Notary Training

Pataasin ang iyong marka sa homework at exams ngayon gamit ang Quizwiz!

. You are in the middle of a loan signing. As you wait for the borrower to sign, he suddenly puts down the document. "I think these interest rates are a lot higher than normal," he says. "You've done a lot of loan signings. I'd like to know your opinion." What's wrong here?

A Notary Signing Agent may not explain, interpret or provide legal advice or opinions about a borrower's loan terms. If the borrower has concerns about the terms of the loan, the borrower needs to contact the lender or title company.

1. How much are Notaries allowed to charge for notarizations?

A Notary may charge up to the maximum notarization fee set by state law. This can vary significantly between states — California's maximum fee is $15 and Tennessee permits its Notaries to set their own fees.

A customer you don't know personally brings you an insurance form and asks you to take her acknowledgment of her signature. For ID, she hands you a black and white photocopy of a driver's license. "I lost my driver's license, so I'm using this as ID until I can get a replacement," she says. What's wrong here?

A customer you don't know personally brings you an insurance form and asks you to take her acknowledgment of her signature. For ID, she hands you a black and white photocopy of a driver's license. "I lost my driver's license, so I'm using this as ID until I can get a replacement," she says. What's wrong here?

1. During a jurat a Notary must:

A jurat requires a document signer to make a legally binding promise that the contents of the document are truthful. The signer has the choice of taking an oath (a promise of truthfulness to a higher power) or an affirmation (a promise of truthfulness made on personal honor), depending on the signer's preference. Oaths and affirmations are equally binding and the signer may choose either one when requesting a jurat.

2. A customer brings you a document from another state. You notice the venue section on the notarial certificate has the wrong state listed. "Can you just fix it?" the customer asks. "I was told not to attach anything else to the document." A. I do as the customer asks.B. Sorry, no can do!

ANSWER: A. Yes, in this situation you can correct the error in the notarial certificate wording. You could line through the incorrect venue information, write in the correct state and initial and date the correction. However, it's important to remember that as a Notary, you may only correct errors in the notarial certificate wording — you are not authorized to correct errors in the main body of the document.

1. Your boss asks you to notarize an important business document. One of the signers is a wealthy client. Your boss says not to ask for his ID. "He's a VIP and I don't want to offend him," the boss says.A. I do as my boss asks.B. Sorry, no can do!

ANSWER: B. A Notary cannot waive a notarization requirement simply because it might inconvenience or offend an important client, customer or benefactor of the Notary's employer or obligation. What's more, if the person making the request is your boss, you might suggest that it's improper to ask you to ignore any identification requirements in state law.

4. One of your co-workers stops by your desk. "Hey, can I borrow your Notary seal?" she asks. "I need to process some forms quickly. Your boss said it's OK since the company paid for your commission." A. I lend my co-worker my seal.B. Sorry, no can do!

ANSWER: B. It is fraud and a criminal act for anyone other than the Notary to use their Notary seal. A seal is not a business tool that can be shared around the workplace — even if your employer paid for your Notary commission or tools. Any person who unlawfully uses your seal could potentially be subject to fines, jail time or both. You also could be subject to legal penalties. For these reasons, your seal must remain under your direct and exclusive control at all times.

2. If a document signer is identified by one or more credible witnesses, the Notary may:

B. Only charge the document signer a fee Some Notaries have contacted the NNA asking if they may charge fees if a signer must be identified by one or more credible witnesses, since the Notary must administer an oath or affirmation to the witnesses. The answer is no — only the signer may be charged a fee. Administering an oath or affirmation to a credible witness is simply part of the identification process, not a notarization for which you can charge a fee.

You are in the middle of a closing when the lender calls you. "We had a problem with the interest rate we promised," the lender says. "To make sure the borrower gets the promised rate, can you please backdate the date of any notarizations to yesterday? It's just a minor paperwork issue, no big deal." What's wrong here?

Backdating a Notary certificate or entering any other false information on a Notary certificate, is against the law, and could result in you losing your commission, being sued for any resulting financial damages, or even facing criminal charges. Never agree to a request to falsify information on a Notary certificate during a loan signing.

2. When completing the venue section of Notary certificate wording, you should write down:

C. The state and county where the notarization takes place. Many Notaries have contacted the NNA asking what information should be entered in the venue section of the Notary certificate. The venue always refers to where the notarization takes place. Always be sure to enter the state and county where the notarization occurs in the venue section.

