Notaries serve as impartial witnesses to the signing of legal documents. Notaries must ensure the notarizations they complete are free of notarial erros. Maintaining the integrity of your notary seal, stamp, and journal is critical to your success as a notary.
Here are the top twelve most common errors made by notaries.
Failing to Check ID Properly
Notarizing Without the Signer Present
Failing to Date the Notarial Certificate with the Current Date
Failing to Properly Complete a Notarial Certificate
Notarizing with an Expired Notary Commission
Not Keeping a Notary Journal
Engaging in Unauthorized Practice of Law
Making an Illegible Notary Stamp Impression
Improper Storage of Your Notary Stamp & Journal
Not Determining the Signer's Competency & Willingness to Sign
Notarizing for Close Relatives
Failing to Remain Properly Trained
Failing to Check ID Properly - Verifying the identity of signs is a crucial aspect of your role as a Notary. It is paramount that you only perform notarizations for individuals whose identity you have confirmed. As a trusted public official, you have a responsibility to protect the public and uphold the integrity of the notarial process. With this being said, notarizing a document without proper identification can lead to fraud and legal issues. Always request government-issued identification and confirm that the photo on the ID matches the signer.
Notarizing Without the Signer Present- Never notarize a signature unless the signer appers personally before you. A notary who does not commit to this grave rule, will likely have their commission suspended or revoked and may face civil or ciminal penalties. It is imperative that notaries never allow their employers or friends to pressure them into notarizing a document without the signer being present. If you are put into this boat, then you should educate your employer or friend about the severe consequences of performing a notarization in the absence of the signer.
Failing to Date the Notarial Certificate with the Current Date- Forgetting to date the notarial certificate or using an incorrect date can render the notarization invalid. As a responsible notary, you must pay attention to details and follow proper notarial procedures to avoid any legal issues. For instance, when you take an acknowledgment, the siner may have signed and dated the document at an earlier date, but you should date the notarial certificate when you actually took the acknowledgement.
Failing to Poperly Complete a Notarial Certificate- If you leave blanks or fail to complete the notarial certificate fully can render the notarial act invalid. Always fill out the notarial certificate with a minimum of the venue, the date the notarization took place, the notary's seal and the notary's signature. Always double check the notarial certificate to ensure you have completed all required elements.
Notarizing with an Expired Notary Commission- To avoid legal complications, never notarize any certificates after your commission has expired. The notarization will become invalidated and you could face civil or ciminal penalties. To avoid this from happening, set a reminder on your phone so you know when to renew your commission. Join a professional association, such as American Association of Notaries, who will send you a reminder when your commission expiration date is approaching and lastly, renew at the earliest time possible.
Not Keeping a Notary Journal- Although it may not be required by law in all states, it is highly recommended to maintain a journal of all notarial acts performed. This journal can serve as a crucial recod that can protect the notary in case of false accusations of notarial misconduct or if you were to be called to testify in court. Keeping a notary journal demonstrates a notary as professional and commitful to maintaining accurate and detailed records. Keeping a notary journal is a simple step that can provide valuable protection for yourself and clients.
Engaging in Unauthorized Practice of Law- It is important to know the boundaries of your role and responsibilities as a notary. Notaries who are not licensed attorneys must never offer legal advice or imply that they are attorneys in their advertising. Your role as a notary is to witness the signing of documents, not to provide legal advice. To avoid the unauthorized practice of law, never offer legal advice, do not draft legal documents, or tell your client which notarial certificate to select.
Making an Illegible Notary Stamp Impression- Some county clerks may reject recording legal instruments with missing or unclear notary stamp impressions. With this being said, this can cause a delay and frustrate those involved. To avoid this delay, always make sure your notary stamp is inked properly, test your notary stamp on a blank piece of paper, and make sure the document is on a firm, flat surface.
Improper Storage of Your Notary Stamp and Journal- You are responsible for keeping your notary stamp and notary journal under your exclusive control as a Notary. Improper storage of these items can lead to misuse and potential fraud. To avoid this from happening, never leave your stamp or journal in your car, store your stamp and journal in a loced drawer or safe and never give your stamp or journal to someone else.
Not Determining the Signer's Competency & Willingness to Sign- Notaries play a crucial role in ensuring that principals sign documents willingly and for the intended purposes. With this being said, verify the copetency and willingness of signers before notarizing. If you believe a signer is under the influence or duress, you should refuse to complete the notarization. By adhering to the Notarial standards, you can maintain the integrity of the notarization process and protect against fraudulent activity.
Notarizing for Close Relatives- If your states is not clear on the guidelines on the matter of notarizing for close relatives then you should err on the side of caution and do not notarize for close relatives. In the state of Indiana, you are not to notarize for close relatives. As a responsible notary, you have a duty to advise your close relatives to find another notary to avoid any potential conflicts of interest.
Failing to Remain Properly Trained- To avoid unintentional mistakes that can result in serious consequences for you and your clients, you should stay current with the latest state laws and regulations. You should always familiarize yourself with notarial practice and procedures, ethics and state laws. By keeping your traiing and knowledge up-to-date, you can provide better service to your clients and maintain a professional and trustworthy image.
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