(Originally published in the December 2015 issue of The National Notary.)
The NNA Hotline gets nearly 130,000 calls a year, and our consultants have become adept at answering all kinds of questions. But some questions come up more than others, so we thought we would share the four most common queries along with some general advice offered for each.
Keep in mind that each state has its own Notary laws and guidelines, so it’s always a good idea to familiarize yourself with the requirements of the state where you are commissioned.
1. What is an acceptable ID?
This clearly takes the top spot. One of the key reasons it comes up so often is that Notaries are confronted with a growing array of identity cards. Consider that every state and U.S. territory issues driver’s licenses and ID cards. On top of that, there are inmate IDs, tribal IDs and identity cards issued by federal government agencies. Then there are the identity cards and passports issued by every country in the world. Given the mobile nature of our society and the fact that there are 43 million foreign-born residents living in the U.S., there’s a good chance most Notaries will encounter an unfamiliar ID. Deciding whether an ID is acceptable depends on where you are commissioned, so you will need to know the requirements and guidelines of your state. Some states — such as California, Florida and Tennessee — provide specific lists of acceptable IDs. In these states, if the ID is not on the list, it is not acceptable.
Other jurisdictions — such as Kansas, Wisconsin and the District of Columbia — “recommend” types of ID or offer guidance about the elements of an acceptable ID. Still other states, including New York, do not offer any guidance. For these states, the NNA recommends that an acceptable ID be issued by a government agency and include the bearer’s recent photograph, signature and physical description.
2. Can I notarize this document?
This is a frequent question asked by both new and experienced Notaries. It can come up if you’re used to notarizing certain types of documents in your day-to-day work and someone brings you a document you’ve never seen before. Often the document comes from another state or country. Sometimes it’s handwritten. While there are exceptions, generally speaking the type of document doesn’t matter. As the Notary, you are not responsible for the contents of the document. You are only responsible for performing the notarial act and completing the notarial certificate. As long as the type of notarization you’re asked to perform is permitted in your state, it is okay to proceed. You should be familiar with the notarial acts you’re authorized to perform, and then follow your state’s requirements for them. Another exception is a proof of life certificate. This document — typically from a foreign government or company — asks you to verify that a U.S. resident is still alive in order to collect a pension. No state authorizes Notaries to certify whether a signer is alive.
3. What kind of notarization is required?
Most clients who come to you simply say, “I need this notarized.” They have no idea that there are different notarial acts. Before you ask them what type of notarization they want, quickly peruse the document to see if it includes notarial wording, which is generally found after the signature line. If it does, look it over to see what it is asking you to do. For an acknowledgment, it will generally have some variation of “acknowledged before me.” Jurat wording typically will include a version of “subscribed and sworn” language. If you recognize the wording and it meets the requirements of your state, proceed. If the wording is not clear, or the document doesn’t contain a notarial certificate, you will have to ask your client what type of notarization is needed. Your client often will ask you what to do. You may describe an acknowledgment and a jurat (or signature witnessing, if the act is allowed in some states), but never recommend or suggest which one should be used. That would be the unauthorized practice of law, unless you are a licensed attorney.
4. How do I complete the notarial certificate?
It doesn’t matter if you’re a new or experienced Notary, sometimes you’ll encounter certificate wording that is confusing. Out-of-state certificates, for example, may be formatted differently than the wording you normally use. However, every certificate should have certain common elements:
- The venue: A proper venue clause indicates where the document was notarized (usually the county and state but in some places, the city and the state, or simply “District of Columbia” in Washington, D.C.).
- The body: Sometimes called the “statement of particulars”, this contains the name of the signer, the date of notarization and wording to indicate the type of notarization — plus facts surrounding the notarization that are important to record.
- The Notary’s official signature.
- The Notary’s official seal: This last element is not always included because not all states require Notaries to use a seal.If your state requires you to use a seal but the certificate does not contain space for it, you may need to attach a separate or loose certificate.
As mentioned above, you are responsible for the notarial certificate. So take your time to make sure you complete every element of it according to the requirements of your state. Here are a few questions that did not make the cut but are frequently asked:
How do I handle a credible identifying witness?
Can I certify a copy of this document?