A man asks you to notarize a financial document. As you notarize his signature, he slaps his forehead. "I'm so sorry!" he says. "I forgot that my wife's signature needs to be notarized too, but she's at work. Please notarize it with an acknowledgment and I'll vouch for her identity, OK?" What's wrong here?

C. The wife is not physically present. Without the wife being present, you have no way to confirm she is signing this document willingly or if her signature is genuine. A telephone call is insufficient, because you have no way of knowing if you are speaking to the wife or someone else. A Notary cannot simply accept a spouse's or family member's request to notarize an absent person's signature — even under oath. There have been many cases of Notaries who did so only to find out the spouse or relative was committing fraud against the absent person.

When requesting a jurat, a signer must:

C. When requesting a jurat, the person requesting the jurat and taking the oath or affirmation must sign the document in the Notary's presence. Even if the individual previously signed the document, the document must still be signed in the Notary's presence.

When administering an oath or affirmation for a jurat, it is recommended that the Notary should:

D. An oath or affirmation is a serious promise of truthfulness, with binding legal consequences. While not required by state law, it is a recommended standard of practice for the Notary to ask the signer to raise their right hand to demonstrate the seriousness of the promise being made. When responding to the Notary, the signer should answer with a clear, spoken response. They should not respond with a nod or ambiguous sounds such as "uh-huh" or "mm-hmm." And both parties should avoid jokes or inappropriate behavior.

A signing service calls to ask if you are available for a loan signing tomorrow. "Be sure to include some extra signed and stamped Notary certificates with the loan package when you return it," the caller says. "That way, if there's a mistake, we'll just attach the extra certificates for you." What's wrong here?

D. It is a highly improper practice — and prohibited by law in many states — to provide anyone with pre-signed, pre-stamped Notary certificates. ANSWER: D. Providing a pre-signed, pre-stamped, unattached Notary certificate is against the law in many states, including California, Florida and Mississippi. Other states require the certificate to be completed at the same time the notarization takes place, not before or after. Even if you are commissioned in a state that does not explicitly ban this practice in statute, as a professional standard the Notary Signing Agent Code of Conduct specifically prohibits NSAs from complying with such requests due to the risk of an unattached certificate being used for fraud once out of the Signing Agent's control.

3. A neighbor asks if you can notarize a loan document. "Can I ask you a question?" he says. "If I sign this, will I get into legal trouble if the loan doesn't go through?" A. I answer the neighbor's question.B. Sorry, no can do!

ANSWER: B. Notaries who are not attorneys cannot answer a signer's legal questions about a document. Doing so may lead to fines, loss of commission or even jail time for the unauthorized practice of law. It's also prohibited for nonattorney Notaries to advise a customer how to prepare or complete a document — Notaries are not even allowed to choose a type of notarial act on a signer's behalf. Even answering seemingly harmless questions like, "How do I fill in this section?" or "What kind of notarization is required for this type of form?" could get you into serious trouble. If a signer has questions about a document, they should contact the agency that issued the document or that will receive it. Or the signer can contact a qualified attorney who can answer legal questions about the document.

1. A customer calls you. "I need a copy of my birth certificate notarized so the agency I'm sending it to has proof it's authentic. Can you do this for me?" What should you do?

ANSWER: C. Certified copies of vital records such as birth, death and marriage certificates can only be issued by the recording office that holds the original document.

5. Out of the four choices below, which form of written or documentary identification is the most trustworthy? A. An ID that contains a signature but no photoB. An ID that includes a Social Security number but no personal informationC. An ID that is government-issued and contains a photograph, signature and physical descriptionD. An ID designed by the signer and printed on a home computer

ANSWER: C. Generally, the most reliable form of signer identification is a government-issued ID that includes a photograph, signature and physical description of the bearer. However, keep in mind that state laws regarding acceptable forms of ID vary — some states only provide general guidelines for the criteria an ID must meet, while other states, such as Florida, list specific forms of ID a Notary may accept. Always be sure to follow your own state's rules regarding signer ID.

2. A Social Security card: C. Is not a reliable form of ID because it lacks a photo or description of the bearer

ANSWER: C. In most cases a Social Security card is not considered an acceptable form of ID. The card only contains a Social Security number — it lacks other pertinent information such as a photo or description that a Notary can use to confirm the identity of the card bearer.

