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Learn How to Become a Notary Signing Agent
Increase your expertise and income by becoming a Notary Signing Agent. It is one more step toward becoming a better Notary and to understanding more of the business—while adding to your income. Many mobile Notaries use it as supplementary income—on average you can earn between $50 and $150 per closing, depending on how you receive loan signing appointments (primarily from signing services or direct work).
A “Notary Signing Agent” is a duly commissioned or appointed Notary Public who has been trained to present loan documents to a borrower, show where the borrower must sign or initial, perform any necessary notarizations, and promptly send the entire document package to its destination for processing.
Lenders and title/escrow companies across America trust trained and background-screened Notary Signing Agents to escort borrowers through the loan signing process. Notary Signing Agents are indispensable contributors to successful loan closings.
What are the minimum qualifications to act as a Notary Signing Agent?
While each lender, title company and signing service's policies may differ, the industry strongly advises that you complete all of the steps below to enhance your chances of working with several companies.
- A currently commissioned Notary Public in a state that does not prohibit Signing Agent activity.
- At least one year of experience as a Notary Public is recommended.
- Completion of a training course covering Notary Signing Agent duties, responsibilities and limitations.
- An initial background screening that meets Signing Professionals Workgroup standards (annually renewed).
- Carry Errors & Omissions Insurance for your basic notarial duties, and for Signing Agent work.
It is also recommended that Notaries are supported by a membership in a professional Notary organization that provides information on lawful performance of notarial acts and best practices.
Do any states restrict or limit Notary Signing Agent activity?
Yes, click here for a list of states that impose restrictions or limitations on Notaries Public performing Signing Agent work.
How important is standard Notary training/knowledge to a Notary Signing Agent?
It is impossible to function as a Signing Agent without a strong understanding of the fundamentals of notarization and your state’s Notary laws and administrative rules. Notary Signing Agents can be expected or pressured to complete notarizations that may cause the Notary to violate his/her/their state Notary law. Knowing how to notarize expertly, and when to say “No,” are extremely important.
Do I have to obtain a Notary commission before taking the Notary Signing Agent Training Course?
No—you may take the course and apply at the same time. You may not act as a Notary or a Notary Signing Agent until you have been officially commissioned or appointed by your state commissioning officer. An active Notary commission is required to take the American Society of Notaries certification exam (included with the Notary Signing Agent Training Course).
What will I learn from the Notary Signing Agent Training Course?
Our course covers the all-important fundamentals of notarial practice, the role of Notary Signing Agents, essential tools and business structure, insurance needs, marketing; receiving and setting loan document signing appointments, presenting loan documents, sending signed documents to their destination, keeping records; invoicing for services, and more.
What is “certification”?
“Certification” indicates that the individual has obtained the training in notarization skills and Signing Agent practices needed to perform competently as a Notary Public Signing Agent.
Why do I need to be a “certified” Notary Signing Agent?
Certification is an industry standard, one required by many if not most of the companies that hire Notary Signing Agents.
Does my Notary Signing Agent certification expire?
Yes, because loan document signing practices and procedures can change at any time. Requirements of Notary law or administrative rules can also change annually or sooner. The American Society of Notaries’ Notary Signing Agent certification expires after one year. Retraining and reexamination are necessary to renew the certification for another year.
Why do I need Signing Agent Errors & Omissions Insurance?
As a Signing Agent, you will have unlimited personal liability for losses caused by any mistake that occurred during the signing. The Notary Errors & Omission Insurance only provides coverage for the notarizations in a loan package. It will NOT cover acts unrelated to notarizations. This is why you should consider obtaining Signing Agent Errors & Omissions Insurance. This type of policy is designed to fill the gaps not covered by Notary Public Errors & Omissions Insurance. To learn more about this policy's coverage, click here.
Do I need a Notary E&O policy in addition to Signing Agent E&O?
If you are also performing notarizations outside of your duties as a Notary Signing Agent, you should carry traditional Notary Errors & Omissions Insurance.
Why do I need a background check, and what records are searched?
This is a requirement of mortgage lenders, because by law they must guard the privacy of every borrower’s personal information. That duty requires lenders to ensure that all parties with access to a borrower’s personal information are appropriately screened, including Notary Signing Agents. A background check for Notary Signing Agents will include or check: Social Security Number Trace, National Criminal Database, Sex Offender Registry, Terrorist Watch List, County Criminal Court Search, Federal Criminal Court Search, Wants/Warrants Search, Employment Verifications, and Education Verification.
