What Is...?
… A False Certificate?
November 2, 2009
A false certificate is notarial wording in which the Notary knowingly enters incorrect information or makes a false statement. Examples would be deliberately writing a different date than when the notarization actually took place; indicating the signer presented satisfactory evidence of identity when the signer failed to do so; or noting personal appearance when the signer was absent... Read More
…A Loose Certificate?
October 1, 2009
A loose certificate is a notarial certificate that is contained on a separate sheet of paper and is not part of the original document. It is attached — usually stapled — to the document’s signature page. It’s used when: .. Read More
...The Age Of Majority?
August 10, 2009
The “Age of Majority” is the age when a person can exercise all legal rights as an adult. Usually the age of majority ranges from 18 to 21 years, depending on individual state law... Read More
... An International Driver’s License?
August 3, 2009
An “International Driver’s License” (IDL) or “International Driver’s Permit” (IDP) is a document that permits a traveler to operate a motor vehicle when visiting a foreign country. For example, if a U.S. citizen wanted to drive a car while visiting France, the prospective tourist could apply for an IDL... Read More
... A Corporate Officer?
July 27, 2009
A corporate officer is an agent appointed to conduct business for a corporation. The term commonly refers to a senior executive, such as a president or chief executive officer... Read More
... A Testimonium Clause?
July 27, 2009
A “testimonium clause” is a phrase in certificate wording in which the Notary formally attests to the truthfulness of the preceding facts in the certificate. A testimonium clause typically appears directly above the Notary’s signature. Testimonium clauses may take the format “Witness my hand” or “Witness my hand and official seal, this (date) of (month), (year)” or a similar variation. “Hand” refers to the Notary’s signature. .. Read More
... Identity Management?
July 13, 2009
Identity management is a security process that deals with identifying individuals through multiple levels of verification in order to establish their bona fides and control who gets access to sensitive information in a business, government agency or other system. Identity management systems are used to protect intellectual property and personal privacy, and help prevent identity theft... Read More
... ‘Locus Sigilli?’
July 6, 2009
Some notarial certificates are marked with the initials “L.S.” which stands for the Latin phrase “locus sigilli” meaning “location of the seal.” This is used to mark the area where the seal is affixed. While an embosser seal can be affixed over the letters, an ink seal should be placed near, but not covering, the “L.S.”.. Read More
... Misconduct?
June 29, 2009
Misconduct is willfully improper or dishonest behavior on the part of a Notary. Deliberately backdating a document, overcharging for a notarization or notarizing for a signer who is not present or who clearly is unaware or being coerced are all examples of potential misconduct... Read More
... A Patent?
June 22, 2009
Some signers mistakenly believe that notarizing blueprints or other documents describing an invention will provide the same intellectual property rights as a patent. However, notarization merely establishes the identity and willingness of the signer... Read More
... An Enhanced Driver’s License?
June 15, 2009
Enhanced Driver’s Licenses are a new, more secure form of identification recently issued by some U.S. border states, including Michigan, New York, Washington and Vermont. Enhanced Driver’s Licenses or EDLs are similar to regular licenses, but include a tiny computer chip containing secure electronic identification data that can be scanned to help verify the bearer’s identity when crossing the U.S. border by land. .. Read More
... A Confidential Marriage Certificate?
June 8, 2009
A confidential marriage certificate is a marriage certificate that is not available as a public record. California is the only state that authorizes their use. They often are requested by couples seeking additional privacy. Celebrities, for example, often wish to keep details about their marriages out of the public eye... Read More
... The Hague Convention?
June 1, 2009
The Hague Convention Abolishing The Requirement of Legalization (Authentication) for Foreign Public Documents is an international treaty signed by more than 90 nations, including the United States, which makes it easier for notarized documents from one country to be accepted by another... Read More
... USCIS?
May 26, 2009
United States Citizenship and Immigration Services (USCIS) is the federal agency that regulates and supervises immigration to the United States... Read More
... The ‘Vancura’ Case?