3. What is the difference between a jurat and an acknowledgment? A. A jurat requires the signer to make a promise of truthfulnessB. A jurat requires the signer to sign the document in the Notary's presenceC. Both A and BD. None of the above

ANSWER: C. Unlike an acknowledgment, a jurat (or verification on oath or affirmation) requires a signer to sign the document in the Notary's presence and make a verbal promise of truthfulness (either an oath or affirmation) before the Notary.

7. When is the best time to record a journal entry? A. After the signer has left, to ensure complete privacy of your recordsB. After the certificate and seal are affixed, so you know the notarization was fully completedC. Before the signer arrives, so you aren't imposing additional inconvenience for the signerD. Before you complete the certificate, to ensure you have all necessary information recorded in your journal before the signer leaves

ANSWER: D. Before completing and affixing your seal to the Notary certificate wording. It is a good idea to record all necessary information in your journal entry after the signer arrives, but before you complete the certificate. That way, you make sure the signer doesn't leave before signing your journal entry or providing any other information you require for your journal.

True or False: If there's not enough room on the document, it's OK if your seal covers part of the text or a signature.

ANSWER: False. You should never place your seal impression where it covers other wording or a signature on the document. This is a common mistake that can lead to the notarization being rejected by the receiving agency. If space for a stamp is limited, place your seal in the closest blank area you can near your signature.

8. True or False: Even if not required by state law, keeping a journal can provide you with valuable evidence that protects you in the event of a lawsuit.

ANSWER: True. Notaries are sometimes named in lawsuits months or years after a notarization takes place — which makes it nearly impossible to recall details of the event in court. But a well-kept Notary journal entry can provide evidence that you exercised reasonable care during the notarization, which can help protect you from being held liable and forced to pay damages in a lawsuit.

3. True or False. A Notary may accept an identification document that lacks a signature if state law specifically permits the Notary to do so.

ANSWER: True. Some states list specific IDs that a Notary may accept as satisfactory evidence of identity, even if the ID lacks a signature.

6. True or False: A signer not personally known to the Notary and lacking ID can sometimes be identified by one or more credible identifying witnesses.

ANSWER: True. The oath or affirmation of a credible identifying witness can be used to identify a signer if the signer lacks other proof of identity. Essentially, the credible identifying witness acts as a "human ID card" who vouches for the signer's identity. In some but not all states, the credible identifying witness must be personally known to both the signer and the Notary. In other states, the witness may be identified with written identification if he or she does not know the Notary. Some states allow two credible witnesses, as long as the witnesses can provide written or documentary ID for themselves. Again, always be sure to follow your own state's rules regarding use of credible identifying witnesses.

8. What does an "affirmation" during a notarization require?

An affirmation is a promise made by a signer on their personal honor to tell the truth during a notarization. An affirmation is different than an oath, which is a personal promise of truthfulness made to a deity or higher power. The signer may choose to take an oath or an affirmation before the Notary, based on the signer's preference.

2. For Notaries, a "protest" is:

An archaic form of notarization used by banks to make legal claims about unpaid debt. A protest is a method under the Uniform Commercial Code for banks and financial institutions used to make a legal claim for an unpaid debt. While it's an archaic process that has been largely replaced by modern collection methods, some states still allow Notaries to perform protests.

4. What is an "attorney in fact?"

An attorney in fact is a person authorized to sign documents on behalf of another party, known as a "principal." Notarizing for an attorney in fact may have special rules or requirements, depending on what state you are commissioned in.

5. An "embosser" refers to:

An embosser is a type of Notary seal that crimps paper to leave a raised indentation of the Notary's seal impression on a page. Embossers are not permitted for use by Notaries in every state, though some states permit Notaries to use embossers as an optional addition to a mandatory ink stamp.

. A signer may take either an oath or affirmation when requesting a jurat. What is the difference between an oath and an affirmation?

B. An oath is a promise to a higher power, while an affirmation is not ANSWER: B. While oaths and affirmations have the same legal effect, an oath is a promise made to a higher power such as a deity while an affirmation is a personal declaration made under penalty of perjury. A signer may choose to take an oath or an affirmation when requesting a jurat, based on the signer's own preferences and personal beliefs.

5. A photocopy of a driver's license:

B. Is vulnerable to tampering and alteration ANSWER: B. A photocopy of a driver's license is not a reliable method for identifying a signer because the photocopy's information can easily be changed from the original document, increasing the risk of fraud.