How long does background screening take?
From registration for a background screening to obtaining the results, the process takes approximately 5-7 days. (This can vary by background screening provider.)
How far back (previous years) is my background screened?
Generally, from 7 to 10 years into your previous history, depending on applicable laws in your state of residence.
How often must a Notary Signing Agent be background-screened?
The current standard is once per year.
Can I dispute a result in my background screening that I think is incorrect?
Yes – the Fair Credit Reporting Act (FCRA) entitles a person to dispute background screening results. Any reputable background screening provider will offer a dispute process.
Who hires Notary Signing Agents?
Assignments to work as a Notary Signing Agent come mostly from signing services, title/escrow companies, and lenders. Most new Notary Signing Agents register with or align themselves with signing services. These services receive loan signing opportunities from various title/escrow companies and lenders, and maintain their own registry of Notary Signing Agents who will perform those signings. The signing service collects fees for loan signings and pays the officiating Notary Signing Agent. Some well-established Notary Signing Agents receive assignments directly from title/escrow companies and lenders, and are paid directly by these parties.
How are Notary Signing Agents compensated?
See “Who hires Notary Signing Agents?” above.
Are my Signing Agent earnings taxable?
Your Signing Agent earnings must be accurately tracked and reported as income.
Notary Signing Agent Training Course
If you're looking to go into business as a Notary Signing Agent (NSA), then this course is a great next step.
Our Notary Signing Agent Training Course, with audible narration, is designed to provide a comprehensive and informative overview of the general responsibilities of a Notary Signing Agent. You will have 24/7 access to this course, so you can learn at your own pace. At the completion of the training course, you will have the opportunity to take the American Society of Notaries certification exam, at no additional cost, to earn the Society's designation, "ASN Certified Notary Signing Agent." Plus, you get unlimited access for 9 months from course completion, allowing you to come back and refresh as needed.
Topics covered:
- Fundamental notarial practices and requirements
- Notary Signing Agent responsibilities
- Most common documents a borrower signs at a loan closing
- Sole proprietorship considerations
- Tips for working efficiently as a Notary Signing Agent
- And more
At the completion of the training course, you will have the opportunity to take the American Society of Notaries certification exam, at no additional cost, to earn the Society's designation, "ASN Certified Notary Signing Agent."
Frequently Asked Questions
What is a Notary Signing Agent?
A Notary Signing Agent is a duly commissioned Notary Public who specializes in presiding over the execution (signing) of loan documents. Lenders across the United States rely heavily on Notary Signing Agents to handle these sensitive transactions.
Can a Notary in any state perform Notary Signing Agent work?
No. Some states restrict a Notary's ability to perform Notary Signing Agent work, or ban it completely. Click here to view a list of states that currently are currently known to restrict or ban Notary Signing Agent work.
Some states where a Notary might want to be a Signing Agent are called "attorney-only." What does that mean?
It means that a Notary who is not also an attorney licensed to practice in the Notary’s state of commission is prohibited from Signing Agent work completely; or required to perform the work only under the direct supervision of an attorney who is present for the closing ceremony. Click here to view our list of state prohibitions and restrictions.
Who is this course for?
Any eligible Notary who is seeking to increase their expertise and income by becoming a Notary Signing Agent.
I recently applied for my Notary commission, but it has not been approved yet. Can I take this training course to learn how to become a Signing Agent?
Non-Notaries may take this training course, then take the exam after obtaining a commission. An active Notary commission is required for the examination.
Do I have to complete the course at one time?
No, unlike a classroom setting where you have to take the course in one sitting, a benefit of taking our training course is that once you have registered, you can log in and out of the course as many times as you wish, and the system will keep track of your progress.
How long is the course?
The course contains 12 sections with over 4 hours of in-depth content.
Is this course audio-enabled?
Yes, we provide audible narration so you may listen to the course content.
How long will I have access to the training materials?
You will have unlimited access for 9 months from course completion.
How long is the "ASN Certified Notary Signing Agent" designation valid for?
It is valid for one year.
How important is standard Notary training/knowledge to a Notary Signing Agent?
It is impossible to function as a Notary Signing Agent without a strong understanding of the fundamentals of notarization and your state's Notary law and administrative rules. Notary Signing Agents can be expected or pressured to complete notarizations that may cause the Notary to violate their state Notary law. Knowing how to notarize expertly, and when to say "No," are extremely important.
Will I automatically get jobs or assignments after becoming a Notary Signing Agent?