May 18, 2009
Vancura v. Katris is a recent Illinois court case involving fraudulently notarized documents. The plaintiff in the case, Richard Vancura, was defrauded when his signature was forged and notarized on an assignment of mortgage document... Read More
... Direct Communication?
May 11, 2009
Direct communication occurs when a Notary and a signer exchange information in each other’s physical presence without a third party interpreting or conveying messages... Read More
…An Absentee Ballot?
May 1, 2009
An absentee ballot is a ballot that is not cast at a regular polling place on the scheduled day of an election. Absentee ballots are used by voters who for some reason cannot vote at their regular polling place due to being out of state, physically unable to travel or other reasons. Usually they are submitted by mail after being marked and signed... Read More
…‘The Notary Public Code Of Professional Responsibility’?
April 24, 2009
The Notary Public Code of Professional Responsibility is a guide to Notary best practices and procedures. It serves as an ethical compass to Notaries for situations that are not always covered under state notarial laws... Read More
…A ‘Smart Card’?
April 20, 2009
A “smart card” is any card that includes an integrated electronic computer chip. The chip contains information that can be scanned using a reader device. Smart cards have a wide variety of uses and are commonly found in IDs and credit or debit cards... Read More
... Negligence?
April 13, 2009
Negligence is carelessness or the unintentional failure to do the right thing or follow required procedures. For Notaries, that could mean leaving notarial certificate wording incomplete or forgetting to affix a seal impression to a notarized document when required by law... Read More
... The REAL ID Act?
April 6, 2009
The REAL ID Act is a federal law requiring states to incorporate a minimum level of security features on identification documents such as driver’s licenses to make them harder to alter or counterfeit. Ultimately, people needing to enter federally supervised locations — including airports — will have to present state-issued identification documents that meet the Act’s requirements... Read More
... A Certificate of Naturalization?
March 30, 2009
A certificate of naturalization is a document issued by the U.S. government that serves as proof that citizenship was obtained legally... Read More
... Perjury?
March 23, 2009
Perjury is the crime of intentionally lying after being duly sworn by a Notary Public, court clerk, or other public official. Perjury can be committed verbally, for example through oral testimony in court or in writing, such as swearing or affirming the truth of a signed document when a person knows the contents are false... Read More
... A ‘Fishing Expedition?’
March 16, 2009
A “fishing expedition” is a slang term for when an unauthorized person looks through a Notary’s journal for information... Read More
… A Rescission Period?
March 9, 2009
A rescission period is a three-day window during which mortgage borrowers may be permitted to back out of a transaction after signing loan documents. Rescission periods are required for many mortgages by the Truth In Lending Act and primarily affect Notary Signing Agents (NSA), although any Notary can be asked to notarize loan documents. The rescission period begins on the first business day following the day of the signing and ends at midnight on the third business day after the signing... Read More
...An I-9 Form?
March 2, 2009
An I-9 is a U.S. Citizenship and Immigration Services (USCIS) form submitted by an employer to verify that a job applicant is legally authorized to work in the United States. Notaries often receive contradictory information regarding these forms because the instructions on I-9s state that an employer may designate a ‘third party agent’ to verify an applicant’s ID and sign a statement attesting that they did so. Suggested ‘third party agents’ in the instructions include Notaries and attorneys... Read More
...A Legal Disability?
February 23, 2009
“Legal Disability” refers to a condition that prevents a person from signing a document on his or her own behalf because of a disqualification imposed by law... Read More
...A Green Card?
February 17, 2009
A “green card” is an identification document for a resident alien living legally in the United States. It is known formally as an I-551 or Permanent Resident Card... Read More
...A Holographic Will?
February 9, 2009
A holographic will is a completely hand-written last will and testament. Many people see them as an inexpensive alternative to a will drawn up by an attorney and think a notarization will make them official. Unfortunately, some holographic wills can be invalidated by notarization... Read More
...Backdating?
February 2, 2009
>"Backdating" is when an incorrect date is written on a document in order to mislead others into thinking the document was signed or notarized at an earlier time. Regardless of whether a client’s motive seems benign, backdating is improper... Read More
...An Embosser?
