… Perform A Signature By Mark?   
November 2, 2009
When a signer for whatever reason cannot write a signature, he or she may sign by mark. The customary mark is an “X,” but other marks, such as a thumbprint, also are acceptable. To be regarded as a signature under law, the mark must be witnessed by two people... Read More

... Fix A Bad Seal Impression?   
October 1, 2009
You’re at the final stages of a notarization. Everything’s gone smoothly so far. The journal entry’s done, the signer’s been identified. You stamp the document … and the seal is unreadable... Read More

... Certify An Event?   
August 17, 2009
Notaries often are asked to certify that certain events or actions have occurred. The problem is, unless you live in the state of Washington, U.S. Notaries are not permitted to certify events themselves... Read More

... Refuse A Fraudulent Notarization?   
August 3, 2009
If you have reason to believe that a signer is trying to commit a fraud by using an obviously faked ID or bogus document, or is being coerced by another party, you should stop the notarization, note the circumstances in your journal and contact your local law enforcement authorities immediately. That way, the police may be able to stop the criminal from finding another Notary who might not be as observant as you... Read More

... Administer An Oath?   
July 13, 2009
An oath or affirmation can be administered as part of another notarial act, such as a jurat, or as a separate notarial act in its own right. Whatever the circumstances, the point of an oath or affirmation is to impress upon your client the importance of truthfulness. To accomplish that, you should lend a sense of ceremony and formality to the act... Read More

... Handle A PKA?   
July 6, 2009
It has become almost commonplace for people to take on separate identities for their professional and personal lives. Curtis Jackson is known to the world as rapper 50 Cent. And rock superstar Bono, front man for the band U2, is really Paul Hewson. But professional names aren’t confined to celebrities. Just about anybody — from writers to artists to attorneys — can establish a professional identity that differs from the name on the driver’s license or other official ID... Read More

... Handle Documents Requiring Multiple Signatures?   
June 29, 2009
Occasionally, you may be presented with a document that requires multiple signatures that must be circulated to signers over several days in different locations, requiring the work of several Notaries and notarial certificates in different jurisdictions. Don’t worry. It is perfectly legal to notarize a single client’s signature on a document. Keep in mind, such a document’s “Date of Signing” space may be left blank until the final signature is affixed... Read More

... Use An Out-Of-State Acknowledgment?   
June 22, 2009
Wording for acknowledgment certificates varies from state to state, with some states insisting that wording conform exactly to what the law mandates and other states giving vague, general guidance... Read More

... Notarize Over The Phone?   
June 8, 2009
You don’t. A telephone call is not considered personal appearance. “I just mailed you a deed,” a caller might inform you. “When you get it, please notarize my signature and mail it right back.” While this might be convenient for the caller, you cannot legally comply with such a request, even with a supposedly reliable third party present... Read More

... Refuse A Notarization   
June 1, 2009
While Notaries are prohibited from refusing a notarization without due cause, there are situations in which you are perfectly justified — and even legally required — to refuse to complete a notarization. .. Read More

... Avoid The Unauthorized Practice Of Law?   
May 26, 2009
Notaries are ministerial officials, meaning your powers are very limited and you have little discretion when carrying out your duties. If you step outside these limits, you risk liability for practicing law without a license... Read More

... Advertise My Services?   
May 11, 2009
There are no statutory or ethical restraints against simply advertising notarial services. Whether you use a sign, newspaper ad, telephone book listing, Web site or business card, it is perfectly acceptable to include such notices as: “Notary Public,” “Notarial Services,” or “Notary Public on Premises.”.. Read More

…Record An Oath In My Journal?   
May 1, 2009
There are occasions when an oath or affirmation is just an oral declaration — such as a public official taking an oath of office — and not associated with a notarial certificate. But you still should note it in your journal because it is a notarial act... Read More

… Avoid Having A Notarization Rejected?   
April 24, 2009
Every county recorder’s office has its own criteria for deciding whether a notarized document is acceptable, but there are a number of common mistakes that almost certainly will trigger a rejection... Read More

… Handle A Name Discrepancy?   
April 20, 2009
Occasionally, you will be asked to notarize a document whose signature differs from the name on the signer’s current identification document. This is not an unusual circumstance. People commonly change their names legally due to marriage, divorce or other reasons. Some also use casual or formal variations of their names in different circumstances... Read More

