provide a vital service to their communities. A notarized document holds a greater sense of validity and authority than a document without a notary seal, so specific steps must be taken to protect the public from fraud and the notary from a lawsuit.
If you’re a newly commissioned notary, make sure you understand the process of each notarial act thoroughly before performing one. On the other hand, if you’re a veteran, it never hurts to review the basics.
Notaries play an essential role in stopping fraud. Each of the following steps is an integral part of the process to protect the public.
To deter fraud and protect you from getting into trouble, each signer must appear before the notary public. There are three methods of identifying the signer:
Each state has rules about which of these methods can be used, how personally known is defined, and requirements for using a credible witness. For example, in California, notaries aren’t allowed to rely on personal knowledge to identify the signer. In some states, like New Mexico, both the notary and the signer must know the credible witness, or a second witness is required. In others, like Florida, the oath of the witness is recorded in a written affidavit.
The most common method is using a valid government ID to verify the signer’s identity.
A notarization applies to the entire document, not simply the signature page. So notaries need to take a minute to scan the document for vital information, doing their best not to invade the signer’s privacy. Some reasons to examine the entire document include:
While it may be uncommon, some criminals will attempt to commit fraud by slipping in a document with another individual’s name into a pile of others that are legitimate. What seems like friendly banter may be an attempt to distract the notary from noticing. So it’s essential to review each document for these issues, resolve them before moving forward, or refuse to complete the notarization.
If possible, ask for the document or documents before meeting with your client so you have time to review them before the scheduled signing appointment. Sometimes, the document may be missing the notarial certificate completely. Ask the signer which certificate they would like to attach to the document. If they are unsure, you may describe the different notarial acts and their corresponding certificate and let the signer choose. However, choosing one on the signer’s behalf is considered the unauthorized practice of law.
If the signer still isn’t sure, recommend they contact the company that issued or is receiving the document. Alternatively, the signer may want to consult an attorney for instructions.
The notary process isn’t bulletproof. Sometimes, fraud or discrepancies may still occur even when following each step to the letter. A detailed journal entry with the following information will help protect a notary from accusations of wrongdoing:
Some states don’t require a journal for traditional notarizations. Still, it serves as a vital resource to prove your compliance with laws and protect you against lawsuits and criminal prosecution if fraud or discrepancies should arise. Long-time clients will also appreciate your good recordkeeping should they have questions about a previous notarization.
Since you’ll need the signer’s signature, be sure to complete this step before filling out the notarial certificate and stamping the document.
Many notarial acts require an oral statement by both the notary and the signer. Speaking to the signer and observing his or her demeanor is an important step in determining their lucidity, understanding, and willingness to sign.
Here are some of the questions a notary asks depending on the notarial certificate:
Oaths and affirmations have the same function, so the signer can usually choose which one they prefer. Always perform the verbal ceremony when required. It provides a higher level of professionalism and an additional step to allow signers to consider what is being signed.
The final step is to fill in the information on the notarial certificate and place your stamp on the document:
Remember that the venue is always the place where the notarization took place. During a remote online notarization, the venue is wherever the notary is located.
If you notice any missing or incorrect information, cross it out and initial and date it. Some states are strict on when you can make these corrections. For example, in Florida, notaries can’t correct or amend a certificate once the notarization is complete, even if the signer is still present. Instead, a new certificate must be completed.
Most general notary work takes a few minutes to complete, but it’s important not to rush these steps. Missing one of them could lead to a lawsuit or a critical document being rejected by a recorder. On the other hand, slowing down to make sure the process is done correctly will save both notaries and their clients hassles in the future.
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