No, you will not automatically receive work after becoming a Notary Signing Agent. The amount of work you put into marketing yourself will determine your success. Section 6 of our course provides tips for receiving Signing Agent work.
What if I take the course and don’t get steady Signing Agent work?
Signing Agent work is widely available, but it is competitive. Some Notaries who take Signing Agent training thrive as Notary Signing Agents, and some do not. Training does not guarantee success… it provides information for you to pursue success.
I have a question about some information taught in the course – how do I ask for help?
If you are logged-in to your course, please use the “NEED HELP?” button, located at the bottom of your screen, to submit a help request, or email your questions to This email address is being protected from spambots. You need JavaScript enabled to view it.. Briefly describe your question and the course section where the content is located.
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Technical Support |
When I tried to register, it said my email was already in use. Why?
How do I change my login password?
I never received my token/link to reset my password.
Why did I receive an “invalid token” error when I try to reset my password?
I was unable to print my notary forms at checkout. What should I do?
How can I change my selected state on your website?
My account and shopping cart aren't working right. What's wrong?
Your website looks different on my computer. Why?
Can I access your website on my mobile device?
My online notary course isn't working. Why?
What browser works best?
I’m having trouble accessing parts of the website. What’s wrong?
When I tried to register, it said my email was already in use. Why?
Our website only allows one registration per email address. We do this to avoid confusion and to protect each person's account. To see if you already have an account, try logging in. If you are not able to access your account or unable to create a new one with your email address, please contact our Customer Care Team.
How do I change my login password?
If you know your login credentials, you may update your email address through your user profile. Once logged in and in your account, select ‘Edit Profile’ which is located on the right, to update information on your profile.
If you’ve lost access to the email address associated with your account and do not know your login credentials, you may create a new account with a different email address or you may contact our Customer Care Team. We’ll do our best to help, but keep in mind, if we’re not able to verify you as the account owner, we cannot give you access to the account.
I never received my token/link to reset my password.
There may be a number of reasons why you are not receiving an email to reset your password. Security measures like spam filters sometimes prevent our messages from being delivered. It can be helpful to adjust your spam filters to allow emails from This email address is being protected from spambots. You need JavaScript enabled to view it. through to your inbox. Please check your junk mail and trash folder for any messages from the Notary Public Underwriters before requesting your verification link again.
If you are unable to resolve a delivery issue to the email address you are attempting to use, please contact our Customer Care Team.
Why did I receive an “invalid token” error when I try to reset my password?
If you're trying to reset your password and you receive an error citing an "invalid token", it’s likely that you are using an invalid email link. This link becomes invalid every time a new password reset token is requested. So, if you have requested multiple password resets to your email, you will need to make sure you are selecting the token from the email that was most recently sent to you.
I was unable to print my notary forms at checkout. What should I do?
You should be able to access your notary documents by logging into your profile and clicking on the notary application icon. If needed, we can email the documents to the email address we have on file for you. Please contact our Customer Care Team if the issue persists and you are unable to access your notary documents.
How can I change my selected state on your website?
You can change your state in the header of our website. Click on the drop down menu located near the account login to select a new state.
My account and shopping cart aren't working right. What's wrong?
You must have JavaScript and cookies enabled on your computer in order for our shopping cart and account section to work correctly. To enable JavaScript on your computer, go here. You can also try using a different browser or clearing your cookies and cache. If the issue persists, please contact our Customer Care Team.
Your website looks different on my computer. Why?
To get the best results when using our website, you will want to always use one of our supported browsers. We currently support: Apple Safari, Google Chrome, Mozilla Firefox and Opera.
Can I access your website on my mobile device?
Yes, our website will work on any mobile device with web browsing capabilities via an active data plan through a wireless carrier or a Wi-Fi connection. As a reminder, you may be required to print forms from the process and will need access to a printer.
My online notary course isn't working. Why?
First, please verify you did purchase the Florida notary education course through Notary Public Underwriters. Once you have verified your course purchase, please make sure you are using a browser that isn’t Internet Explorer. JavaScript and cookies should be enabled on your browser. To get the best results when using our website, you will want to always use one of our supported browsers. We currently support: Apple Safari, Google Chrome, Mozilla Firefox and Opera. If you are still having issues, please contact our Customer Care Team.
What browser works best?
To get the best results when using our website, you will want to always use one of our supported browsers. We currently support: Apple Safari, Google Chrome, Mozilla Firefox and Opera.