4. A signer brings you a document that requires the signer to swear that the statements in it are true. But when you are about to administer the oath to the signer, he balks. "I don't believe in God. Can you just perform the notarization and forget the oath?" What do you do?

D. Suggest the signer can take an affirmation in which the signer confirms the statements in the document are true based on personal honor. When notarizing a signature on a document that requires the signer to verbally confirm the statements in the document are true, a signer has two options. The signer may take an oath, which is a promise of truthfulness made to a higher power or the signer may take an affirmation, which is a promise of truthfulness based on personal honor without invoking a deity or supreme being. Both oaths and affirmations are equally acceptable for and a signer can choose which type of promise they prefer based on the signer's personal beliefs.

2. When certifying a copy, does a Notary have to complete a notarial certificate?

D. Yes. The Notary must complete a copy certification certificate and affix it to the copy. After comparing the copy to the original document and verifying it is an accurate copy, the Notary must complete the appropriate copy certification notarial certificate required by state law and attach it to the copy.

1. When requesting an acknowledgment, a signer must:

In order to take an acknowledgment, a Notary must positively identify the signer according to the rules prescribed in state Notary law. Because the individual is asking you to take the acknowledgment of their signature on the document, they must acknowledge to you that it is theirs.

4. Which of the following is true about Notaries charging travel fees?

Travel fees are considered separate from fees charged for notarizations It's a good practice to contact a signer and agree on any travel fees in advance Some states regulate how much Notaries may charge for a travel fee Rules for Notaries charging travel fees depend on each state's laws, but a travel fee is always considered separate from the fee for notarizing. Some states, like Nevada, set a specific amount Notaries may charge for travel. Others, like South Carolina, do not set a specific travel fee amount, but require the Notary and signer to agree on any travel fees in advance. Even if not required by law, it's a good practice to contact a signer and agree on a travel fee before the notarization takes place.

True or False. A person who acknowledges his or her signature may sign the document before meeting with the Notary.

True. A signer making an acknowledgment can either sign the document prior to the notarization or in the presence of the Notary.

Acknowledgments and jurats are different notarial acts, and do not use the same Notary certificate wording.

True. Acknowledgments and jurats are separate acts. With an acknowledgment, the Notary verifies that an individual has willingly signed the document. With a jurat, the Notary verifies that the signer has sworn or affirmed the truthfulness of the contents of a document. Each act requires separate certificate wording — you may not use acknowledgment wording to complete a jurat, and vice-versa.

5. True or False. Notaries may never accept a fee to endorse products with their official seal.

True. Notaries are never allowed to use their commissions or collect fees to endorse a product. For example, if someone offered to pay you to use an image of your seal and say, "As a Notary, I certify that Bosco Waffles are a great-tasting product!" in an advertisement, you would have to say no, because you can't use your commission that way.

3. True or False. A Notary may always charge less than the maximum fee set by state law.

True. Notaries may choose to charge a lower fee to customers, or to waive a fee entirely. In Arizona, Notaries may charge any amount less than the maximum or may charge no fee at all. If Notaries do charge for their services, the state recommendsd fees should "be consistent. That is, the same fee should be charged for each notarization."

True or False. A signer requesting an acknowledgment must declare that he or she willingly signed the document to the Notary.

True. The reason this notarial act is referred to as an "acknowledgment" is because the signer must verbally acknowledge making the signature on the document of their own free will. In most states, the signer must communicate this directly to the Notary. Arizona, however, permits a signer to communicate with Notaries using the help of a third party such as an interpreter.

2. True or False: When performing an acknowledgment, the Notary must always positively identify the signer.

True. When performing an acknowledgment, the Notary must always positively identify the signer according to state law. Depending on the state, this typically involves using acceptable identification documents, the oath or affirmation of one or two credible identifying witnesses or the Notary's personal knowledge of the signer (except in California).

the person whose signature is required must be physically present when being notarized true or false.

true

True or False. If you spot an error in the certificate wording while the notarization is still taking place, you are allowed to correct it.

true. If you see there's an error in the certificate wording while the notarization is still taking place, you may correct it by lining through the incorrect information, printing the correct information legibly, and then initialing and dating the correction. You should make a notation in your journal that you corrected the certificate and record the reason why.

