Why state officials are finding more notarization errors
Before issuing an Apostille or authentication, the appropriate authority (typically a Secretary of State or other Notary commissioning official) examines the notarized document to confirm the authenticity of the Notary’s signature and, when required, the official seal or stamp. Due to a recent surge in authentication requests, this review process has become more frequent and thorough in several states, increasing the likelihood that Notary mistakes or misconduct will be discovered. Many errors discovered by commissioning authorities relate to documents submitted for authentication.
Public complaints can also reveal Notary negligence or misconduct. When a Notary fails to perform their duties correctly and a complaint is filed, the document may be rejected, causing financial or personal harm to the individual relying on the notarization. Such errors can damage the Notary's reputation, subject the Notary to disciplinary action by the commissioning official, and erode public confidence in notarizations.
Common errors and how to avoid them
Before we cover the most frequent Notary errors, a general caution is in order: Because Notaries don’t always know in advance whether a document they notarize will be submitted for authentication or become the subject of a complaint, they should always perform each notarial act with the expectation that it may be scrutinized by the commissioning authority.
These are the most common errors reported by state Notary Public administrators, along with practical steps to avoid them:
1. Failure to require personal appearance
Personal appearance is the foundation of every notarial act. The principal must be physically present with the Notary or, if authorized by law for a remote notarization, appear remotely using real-time audio-visual technology. Without personal appearance, the Notary cannot verify the principal’s identity, willingness or awareness. The Oregon Secretary of State’s office told the NNA, “We are receiving a concerning increase in complaints from the public regarding notarizations performed without the signer being present.”
Falsely certifying that a principal personally appeared enables fraud and may result in serious civil and criminal penalties. A principal may file a complaint with the commissioning authority claiming they were not present when the document was notarized and that someone else signed it.
How to avoid this error:
- Never compromise on requiring all principals to appear in your physical presence for traditional notarizations, even if the principals are personally known to you and do not present a forgery risk.
- Perform remote notarizations according to state laws and guidelines, only use technology that complies with your state’s requirements for identifying and interacting with a remotely located principal, and look out for tell-tale signs of deepfakes.
- Record each principal’s appearance in your journal, including the date, time and location.
2. Failing to affix the Notary seal when required
In many states, a Notary is required to place an official seal or stamp on each Notary certificate. Failing to include the seal is a serious matter. County recorders routinely reject documents missing a required Notary seal. Rejection can delay loan closings and other important transactions, cause deadlines to be missed, and expose the Notary to liability.
How to avoid this error:
- Always affix your official Notary seal when required by law.
- Ensure the seal impression is legible, photographically reproducible, and does not cover typed or written text.
3. Notary certificate errors
In almost all jurisdictions, a notarial act is incomplete without a properly completed Notary certificate. Missing, incorrect, or improperly completed certificates are leading causes of document rejection. A commissioning official in Wisconsin recently told the NNA that they are seeing a higher rate of incomplete, inaccurate, or missing notarial certificates for notarial acts.
Missing certificate. With rare exceptions, every notarial act must be evidenced by a certificate. If the certificate wording is missing from the document, the Notary will not know which notarial act to perform. Simply signing and stamping the document is not a substitute for a compliant Notary certificate.
How to avoid this error:
- Never sign and stamp a document that does not contain the correct Notary certificate wording unless expressly authorized by state law.
- If no certificate wording is provided, ask the principal which notarial act is needed and then complete and attach the proper certificate.
- If the principal does not know the type of notarial act required, refer them to the document receiving agency or a licensed attorney.
Incorrect certificate. Using the wrong certificate can render the notarization defective and lead to rejection.
How to avoid this error:
- Review the Notary certificate carefully before completing it.
- If a preprinted certificate does not comply with your state’s laws, attach and complete a loose certificate with the correct wording.
- Only complete a Notary certificate that corresponds to the requested notarial act.
Improperly completed certificate venue. A common error noted by commissioning authorities is an incorrect venue. The venue indicates where the notarization was performed and typically appears on a certificate as “State of ... County of ...”. Some Notaries omit the venue entirely or incorrectly enter the county where they are commissioned, or reside, or where the document is to be recorded, instead of the jurisdiction where the notarization actually took place.
How to avoid this error:
- For an in-person notarization, enter the state and county where the principal and you are physically located at the time of the notarial act.
- Notaries in Alaska and Louisiana may be required to replace “county” with the name of the judicial district or borough (Alaska) or parish (Louisiana).
- District of Columbia Notaries need only write “District of Columbia.”
- Some cities, including the City of Baltimore (Maryland), St. Louis (Missouri), Carson City (Nevada), and all 38 independent cities in Virginia do not belong to any county. There, substituting “City of ...” will be necessary.
- Similarly, for remote notarizations, enter the state and county (or applicable state subdivision) where you are physically located when performing the notarial act.
- If the certificate is preprinted with a venue different from the location where the notarial act is performed, draw a line through the incorrect information, write in the correct location, and initial it.
Always follow your state’s rules when notarizing
This article provides a general summary of common errors based on discussions with state commissioning officials. Because Notary laws and requirements vary by jurisdiction, every Notary must consult their own state’s statutes, administrative rules, and official guidance to ensure compliance.
Brooke Merritt is the Director of Government Affairs & Policy Planning at the National Notary Association.