Important: Internet Explorer (IE) has been removed from our list of recommended browsers. This decision comes after Microsoft announced it would no longer support older versions of the browser. We are not confident that IE 11 will provide you the best user experience as Microsoft's own cybersecurity experts said, "We’re not supporting new web standards for it and, while many sites work fine, developers by and large just aren’t testing for Internet Explorer these days.”
You must also have JavaScript enabled on your web-browser.
For quick and easy instructions on how to enable JavaScript, please click here.
I’m having trouble accessing parts of the website. What’s wrong?
If you are having an issue using our website, it could be for a number of different reasons. First, check your browser, and ensure you have the most up to date version. We do not recommend using Internet Explorer. Second, check you have cookies enabled on your browser. If you’ve verified that cookies are being accepted, and you’re still experiencing problems with the website, please clear your cookies and cache, close your browser, and try again. If you are still experiencing issues, there could be a temporary problem with our website. If this is the case, we would recommend contacting our Customer Care Team. If able, please take screenshots of the issue. They will be very helpful in diagnosing and resolving issues with our website.
If you don't see your question listed above, please contact our Customer Care Team. We'd love to assist you.
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Change of Name or Address |
Do I notify the state of Florida of a name change?
I’m a Florida notary public, what must I do if I change my address?
What should I do with my active commission, if I have moved out of the State of Florida?
I got married several months ago and changed my name. How do I get a new Florida notary stamp?
Do I notify the state of Florida of a name change?
Yes. Florida law requires you to obtain an amended commission within 60 days of the change of your legal name. If Notary Public Underwriters is your notary bonding agency, please contact our Customer Care Team to request a name change application form.
I’m a Florida notary public, what must I do if I change my address?
You must notify the Florida Secretary of State in writing of any change in your residence or business address or telephone number within 60 days of the change. You may download the Address Change Form and email it to This email address is being protected from spambots. You need JavaScript enabled to view it. to notify us of the change and file it with the State of Florida.
What should I do with my active commission if I have moved out of the State of Florida?
If you have moved out of the State of Florida, unfortunately you are no longer able to continue your Florida notary commission. You will need to contact the Governor’s office to resign your commission. Please note: Whenever you resign a notary commission, if you ever apply for a notary commission in Florida again, the Governor’s office will need to review your application before approving, which may cause delays.
I got married several months ago and changed my name. How do I get a new Florida notary stamp?
If you have legally changed your name, you will need to complete an amended commission request and submit it to your bonding agency. Florida law requires you to obtain an amended commission within 60 days of the change of your legal name. If Notary Public Underwriters is your notary bonding agency, please contact our Customer Care Team to request a name change application form.
If you don't see your question listed above, please contact our Customer Care Team. We'd love to assist you.
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Notary Application Process |
Is there an age requirement to become a Florida notary public?
How can I apply online to become a Florida notary public?
How to renew Florida notary commission?
How do I take the Florida notary Oath of Office?
How long does the Florida notary public application take?
What address should I mail my completed online Florida notary application to?
I made a mistake on my submitted Florida notary application. How do I correct it?
My legal name is hyphenated with my maiden name and married name, but I am divorced and don't typically use my hyphenated last name. Although my hyphenated last name appears on my driver's license and social security card, am I able to use just my maiden name (without the hyphen) on the Florida notary?
I was told that it would take up to 8 weeks for the Florida Governor’s Office to review my Florida notary application. Is this true?
My Florida notary commission expired. I wish to become a notary again. Can I renew my notary commission or do I need to start a new notary application?
May I be appointed as a Florida notary public if I live in another state?
May I be a Florida notary public if I have a criminal record?
How close to my expiration date should I renew my Florida notary commission?
Does the Florida notary application and notary bond require notarization?
Can I apply for my Florida notary public commission over the phone?
Is there an age requirement to become a Florida notary public?
Yes. You must be at least 18 years of age to become a Florida notary public.
How can I apply online to become a Florida notary public?
Notary Public Underwriters makes applying online to become a Florida notary easy! Our online Florida notary application process allows you to customize your notary package and pay online using a credit card. At the end of your order, just print, sign and send your forms to our office for processing. Click here if you are interested in becoming a notary or here if you would like to renew your Florida notary commission.
How to renew Florida notary commission?
Visit our Renew your Florida Notary Commission page to use our quick and simple online Florida notary application process!
Once you have finished the Florida notary renewal application process online, simply print out your completed forms, sign in the indicated areas and send it to our office for processing.
