A fantastic method to earn additional money on the side is to become a notary. It can even become a successful business for those with a strong work ethic and entrepreneurial drive, but the risks still need to be addressed. Unscrupulous notaries risk losing their commission or, worse, their income source. The worst-case scenario for a notary is that you could sue them for any errors that resulted in monetary loss, be penalized by their commissioning body for misconduct, or even go to jail if their actions result in fraud or other illegal activities. notary service
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The Common Notary Mistakes
Here are some bad practices that notaries should avoid.
1. Notarizing Paperwork Without a Signer's Presence
Conducting a notarial ceremony for a signer who is not present or via video/audio conference is a serious offense. Unfortunately, even though notaries are against doing this, it still occurs when clients or employers exert pressure or utilize conventional social engineering techniques such as making phony phone calls claiming to be the signer.
Without all signers present, there is a higher risk of fraud. Hence ethical notaries should be ready to decline requests to execute client documents.
2. Not Properly Identifying the Signer
The next step is to verify the signer’s identification once they are in the room. Most state statutes specify that this must be done either by personal knowledge or convincing proof that the person is the one identified in the document.
3. Failure to Administer Oaths or Affirmations and Incomplete Certificates
A notary must complete a notarial certificate before signing and stamping it. It is an effective form of notary misconduct that could cost you your commission or result in sanctions. In addition, there are repercussions if a jurat is not notarized without an oath or affirmation. Falsifying even a tiny portion of the notarial certificate could result in criminal charges of fraud or forgery, jail time, severe financial penalties, and possible fines.
4. Failing to Keep Records of Notarizations
Some states mandate that notaries maintain records of their notarial acts. As a best practice to guard against litigation or claims of impropriety, notaries are to retain records. If your state mandates this step, skipping it could land you in legal trouble, mainly if other conditions are also part of the journal.
5. Refusing to Notarize a Document
A notary may decline to finalize a signing only under certain circumstances. For example, you shouldn’t carry out the requested notarial act if you have reason to believe that any documents are false. In addition, the signer seems bewildered or under duress; you are unsure how to carry out the specific notarial act or if there is any indication that the transaction is fraudulent.
Notaries are from mistreating clients based on their sex, race, color, national origin, religion, age, handicap, or any other officially recognized protected class. If you decide to decline a notarial act, you’ll need to be prepared to explain why and make sure your justifications are valid. If the buyer feels that the refusal was prejudicial, they may sue you for discrimination.
6. Making a Mistake in Applying a Notarial Seal
The notary’s unifying authority symbol is the seal. Almost all states demand one, and it authenticates the notary’s act. It’s crucial to check that rubber stamp seals are applied in a clear area without covering any writing. The notary’s commissioned name and the date of the commission expiration must be legibly present on the seal, which is regarded as a declaration of the notary’s authority and must include the other elements needed by state legislation. If a notary uses an embosser, it should be positioned in a blank area unless a state’s laws specifically mandate or permit it over the notary’s signature. Your seal should attach next but not over, the words “SEAL” or “L.S.” if they are preprinted on the document.
Frequently Asked Questions
What is a Notary?
A Notary Public is a representative appointed by the state government to speak on behalf of the general public in various official proceedings, including signing essential documents. A notary must confirm the identity of signers of important documents, their desire to sign freely and without fear of reprisal, and their understanding of the terms of the transaction. In addition, in notarizations, the notary must affirm on the signer’s behalf that the information is true and accurate while under penalty of perjury. Papers that typically require a notary include powers of attorney, living wills, and property deeds.
Can I Alter or Amend a Document that has already been Notarized?
No. A notarial certificate cannot be amended, corrected, or changed later on by a notary public. Only while the chief signer is present can such changes be made.
How can I Tell if a Notary Public is Legitimate?
A notary must be a reliable form of identification to be accepted. It means that the title you show the notary public must be a document with your picture and signature issued by a government entity.
How Powerful is a Notarized Document?
Because it changes a private document into a public instrument, notarization has a legal effect on the contract. Once the agreement is notarized, which is a reliable indicator of its legitimacy, the terms of the contract become enforceable. However, while notarizing papers, a notary should follow the fundamental guidelines.