1. Of the following documents, which the most reliable form of signer ID?

A. A current driver's license issued by a U.S. state bearing a photo, physical description, and signature ANSWER: A. While state laws and criteria for acceptable proof of signer identity vary, a driver's license is the most common accepted form of signer ID. The most reliable option would be a currently issued U.S. driver's license that includes the signer's photo, description and signature. While some states permit Notaries to accept an expired license or other expired ID as proof of identity, often there are restrictions because an expired license may contain information that is out of date and no longer valid. Florida, for example, requires an expired driver's license to be issued within the past five years and include a serial identifying number. Also, a foreign driver's license may not be acceptable — California, for example, only allows Notaries to accept foreign driver's licenses issued in Canada or Mexico by an appropriate public agency. Always be sure that a driver's license presented to you meets the requirements of your state's Notary laws. Temporary driver's licenses are less reliable than an official driver's license and generally not accepted as ID for notarizations because they often lack the photo, description or signature found on a standard driver's license. And an application for a license simply includes information provided by the applicant and cannot be used to identify a signer.

When you print or sign your name on Notary certificate wording, your name should:

A. Exactly match your name as it appears on your Notary commission When you sign or print your name on a Notary certificate, your name should exactly match how it appears on your official Notary commission. Do not omit part of your name or use initials if it does not match the commission name you have on file.

1. The most common form of notarization requested by signers is:

A. The acknowledgment. Acknowledgments are the most common type of notarization requested by signers. Unlike copy certifications or protests, every state authorizes Notaries to perform acknowledgments, and acknowledgments are often required on important documents such as deeds, loan agreements and powers of attorney.

You are performing a loan signing for a male borrower in his early 20s. When he hands you his ID, you notice the name on the loan documents is "John Smith, Sr." but the name on the borrower's driver's license says "John Smith, Jr." "John Smith, Sr. is my dad!" the borrower says. "The bank mixes us up all the time. Don't worry, I'll have them correct the loan documents later." What's wrong here?

A. You should never notarize if you know the person named in the loan documents is not the person physically present before you. and B. If there's an error in the loan documents, the lender should be contacted, and a correction requested before proceeding further.; The borrower has admitted that the name on the loan documents belongs to his father, not him. You cannot simply ignore this and complete the loan signing hoping the documents will be corrected later — the improperly notarized documents could be used to commit mortgage fraud against the father, and you have no way of knowing if you are actually speaking to the father if you contact him by phone to ask if the son is telling the truth. The loan signing must be stopped, and the lender informed that the wrong name is on the loan documents and requires correction.

1. What is a "jurat?"

C. A notarization in which a signer promises that the contents of a document are truthful A jurat is a notarization where the signer makes a solemn promise that a document is truthful. For a Notary to perform a jurat, the signer must first sign the document in the Notary's presence. The signer then swears or affirms that the document's content is true and accurate.

What type of certificate wording should a Notary complete when performing an acknowledgment?

C. Acknowledgment wording that complies with your state's laws. When taking an acknowledgment, the Notary must complete appropriate acknowledgment certificate wording that complies with state law. You should never complete certificate wording for a different notarial act such as a jurat when taking an acknowledgment.

1. When certifying a copy, the Notary is:

C. Certifying the copy is an accurate reproduction of the original document. Certifying a copy means that the Notary is being asked to verify that the photocopy or reproduction is a true, complete and correct copy of the original document. Not every state authorizes Notaries to do this. Nebraska and New York, for example, do not permit Notaries to certify any copies, and California limits Notaries only to certifying copies of powers of attorney or photocopies of their own journal entries. Virginia prohibits certifying a copy of court-issued documents.

True or False: A person may take an oath or affirmation in someone else's name.

False. An oath or affirmation is a personal promise to tell the truth. One person may not swear that another individual has told the truth. For example, if John Doe appeared before a Notary with power of attorney to sign documents on behalf of Mary Smith, John could not take an oath saying, "Mary Smith swears that the contents of this document are true" even though John has been granted power of attorney. However, John could swear in his own name: "I, John Smith, swear that the contents of this document are true."

True or False. In most states, if your employer pays for your Notary commission, the employer keeps your Notary journal if you quit your job.

False. Just because an employer paid for your Notary seal and journal doesn't automatically entitle them to keep those tools if you leave the business. In most states, you always keep your Notary tools. However, a few states, such as Arizona and Oregon, have exceptions to this rule. Employers and Notaries must familiarize themselves with state laws regarding ownership of a Notary's tools and always follow those rules.

True or False. It's better to wait to write the journal entry until after the notarization is completed and the signer has left.