Mail your signed Florida notary forms to:
NOTARY PUBLIC UNDERWRITERS
P.O. Box 5378
Tallahassee, FL 32314-5378
If you have any questions about the Florida notary renewal process, please do not hesitate to contact our friendly Customer Care Team.
How do I take the Florida notary Oath of Office?
The Oath of Office is printed on the Florida notary application form. You take the Oath by signing under the penalties of perjury.
How long does the Florida notary public application take?
The entire process, from the time we receive your complete Florida notary application packet to your products being mailed, should take approximately 5 to 7 business days.
Our online Florida notary application and renewal process makes the paperwork quick and simple. It allows you to customize your new or renewal Florida notary package and even gives you the option to upgrade your state-required seal to a round or mobile version. Visit our Become a Notary or Renew Commission pages today to get the application process started!
If you prefer to pay by check or money order, please visit our Florida Notary Forms page to download the required paperwork to mail in with payment.
What address should I mail my completed online Florida notary application to?
You will mail your Florida notary application and notary bond to:
Notary Public Underwriters,
P.O. Box 5378
Tallahassee, FL 32314
If you are planning to use UPS, FedEx, signature confirmation mail or expedited mail, the physical address is:
5524 Apalachee Parkway
Tallahassee, FL 32311
Note: Please send all expedited mail to the physical address. Any expedited mail sent to the P.O. Box may result in delays.
I made a mistake on my submitted Florida notary application. How do I correct it?
If the information you entered is incorrect, you may make the correction on the form directly by making a mark through the incorrect information and providing the correct information. Online applications cannot be changed once the order is placed, but we will make the correction once the application gets to our office.
If the application has already been submitted to our office, you will need to contact our Customer Care Team so we can determine the correct course of action.
My legal name is hyphenated with my maiden name and married name, but I am divorced and don't typically use my hyphenated last name. Although my hyphenated last name appears on my driver's license and social security card, am I able to use just my maiden name (without the hyphen) on the Florida notary?
Unfortunately, your Florida notary commission should be in your official legal name. If you want your notary commission to include just your maiden name, you would legally need to change your name. Whatever name you use on your Florida notary application will be the name your commission is under.
If you have any further questions, please contact our Customer Care Team.
I was told that it would take up to 8 weeks for the Florida Governor’s Office to review my Florida notary application. Is this true?
For special circumstances, such as revoked professional license, disciplinary action and felony convictions, your application must go to the Governor's Office for approval. This may take a minimum of 8 weeks; however, if your application is sent to the Florida Governor's Office without all of the proper documentation, it may result in additional delays.
First time Florida notary applicants: We will submit your Florida notary application to the Secretary of State's office for approval within 24 hours of receiving your completed Florida notary paperwork and education certificate. The current turnaround time for Florida notary applications is approximately 3 days.
Renewing Florida notary applicants: The State will accept your Florida notary renewal application within 4 months of your current expiration date. We will send your application to the State as soon as it is within the filing timeframe. Again, the Secretary of State's office approves within 3 business days.
If you have specific question about your Florida notary application, or would like to check the status, please contact our Customer Care Team.
My Florida notary commission expired. I wish to become a notary again. Can I renew my notary commission or do I need to start a new notary application?
You will be renewing your Florida notary commission. When you choose to renew, you will still be required to fill out a new application; this is required by the state to ensure they have updated, accurate information.
The only difference between a renewing Florida notary and a new Florida notary is that a new notary is required to take a notary education course, while renewing notaries are not required to. If you feel you need a refresher, we encourage you to purchase our Florida notary education course.
Please, visit our Renew Commission page to start the process of renewing your Florida notary commission today.
If you have more questions about the notary application process, please contact our Customer Care Team.
May I be appointed as a Florida notary public if I live in another state?
No. Only a person who is a legal resident of the state of Florida may become a Florida notary public.
May I be a Florida notary public if I have a criminal record?
Maybe. You are required to disclose convicted felony charges in a written statement and submit the related court documents along with your Florida notary application. You must also submit proof that your civil rights have been restored. The Florida Governor’s Office makes decisions about these appointments on an individual basis.
Learn more about the requirements to become a Florida notary public here.
How close to my expiration date should I renew my Florida notary commission?
The Florida Secretary of State will accept applications for renewal approximately four months before your expiration date. Renewing early does not shorten your current term. Be sure to allow plenty of time to complete all the forms and mail them to Notary Public Underwriters prior to expiration. This will ensure you do not have a lapse between commissions. Please see the Renew Commission page for more information.
