Notary “Presentments”—Understand Exactly What You’ve Agreed to Do

In the business world, the term “presentment” refers to automation of document distributions among employees, colleagues, partners, customers, and any other persons or entities who share information with each other.  One simple example of this type of presentment is the distribution of invoices from a supplier to all its customers.

But as described by some, “presentment” is a new way for entrepreneurial notaries to earn additional income… a process combining the services of a document courier with the trustworthy image of a notary public.

 

What is a presentment? 

In the simplest terms, “presentment” is a demand made to a party to pay a negotiable instrument that has been received, but “dishonored” by nonpayment.  For example:

1. Person X* owes Person Y money as agreed upon in a promissory note.
2. Person X has not yet paid the debt.
3. Person Y decides to give Person X a written demand—a “protest” —for payment. A notary is used to “present” the demand.
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   *NOTE:  “Person” means an individual or an entity.

Should a notary accept an appointment to perform a “presentment”? 

First, you must be sure that your state authorizes you to perform this service.

The clear majority of U.S. states (75%) authorize their notaries to “note protests,” a traditional term for presentments.  Before accepting an assignment to perform a “presentment,” check your state law to verify that it authorizes you to note protests. 

If you confirm that your state does authorize noting protests, the next recommended step is to ask any party requesting your presentment services, or recruiting you to be on-call for future appointments, to provide a sample of any documents that you would be expected to complete as part of performing the presentment. 

Review these documents carefully, to assure yourself that no form or letter you are expected to notarize is not also a form or letter you are expected to agree to by signing it.  That circumstance would result in notarizing your own signature—a prohibited act for notaries in all U.S. states.

Finally, avoid “presenting” clearly fraudulent or nonsensical demands.  For decades, presentments and similar legitimate processes have been exploited by persons either attempting obvious and outright fraud, or seeking a “fringe” alternative to complying with the laws and conventions of organized society.  The perpetrators want to capitalize on the trust and respect the general public feels for notaries and notarized versus non-notarized documents.  Think twice before agreeing to presentment of any documents containing clearly outlandish/nonsensical statements or allegations, or that purport to impose on the recipient any “laws” of a person or persons who believe themselves to be immune from the requirements of U.S. state and federal law.