... Notarize A Photograph?   
April 13, 2009
There may be occasions when you are asked to notarize a photograph in order to identify a person in the picture. Unfortunately, because a photograph in and of itself does not contain a statement by the signer, a signature or a notarial certificate, you cannot comply with this request. .. Read More

... Use Supplemental Identification Documents?   
April 6, 2009
Supplemental IDs, as the name implies, may be used to support a primary ID and can supply valuable additional information. Supplemental IDs — such as Social Security cards and credit cards — must never be the sole basis for identifying a signer. A supplemental ID may or may not contain a photograph, but it usually has at least a signature of the bearer... Read More

... Determine If An ID Is Acceptable?   
March 30, 2009
When verifying the identity of a signer, the most reliable identification documents are issued by the state or federal government and contain a photograph, a physical description and the bearer’s signature. These elements provide a basis for comparison with the actual physical appearance and signature of the signer appearing before you... Read More

... Safeguard My Journal?   
March 23, 2009
The journal of notarial acts is a public record intended to benefit society by reducing fraud and groundless lawsuits and by protecting individual rights. But it should not be viewed as a record open to unrestricted public inspection. Because it contains information about signers — such as addresses and ID card numbers — that could be useful to identity thieves, it must remain under your control at all times... Read More

...Perform A Deposition?   
March 16, 2009
Notaries have the power to take depositions in most states, but most Notaries do not unless they are also trained court reporters. Strict rules of procedure dictate how depositions are executed, so Notaries without appropriate training or supervision should not attempt them. Instead, these requests should be referred to a court reporter... Read More

…Handle A Signature By Proxy?   
March 9, 2009
In a few states, Notaries have the authority to sign the name of a person who is physically unable to sign or make a mark. In order to make a signature by proxy, you have to determine if the disabled person is aware and willing, the person must personally appear before you and must orally direct you or a third party in your presence to sign by proxy. In some states, a certificate of disability signed by the disabled person’s physician must accompany the notarized document. This procedure is designed to help disabled signers better handle their affairs... Read More

...Notarize A Protest?   
March 2, 2009
A protest is a written statement by a Notary or other authorized person indicating that payment for a negotiable instrument — a check or promissory note, for example — has not been received... Read More

...Have A Signer Use ‘AKA’ For Name Discrepancies?   
February 23, 2009
On occasion you may be confronted with a name on a document that differs from the name on a signer’s ID. One solution to the discrepancy is to have your client sign the document with both names and connect them with the phrase “also known as,” “AKA” or similar linking terms. .. Read More

...Certify A Translation?   
February 17, 2009
Even if you can read and write the signer’s language, no U.S. state allows Notaries to use their seal to “certify” the accuracy of a translation. However, you may notarize a translator’s signature on a written declaration stating that a translation is accurate. If you translated the document in a capacity other than a Notary, you cannot notarize your own signature on the translator’s declaration... Read More

...Prevent Undue Influence By Third Parties?   
February 9, 2009
Undue influence is an attempt to make a person do something he or she would not do if left to act freely. Notaries are responsible for making sure signers are not being pressured or influenced by others. .. Read More

…Determine If The Blank Spaces On A Document Are Acceptable?   
February 2, 2009
Occasionally, there may be an acceptable reason for leaving a space blank on a notarized document. Sometimes, for example, a paper requiring more than one signature must be circulated to collect the separate signatures and notarial certificates. Such a document's "Date of Signing" space may be left blank until the final signature is affixed. In this situation, you should record in your journal the reason the space was left blank... Read More

...Perform A Marriage?   
January 26, 2009
Only three states — Florida, Maine and South Carolina — give Notaries the authority to perform marriages. In other states, Notaries Public may not perform marriages, unless they are also members of the clergy... Read More

...Report A Lost Or Stolen Journal?   
January 20, 2009
In the event your journal is lost, stolen or otherwise damaged or destroyed, it is a good idea — even if not required by law — to inform your state’s Notary-regulating authority, as well as the agency to which the journal would eventually have been surrendered, in writing as soon as possible. If a criminal act is suspected, local law enforcement officials should also be contacted and a report filed. .. Read More

...Select The Notarial Certificate Wording?   
January 12, 2009
Non-attorney Notaries are not authorized to determine the type of notarial act needed for any document. If a document is presented for notarization without certificate wording, you may not independently select a certificate. If you do so, you could be accused of the unauthorized practice of law — and face government sanctions or a civil lawsuit. In every case, the signer must direct you as to what act is to be performed. .. Read More