Does the Florida notary application and notary bond require notarization?
No. Neither the Florida notary application nor the notary bond requires notarization by a notary public. However, you must swear or affirm under the penalties of perjury that all information in the application is correct. By submitting our online application you are confirming this as well.
If you are trying to Become a Florida Notary or Renew Your Florida Notary Commission, try our easy online notary application process that allows you to customize your new or renewal notary package and pay by credit card online.
If you prefer to pay by check or money order, please visit our Florida Notary Forms page to download a notary application and order form to mail with payment.
Can I apply for my Florida notary public commission over the phone?
You cannot apply to be a Florida notary public or renew you Florida notary commission over the phone. You can apply online on our website. Click Become a Notary or Renew Commission to start the online Florida notary application process.
If you don't see your question listed above, please contact our Customer Care Team. We'd love to assist you.
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Notary Acts |
What does it mean to “notarize a signature”?
What notarial acts am I authorized to perform as a Florida notary public?
Am I allowed to refuse a notarization in the State of Florida?
Can I notarize a paper that has been made out to me?
May I perform a notarization when I am a party to the transaction?
Can I perform a notarization for a family member?
My husband is a Residential Contractor. Occasionally he needs forms notarized for his business. I am a Florida notary public. Am I allowed to notarize these forms for his construction company?
Can a Florida notary public notarize a photograph?
May I help a friend fill out immigration papers?
I am a Florida notary public, may I assist a client with legal documents?
May I notarize my own signature?
May I charge a fee for my Florida notary services?
Are Florida notary fees considered taxable income?
Am I required to keep a record of my notarial acts in the state of Florida?
Why should I keep a record book?
How do I limit my liability as a Florida notary public?
Do I have any liability as a Florida notary public?
What can a Florida notary public charge for officiating a marriage ceremony?
What wording must be included in a marriage ceremony performed by a Florida notary public?
Is just a notary stamp sufficient to notarize a document in the state of Florida, or is a raised seal (making an impression) also required?
How old do witnesses have to be to sign the marriage license in the State of Florida?
What is the difference between an Oath and an Acknowledgment?
How do I administer an oath for a document?
How do I take an acknowledgment?
Are Florida notaries allowed to perform marriage ceremonies?
Is a Florida marriage license good in any Florida county?
When officiating a marriage ceremony in the state of Florida, what should I do with the marriage license?
May a Florida notary public perform a marriage ceremony for a family member?
May I notarize a signature of a blind person?
What is the venue on a Florida notarial certificate?
What are the steps for performing a notarization?
What should I do if a signer objects due to religion?
What does it mean to “notarize a signature”?
“Notarize a signature” is a generic phrase used when administering an oath or taking an acknowledgment, the two most common notarial acts.
What notarial acts am I authorized to perform as a Florida notary public?
The main duties of Florida notaries public are to administer oaths and take acknowledgments. Florida notaries may also make attested photocopies of certain documents, solemnize marriage, verify vehicle identification numbers on official forms transferring title, and certify the contents of safe deposit boxes for nonpayment of rental fees.
Am I allowed to refuse a notarization in the State of Florida?
Yes, if proceeding with notarization would cause you to commit a prohibited act, or if any of the required elements/criteria for performance of a proper Florida notarization are missing. Situations that may require you to refuse include when you doubt that the signer is competent or willing to execute the document; or you are being asked to bend a rule of notarization such as requiring the signer to be present before you; or the document presented for notarization is clearly incomplete.
If you are an employee-notary, your employer controls how you manage your time and tasks while on the job, so you may need to refuse a notarization requested during business hours. If you must refuse for this reason, you may offer to perform the notarization during non-work hours.
Use your best judgment, and always know and follow notarial law, when weighing whether you should refuse a notarization.
Can I notarize a paper that has been made out to me?
According to Florida Chapter 117, a Florida notary public may not notarize a signature on a document if the Florida notary has a financial interest in or is a party to the underlying transaction. If the document has your name on it by mistake, the signer will need to obtain an updated version of the document with your name removed.
May I perform a notarization when I am a party to the transaction?
No. If you are a party to the transaction or if you have a financial and/or beneficial interest in the transaction, you may NOT be the notary for this transaction. You would not be impartial, and the transaction could be deemed unlawful or unenforceable.
Can I perform a notarization for a family member?