False. The journal entry should be recorded while the signer is still there with you and before you complete the notarization. This way you'll be able to obtain all necessary information needed for the journal entry to protect yourself, such as a signature and thumbprint. Also, if the customer leaves before you complete the notarization, you will be left without the customer's signature in your journal entry, which is required in some states.

4. True or False: As of 2021, every U.S. state has permanent laws authorizing Notaries to perform RONs.

False. To date 40 U.S. states have permanent RON laws. However, some states, such as California, do not authorize Notaries to perform remote notarizations.

Under REAL ID, all identity credentials must be made of modern, tamper-proof materials and have designs that are difficult to replicate. According to the Act, the personal data on each license or ID card must include the holder's:

Full legal name Date of birth Gender Driver's license or ID card number Address of principal residence The holder's signature Photograph (digital)

4. Who should make the copy of the original document for a copy certification?

It depends on your state's laws. Some states, such as Arizona, require the Notary to make the copy that is being certified. If state law is silent on the question, either the Notary or the keeper of the original document may make the copy. Always familiarize yourself with your state's requirements, to ensure that you follow the law if asked to certify a document copy.

4. What should I do with older journals once they are full?

Keep them in a safe place until you must turn them in or destroy them. Generally, states with journal laws have rules for keeping and disposing of Notary journals. Some states, such as Colorado or California, require you to keep all journal records until you stop being a Notary, then turn them over to a government agency. Other states allow you to destroy journals after a certain period of time. Always follow your state's requirements regarding storage and disposal of completed journals.

If an error is found in the certificate wording after the notarization, should you send a blank or corrected loose certificate page to the signer?

No, because there is a high risk the certificate page could be used for fraud. You should never provide anyone with replacement blank or unattached notarial certificate wording to correct a notarization error. Once the wording is out of your control, you have no way of knowing if the certificate wording will be completed with false information or attached to an unrelated document to make it appear as if it was notarized. If an error is discovered post-notarization, you will need to check your state's Notary laws to find out what steps you may take. Some states, such as California and Florida, specifically prohibit their Notaries from correcting a certificate after the notarization is completed. In California and Florida, the signer would need to have a new notarization performed on the original document.

Yes, I can notarize the signature with an acknowledgment.

No. A birth certificate is a vital record, and in most cases only the agency that issued the original record may certify copies of vital records.

A customer comes to your office. "I need this document notarized, but there is no Notary wording printed on it," she says. "Can you tell me which type of notarization it needs? You're the Notary, you should know." Can you do this?

No. If a customer doesn't know what type of notarization is needed, you may describe the different types of notarizations (such as acknowledgments or jurats) and let the signer pick what notarization they want. However, you should never choose the type of notarization on the signer's behalf. Doing so would be the unauthorized practice of law unless you are a qualified attorney.

A co-worker comes to you with a question. "I received this document in Spanish from one of our international clients. You speak Spanish — would you translate the document and then certify that your translation is accurate?" Can you do this?

No. Notaries are not authorized to certify translations. While a Notary could notarize another translator's signature on a declaration stating that the document was translated correctly, in this case it would not be possible because you may not notarize your own signature.

1. A signer explains that she is organizing a fundraiser for a local school. She asks if you can endorse the event so she can advertise it as "100 percent Notary approved." Can you do this?

No. Notaries are not authorized to use their commissions, title of "Notary Public" or Notary seals to endorse events or products.

You have just finished notarizing signatures on a set of loan documents. "Good job," the real estate agent says. "Just to be safe, can you give me some extra signed and stamped Notary certificates to take with me? If we find a mistake on the documents, I'll just correct them and attach the new certificates myself."

No. Notaries may not provide unattached Notary certificates to anyone else. ANSWER: B. Notaries are not allowed to do this because you have no way of knowing if someone will alter or falsify information on the certificate once it's out of your control. Agreeing to this request could potentially result in you losing your Notary commission, paying large sums of damages in a lawsuit, or even criminal charges if the unattached certificates are used to commit fraud. Only the Notary should attach separate Notary certificate wording to a document during a notarization or make any corrections to the certificate wording. Also, some states (such as California and Florida) prohibit making any corrections to Notary certificate wording after the document has been notarized.

Your neighbor says he needs an urgent notarization. "I have to submit this letter for a court case. Can you put your seal on it? I just want to make sure the letter is legally binding." Can you do this?