January 26, 2009
An embosser is a plier- or press-like device that imprints a raised image onto a paper surface to form a notarial seal. .. Read More
...A 'Matricula Consular?'
January 20, 2009
"Matricula consular" is the Spanish term for an identification document issued by a Mexican consulate or embassy. The matricula consular is used to identify a citizen of Mexico who is living in another nation... Read More
...A “Ministerial Official?”
January 12, 2009
A ministerial official is a functionary who must follow instructions strictly according to law. Ministerial officers may not offer advice, prepare, select or interpret documents... Read More
...An Affirmation?
January 5, 2009
An affirmation is a promise a signer makes to tell the truth based on the signer’s personal honor. For notarization purposes, it has the same effect as an oath, which is a promise to a deity to tell the truth... Read More
...A 'Scilicet?'
December 29, 2008
Notaries sometimes see the initials “SS” or “SCT” next to the venue information on a notarial certificate. These letters do not stand for “Social Security” or “section.” The abbreviation stands for the Latin word “scilicet.”.. Read More
...A Vital Record?
December 22, 2008
Vital records are documents such as birth certificates, death certificates and marriage licenses that include important information about a person. Normally, the original records are filed with a county recorder’s office, and the county recorder issues certified copies as needed to authorized recipients... Read More
...A Deposition?
December 15, 2008
A deposition is a signed transcript of a person’s oral statements, taken down for use in a court case. A person giving a deposition is called a “deponent.”.. Read More
…A Living Will?
December 8, 2008
A “living will” is a written statement of a signer’s wishes concerning medical treatment in the event the signer is incapacitated and unable to give instructions. .. Read More
… A Venue?
December 1, 2008
The venue is the part of a notarial certificate that shows where the notarization took place. It is typically printed as “State of _______” and “County of ______” and the Notary fills the blanks for the location where the act took place... Read More
… An Attorney In Fact?
November 24, 2008
An attorney in fact is a person authorized to sign documents on someone else’s behalf, but is not necessarily a practicing lawyer. It can mean any person who has been empowered to sign documents for another individual... Read More
... A ‘Credible Identifying Witness?’
November 17, 2008
A signer can’t have a notarization performed without being positively identified. However, if the signer lacks proper identification documents, another alternative is to use a “credible identifying witness.”.. Read More
…Beneficial Interest?
November 10, 2008
“Beneficial Interest” is a situation that arises when notarizing a document that would give the Notary some kind of improper benefit beyond the standard notarization fee. Usually this is financial, but it can be any sort of gain or advantage... Read More
… A Surety Bond?
November 3, 2008
Many states require their Notaries to purchase a surety bond as protection for signers. A surety bond is a financial guarantee that a person who loses money because of a Notary’s misconduct will be reimbursed up to the bond’s limit. .. Read More
… A ‘NOTARIO PUBLICO’?
October 27, 2008
Notario Publico is a highly trained legal official in many Latin American countries, who has powers equivalent to an attorney or a judge. .. Read More
… An E-Verify Third Party Agent?
October 6, 2008
An E-Verify Third Party Agent is an independent contractor who serves as a liaison between the government’s E-Verify system and employers wishing to outsource employment eligibility verification inquiries for job applicants... Read More
… An Electronic Notary Signature?
October 6, 2008
An Electronic Notary Signature (ENS®) is a unique digital certificate that is used to electronically notarize digital documents and verifies a Notary's commission... Read More
… The U.S. Notary Reference Manual?
October 6, 2008
It’s a guide to notarization requirements for all U.S. states and jurisdictions, and it’s one of the best friends a Notary can have. Among other things, it includes electronic notarization requirements and Notary Signing Agent rules for every state... Read More
… The NNA’s Notary Hotline?
October 6, 2008
The NNA’s Notary Hotline is a toll-free, exclusive benefit for members that can help you get the answers you need when you encounter a problem with a notarization. It could be something as simple as figuring out if a certain type of identification is acceptable to the procedure for completing a proof of execution by subscribing witness... Read More
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