Florida notary law only specifically dictates you cannot notarize a signature for a spouse, son, daughter, mother or father. However, Notary Public Underwriters recommends you DO NOT complete a notarial act for ANY member of your family, including in-laws. It is difficult to sustain your notarial duty as an impartial witness for a family member.
My husband is a Residential Contractor. Occasionally he needs forms notarized for his business. I am a Florida notary public. Am I allowed to notarize these forms for his construction company?
No. As a Florida notary public one of your main objectives is to be an impartial, unbiased witness. Florida law prohibits a notary from completing a notarization for their spouse, parents or children. If you complete the notarization, it may be seen as void and legal problems may arise. Your husband will need to find another Florida notary to complete his notarization.
Can a Florida notary public notarize a photograph?
No. This is not an authorized duty of a Florida notary. An alternative would be to notarize the signature of a person who is willing to certify the authenticity of the photograph in a sworn statement.
May I help a friend fill out immigration papers?
No. Only attorneys or qualified immigration specialists may perform these duties.
I am a Florida notary public, may I assist a client with legal documents?
No, not unless you are an attorney licensed to practice law in the state of Florida. Furthermore, you may not explain the contents of a document or give any advice about the document. If you do, you may be found guilty of the unauthorized practice of law.
May I notarize my own signature?
No. Notarizing your own signature violates the requirement for impartiality. Violation of this prohibition is a felony crime.
May I charge a fee for my Florida notary services?
Yes. The state of Florida allows you to charge a maximum fee of $10.00 per notary act. You may charge $30.00 to perform a marriage ceremony in Florida. If you charge a higher fee than prescribed by law, the Governor may suspend your commission. Florida law does not address miscellaneous travel fees for notarial acts. Without the guidance of any rule, Florida notaries are allowed to charge a travel fee as long as the signer is made aware prior to the travel and the transaction occurring. Travel fees are not considered notary fees. They should be billed separately from any fee for notary service. While travel fees may appear on the same invoice as notarial fees, they should be presented as a separate line-item to avoid confusion.
Are Florida notary fees considered taxable income?
Yes, fees collected while performing your duties as a Florida Notary Public are considered taxable income. A good way to keep up with your Florida notary fees is to record the amount charged for each notarization in your Florida notary record book. It is a good idea to consult your tax advisor for specific information about reporting Florida notary fees as income.
Am I required to keep a record of my notarial acts in the state of Florida?
No. Florida law does not require Florida notaries to keep a record book. However, the Florida Governor’s Office recommends notaries keep a record of all official notarial acts in a journal or record book. Although not required, you should record at least the following information: the date of the notarial act, the type of act performed, the type of document, the name, address and signature of each person whose signature was notarized, and any special notes or comments about the notarization. Our Florida notary public record book complies with the suggestions of the Governor’s Office for record keeping.
Why should I keep a record book?
Record books are an inexpensive way to keep a record of every notarization you perform. There are several advantages, including:
--A record book can serve as a check-list of the steps of notarization.
--A record book may protect you against a claim of negligence or impropriety.
--A record book may help prove you notarized a document when there is a question about your signature or when the notarial certificate is destroyed or marred in some way.
--A record book can refresh your memory about a notarization you do not recall.
--A record book is reliable as evidence in court if you have to testify about a notarization.
--A record book not only protects you, but may also protect your customer and your employer.
--A record book is a great tool to calculate fees collected for notarial services, so you may accurately report your income to the IRS.
How do I limit my liability as a Florida notary public?
To limit your liability as a Florida notary public, know and follow Florida notary laws, take responsibility for your own Florida notary education, keep informed about Florida notary law changes, never make any exceptions for anyone, use reasonable care and common sense in performing your notarial duties, carry Errors & Omissions Insurance and keep a Florida notary record book.
Do I have any liability as a Florida notary public?
Yes. The public counts on Florida notaries to perform their duties properly. By making an error on a notarization, you could cause someone to lose their property or be responsible for a multi-million dollar transaction being voided. As a result, a court could find you liable for the loss and enter a judgment against you. Most surety companies demand repayment if they pay a claim against your notary bond. In addition, whatever your bond does not pay, you would be liable for.
What can a Florida notary public charge for officiating a marriage ceremony?
The state of Florida allows a Florida notary public to charge $30.00 to perform a marriage ceremony. If you charge a higher fee than prescribed by law, the Governor may suspend your commission.