No. Sometimes customers mistakenly believe that a Notary's seal will automatically make a document legally binding in a court of law. This is not the case — a Notary simply verifies the identity of the signer, takes the signer's acknowledgment of a signature, or witnesses the signing of documents. Simply affixing a Notary seal to a document without performing an authorized notarization or completing a notarial certificate is not allowed.

4. Which of the following is a possible sign that an ID has been counterfeited or tampered with?

Spelling errors or discrepancies in the information on an ID may be a sign that the ID was forged or tampered with. Extra thickness around the photo may indicate someone has placed a second photograph on top of the original on the ID. And mismatched information also could indicate that the ID is not legitimate.

3. A neighbor asks for your help. "I'm going to court tomorrow, and I need to present this document as evidence," he says. "I need to make sure it's legal, so can you stamp and sign it?" What do you do?

Tell your neighbor that notarization does not automatically "legalize" a document. Tell your neighbor that you can't affix your seal to a document without performing a notarization Many people mistakenly believe that affixing a Notary's seal and signature automatically makes the document legally binding in a court of law, but this is simply not true. A Notary can verify the identity of a person who signs a document, or administer an oath or affirmation to a document signer, but a notarization cannot "legalize" a document simply by having a Notary stamp it. In fact, some states specifically prohibit Notaries from affixing their official seals to documents except when the Notary is performing an authorized notarization.

Your boss asks to borrow your Notary seal. "I'm meeting with an important client for lunch," he says. "He's going to sign some important documents, and I need his signature notarized. I'll just borrow your seal, stamp the documents and you can sign the document and I can sign your journal when I get back." What's wrong here?

There are multiple problems with the boss' request. First, the Notary must maintain exclusive control over his or her seal at all times — no one else may borrow or use it. Second, simply "stamping documents" is not sufficient to complete a notarization — the appropriate Notary certificate wording must be completed and attached to the document as well. And finally, the boss cannot simply sign a journal — any time a notarization takes place, the journal entry must be fully completed at the same time, and only the Notary is permitted to do so.

Who can certify a copy of a birth, death or marriage certificate in the United States?

The recording office where the original certificate is kept. Notaries may not certify copies of original vital records such as birth, death or marriage certificates. Copies of these documents may lawfully be certified only by officials in the relevant public records office.

3. A "venue" on Notary certificate wording indicates:

The venue on a Notary certificate — typically indicated by the words "State Of _____" and "County Of ______" — indicates the location where a notarization takes place.

A woman comes into your office and presents you with a statement she's written. "I need a jurat from a Notary for this document," she says. "I've already signed it, so can you just give me an oath and fill out a jurat certificate, please? I'm in a hurry." What's wrong here?

The woman needs to sign the document again in your presence. Any time that a customer requests a jurat, the document must be signed in your presence. If the document has been previously signed, you can only perform the notarization if the customer signs again in front of you.

6. The term "instrument" in the wording of a notarial certificate typically refers to:

When a notarial certificate refers to a signature on an "instrument," the word "instrument" is referring to the document in question.

7. What must a Notary do when a signer "acknowledges" a signature?

When a signer acknowledges a signature, the Notary must positively identify the signer using a method permitted by state law. The signer must then verbally acknowledge to the Notary that he or she is the person who signed the document willingly.

A customer brings you a signed document. "I signed this statement two days ago, but I was told I need it notarized with an acknowledgment," he says. "Can you notarize the signature I already wrote if I show you my ID to prove I'm the person who signed it?"

Yes, I can notarize the signature with an acknowledgment.

Can a Notary use ditto marks when recording the same information for multiple journal entries?

Yes, but only if state law does not prohibit doing so. When entering duplicate information in multiple journal entries, some Notaries have asked the NNA if they may use ditto marks instead of filling in the same information several times. The answer is yes for Notaries in most states. However, not every state allows the use of ditto marks in a Notary journal. California and Hawaii require Notaries to make a full journal entry for each notarial act, for example.

A friend of yours has been elected as a local official. He is required to take an oath of office and asks if you can administer one to him even though there's no document for him to sign. Can you do this?

Yes. A Notary is authorized to administer a verbal oath or affirmation to an individual, even if there is no written signature or document involved.

A co-worker asks if you can notarize his signature on an affidavit using a jurat. "Just one thing," he says. "I'm not comfortable using the word 'God' because of my beliefs. Can I say that the statement is truthful without mentioning a deity?"

Yes. Instead of taking an oath to a higher power for the jurat, a signer can take an affirmation, promising on personal honor to be truthful.


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