...Handle A Request To Inspect My Journal?   
January 5, 2009
Although your journal is a public record, don’t let just anyone flip through it. Every Notary has a duty to protect the confidential information it contains from prying eyes. The best practice is to require anyone wanting to inspect your journal to submit a written request specifying the approximate date, nature of the transaction and signer’s name. California actually requires requests to be presented in writing. .. Read More

...Administer An Oath Or Affirmation?   
December 29, 2008
In a world where celebrities change spouses faster than they change shoes, and embezzlement is a common business practice, it’s easy to forget that promises must be taken seriously. But Notaries shouldn’t forget... Read More

...Take A Thumbprint?   
December 22, 2008
No specialized training is necessary to take a thumbprint, and the procedure is simple. The signer touches an inking device with the right thumb and then touches the journal page to leave a print. The print is taken of the right thumb because law enforcement and other government agencies typically use this digit as a biometric identifier in official identity documents, such as driver’s licenses. If the signer is missing the right thumb, the left thumb or other digit can be used. In this case, you should indicate in your journal entry if the impression is from a finger other than the right thumb. .. Read More

...Notarize For A Minor?   
December 15, 2008
Typically, the biggest problem notarizing a document for a minor is the lack of proper identification. If the minor cannot produce a valid driver’s license, passport or other acceptable ID, then credible identifying witnesses — who are not the minor’s parents or guardians and who are not named in the document — can be used. .. Read More

…Dispose Of An Obsolete Seal?   
December 8, 2008
If you resign your Notary commission, move to a new address or change your name due to marriage, it may be necessary to replace your seal. But don’t throw it away intact … someone may take it from the trash and use it for fraud!.. Read More

…Notarize A Foreign Document?   
December 1, 2008
Ideally, you should refer the signer to a Notary who can read and speak the signer’s language. If that’s not possible, and once you have checked your state law to make sure that you are not prohibited from doing so, you may proceed with the notarization... Read More

… Handle A Thanksgiving Day Notarization Request?   
November 24, 2008
As a Notary, you are not required to be available 24-hours a day, seven-days a week. While you should accede to all reasonable requests, if a signer calls wanting an emergency notarization while you’re sitting down to Thanksgiving dinner with family and friends, you have the right to refuse or to schedule it at a more convenient, non-holiday time. .. Read More

... Perform A Copy Certification By Document Custodian?   
November 17, 2008
In states where Notary-certified copies are prohibited, this procedure allows the person in permanent possession of the original document to sign a written declaration that a copy of it is identical to the original, and take an oath or affirmation before the Notary. .. Read More

… Know If It’s OK To Notarize A Will?   
November 10, 2008
A last will and testament is an extremely complex legal document that can take many different forms. Some wills may require a notarization — but others can be invalidated if they are notarized. .. Read More

... Notarize A Signature By Mark?   
November 3, 2008
Some signers can’t write their full name because of a physical ailment, but it still may be possible to notarize for them as long as they can make an ‘X’ or similar mark... Read More

... Tell If A Patient Is OK To Sign A Document?   
October 27, 2008
Notaries often are asked to notarize for signers with all kinds of medical issues. Typically its not a problem, but serious conditions, medication, exhaustion and other factors can make it tough for ill clients to stay alert. That makes them vulnerable to dishonest people who try to trick them into signing fraudulent documents... Read More

... Notarize For A Hearing-Impaired Signer?   
October 20, 2008
A Notary must always be able to communicate directly with a document signer. However, if you’re approached for a notarization by a person who is hearing or speech impaired and you don’t know sign language, there’s no need to fret. Communication is not limited to speech, so you and the signer can easily communicate through written or typed notes. Of course, you must still positively identify the signer, check for willingness and awareness, complete a journal entry and other normal steps... Read More

... Make Sure A Signer Is Willing And Aware?   
October 6, 2008
A Notary's job is to prevent fraud. That means making sure clients are not being forced to sign a document against their wishes. A few telltale signs can raise red flags... Read More

... Correct A Notarial Certificate?   
October 6, 2008
Too much helpfulness isn’t always a good thing. People sometimes bring documents to Notaries with the certificate the information filled in — only it’s wrong... Read More

... Provide A Signer With An ‘Apostille’?   
October 6, 2008
You don’t!.. Read More