The National Association of Secretaries of State (NASS) is focusing heavily on the growing challenges to America’s Notaries Public arising from Artificial Intelligence, how the Americans with Disabilities Act affects Notaries interacting with disabled signers, and increasing reports of notarization errors, especially related to apostilles and authentications. Specifically, the analysis occurred during the organization’s Notary Public Administrator Section’s annual summer conference in Biloxi, Mississippi, which was attended by representatives from the National Notary Association, state Notary agencies, and other professional Notary groups from across the country.
Important takeaways include:
Do not rely on Artificial Intelligence to answer questions about Notary laws and procedures
AI was identified as a new and growing challenge for state officials. Several states reported instances of Notaries and individuals submitting requests for authentications and apostilles relying on incorrect answers and interpretations about Notary and apostille rules and procedures generated by AI. One state with a mandatory education requirement reported receiving course submissions written entirely by AI, but they were rejected for failing to accurately reflect the state’s laws.
Notaries should be cautious in using AI to answer questions about their notarial duties. AI platforms can struggle to differentiate between proposed and enacted laws and may overlook important nuances in state Notary requirements. In some cases, the information provided by AI can be entirely incorrect regarding state Notary laws and rules.
NPAs noted that Notaries must rely on reputable sources such as state officials and professional organizations such as the NNA for information, education, and training, emphasizing that AI and social media are never a substitute for researching state laws and obtaining official guidance.
Notaries must comply with the Americans with Disabilities Act (ADA) when notarizing for disabled signers
A key discussion at the conference centered on the ADA and a Notary’s obligations. While state laws provide the primary legal framework for performing notarial acts, Notaries must also adhere to federal laws, including the ADA.
Because Notaries provide a public service, they must ensure “effective communication” for individuals with disabilities. This means if a signer has a speech, hearing, or vision disability, the Notary must ensure communication with the individual is as effective as it would be with others. This may require providing an auxiliary aid or service, such as an American Sign Language (ASL) interpreter or written notes. The NNA recently updated its Model Notary Act and Notary Public Code of Professional Responsibility to reflect these requirements, clarifying that Notaries may not discriminate based on disability and may, in fact, use interpreters when necessary to ensure effective communication with an individual with a disability.
For Notary Signing Agents (NSAs), the NNA clarified that the responsibility for providing accommodations for individuals with disabilities typically falls on the contracting company (e.g., the title or escrow company), not the NSA, as the borrower is not considered the NSA’s direct client.
Notary errors are on the rise, especially for apostille and authentication requests
State officials reported a significant rise in apostille and authentication requests, which has revealed a concerning number of errors in notarized documents. An apostille or authenticating certificate validates a Notary’s seal and signature on a document sent to a foreign country.
Since every notarial act submitted for an apostille or authentication is subject to intense scrutiny, commissioning agencies are discovering an alarming number of Notary mistakes while checking these documents.
Examples of errors reported included Notaries:
- Forgetting to include the venue of the notarial act in certificate wording.
- Incorrectly writing the Notary’s commissioning county in the venue instead of the county where the notarization was performed.
- Failing to require the signer’s personal appearance.
- Failing to affix an official seal.
- Using an incorrect or missing notarial certificate.
These findings should remind Notaries that every notarial act, particularly those submitted for an apostille and authentication, must be performed with meticulous care. Notary Public administrators routinely cite Notaries for performing improper notarial acts on documents submitted for apostilles and authentications. Repeated errors can lead to administrative action, including suspending or revoking a Notary’s commission.