Florida law does not address miscellaneous travel fees for notarial acts. Without the guidance of any rule, Florida notaries are allowed to charge a travel fee as long as the signer is made aware prior to the travel and the transaction occurring. Travel fees are not considered notary fees. They should be billed separately from any fee for notary service. While travel fees may appear on the same invoice as notarial fees, they should be presented as a separate line-item to avoid confusion.
What wording must be included in a marriage ceremony performed by a Florida notary public?
The couple can choose the ceremony script. They can even personalize it as long as there is a verbal commitment made by each party to the other party in the presence of the Florida notary public. Our Marriage Kit includes sample ceremonies, making your job easier!
Is just a notary stamp sufficient to notarize a document in the state of Florida, or is a raised seal (making an impression) also required?
The primary notarial tool in the state of Florida is your Florida notary stamp. You may use an embosser (to make the raised seal), if you wish, but it MUST be used in conjunction with your Florida notary stamp. It cannot be used in replacement of the notary stamp and is only recognized as decoration.
How old do witnesses have to be to sign the marriage license in the State of Florida?
Witnesses for a Florida marriage license are not required by law; however, it is recommended. Witnesses are further proof the ceremony took place. Any witnesses should sign the Florida notary public's record book. Notary Public Underwriters recommends the witnesses be 18 years of age or older, but since the witness signatures are not being notarized, there is no age requirement. Witnesses may need to be available in the future should testimony be required.
What is the difference between an Oath and an Acknowledgment?
With an Oath, the affiant is swearing to the content of a document. With an Acknowledgment, the affiant is acknowledging that he/she did sign the document, willingly and for purpose stated within the document.
How do I administer an oath for a document?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you will administer the oath by asking a simple question, “Do you solemnly swear the information contained in this document is the truth, so help you God?” For an oath, you must witness the person signing the document.
*If the document being presented has already been signed, the signer will need to sign the document again, in the presence of a notary.
How do I take an acknowledgment?
Assuming the document is ready for notarization and the signer has been satisfactorily identified and is willing to sign the document, you take the signer’s acknowledgement by asking a simple question: “Do you acknowledge and declare this is your signature, you understand this document, and you willingly signed the document for the purposes stated herein?”
Are Florida notaries allowed to perform marriage ceremonies?
Yes. Florida notaries public are authorized to perform marriage ceremonies if the wedding ceremony takes place in Florida and the couple obtains a valid Florida marriage license prior to the ceremony.
Is a Florida marriage license good in any Florida county?
Yes, a Florida marriage license is valid within any county in the state of Florida. However, after the wedding, the marriage license must be filed with the county Clerk’s Office where it was issued within 10 days of the ceremony.
When officiating a marriage ceremony in the state of Florida, what should I do with the marriage license?
The Florida notary public must get the marriage license from the couple prior to the wedding ceremony. The Florida notary should verify it is valid by checking the effective and expiration dates and confirm it contains the Clerk’s signature and official seal. After the ceremony, you must complete the appropriate section certifying you have joined the couple in marriage. As the performing official, you must return the marriage license to the Clerk’s Office that issued it within 10 days after the ceremony. The Clerk will record the license and send a certified copy to the couple.
May a Florida notary public perform a marriage ceremony for a family member?
Yes. The law permits a Florida notary public to perform a marriage ceremony for a family member because they are not notarizing anyone’s signature on the license. A Florida notary public only certifies that they have performed the marriage ceremony.
May I notarize a signature of a blind person?
Yes. But only if you first read the document to the person and you feel sure about the person’s understanding and willingness to sign.
What is the venue on a Florida notarial certificate?
“State of Florida, County of _____”
This notation is called the venue. It is the location of the notarization – not the county where you live or work.
What are the steps for performing a notarization?
Follow these general steps for every notarization you perform:
1. Require the personal appearance of the document signer. Never make an exception!
2. Examine the document to ensure it is complete and contains a properly formatted notarial certificate.
3. Identify the signer, either through your personal acquaintance of the individual or some type of satisfactory evidence, such as a valid driver’s license, passport or another form of acceptable identification listed in the notary law.
4. Enter the transaction into your record book. Although the law does not require it, the Governor’s Office recommends you keep an official record of all your notarial acts.
5. Perform the notarization ceremony. You must communicate verbally with the signer to perform the notarial act. The person usually signs the document at this point.
6. Complete the notarial certificate. Make sure the information is correct and complete. Do not forget to sign and seal the certificate.
What should I do if a signer objects due to religion?
A legal alternative to an oath is an affirmation. Ask the question: “Do you solemnly affirm under the penalties of perjury the information contained in this document is the truth?”