Mistakes happen. We’re only human.
But you can help decrease your liability by having a mental (or physical checklist) when you complete notarizations. Proper procedure ensures notarial acts become a habit for you, and you instinctively complete all necessary steps.
When notary publics look at the list of the most common mistakes, they assume they would never make those mistakes. These errors are not egregious blunders, but are the basics and fundamentals to completing a notarial act. The basic elements are often the most overlooked, though.
Common mistakes are:
Not requiring personal presence
Failure to require proper ID
Making mistakes on the notarial certificate
Failure to properly record the notarial acts
Confusing notarial acts
If you ever do feel confused, you do have immediate help. Either call our Customer Care line at 800-821-0821 or reach out to us on any social media platform. If you are feeling overwhelmed an education course is never a bad idea. Majority of the time, these problems arise simply because a notary overlooks a step in a notarial act. Therefore, we have compiled a guide for you-- The Ultimate Notary Guide.
Require Personal Appearance:
There are never any exceptions to this rule. This is the cornerstone of the next steps. How will you fulfill your duty of preventing fraud if you do not have the signer physically present for the notarial act? Only with the signer present can you properly identify him and ensure they are aware of the notarial act about to take place.
Identify the Signer:
Each state has their regulations to what constitutes proper identification. Photo identification must be presented for all states. Be sure to look into your state’s specific policies. They can be found in your state’s handbook, on the Secretary of State’s website or you may call our Customer Care line at 800-821-0821.
There are stipulations that may be used.
Personally Known: You may identify a person whom you personally know. This constitutes an individual about whom you have no doubt to their identity—it would be a close acquaintance who you have interacted with for a length of time.
Identification by Credible Witness: This may occur in one of two ways: A.) One credible witness whom is personally known to the notary and also knows the identity of the signer. B.) Two credible witnesses are present, and the notary knows neither but they personally know the signer and can produce sufficient identification for themselves.
Examine the Document
Before you complete the notarial act, be sure you inspect the document. You do not need to understand the contents of the document, you are simply ensuring it is adequately complete for the notarial act.
Read the notarial wording on the document and ensure it matches the notarial act the signer asked you to complete. If it does not clarify with the signer. You cannot choose or advise on which act should be completed—you can only explain the different notarial acts.
Ensure there are no blanks in the document. If there are you should fill them in, or put N/A in their place.
The document should not be dated after the date of the notarization.
Enter the Transaction in Your Record Book:
We advise you to enter the transaction in your record book before the notarial act is completed, for many times after the act is done notaries forget to record it. Furthermore, once the act is completed, the signer has a tendency to want to end the appointment.
Not all states require you to keep a record book, but NPU suggests all notaries public stay up-to-date with their record book as another way to decrease their liability.
Perform the Notarial Act:
Perform the notarial act the signer requested. Complete the steps for each act. Have the signer sign the document in your presence if the act is an oath.
Complete the Notarial Certificate:
The notarial certificate reflects the notarial act that was completed. If the act attached to the document does not match the act actually completed, simply cross through it and attach one with the correct wording.
If need be, you will have to attach a loose certificate. Read our blog on attaching loose certificates for the best methods to decrease your liability.
Remember to check the venue listed matches the county the notarization occurred in, and the date is correct. This is where the printed and signed name of the individual will be needed, as well as your official signature which matches your commission.
Seal the certificate. Emboss it if your state requires or you so wish to.
Each notarization you complete will be different—the basics do not change. This guide will help you navigate through any notarial act, and remind you to complete necessary steps. This is a basic guide for you to help decrease your liability.
You can never be too safe, though. If you have added tips, please contact us at 800-821-0821. Your advice could help your fellow notary public.
Mistakes happen. We’re only human.
But you can help decrease your liability by having a mental (or physical checklist) when you complete notarizations. Proper procedure ensures notarial acts become a habit for you, and you instinctively complete all necessary steps.
When notary publics look at the list of the most common mistakes, they assume they would never make those mistakes. These errors are not egregious blunders, but are the basics and fundamentals to completing a notarial act. The basic elements are often the most overlooked, though.
Common mistakes are: