Notarization "Musts"

In this age of Identity Theft & Fraud, the Notary Public is on the front line to make sure to provide the following at each signing activitiy:

Provide signer(s) appearing before the Notary Public or Notary Signing Agent a "Pledge of Ethical Practice":

"I am not an attorney and therefore, by law, I cannot explain or intreprete the contents of any document for you, instruct you on how to complete a document or direct you on the advisability of signing a particular document. By doing so I would be engaging in the unauthorized practice of law, and could face legal penalties that include the possiblity of incarceration. Any important questions about your document should be addressed to the lender, title company or an attorney."

Also, Notary Public and Notary Signing Agents must ensure the signer(s) are who they say they are:

• "The document signer must personally appear before the Notary at the time of notarization—not before, not after.  A telephone call from the signer(s) of the Notary’s familiarity with a signature is not personal appearance. 

 

• The Notary must hold and scan document to note unfilled blanks and glean information (title name of signer(s), number of pages, etc) for recording in journal of notarial acts.

 

• The ID card must have a photograph, a signature, and a physical description of the document signer(s).

 

• The Notary look closely at the ID card provided by the signer(s) to make sure that the ID card was issued by the state in which the document  signer(s) reside.

 

• The Notary must make a record of each notarization and require the document signer(s) to affix a signature and a thumbprint identification in journal of notarial acts.  The thumbprint identification can be used as evidence in a court of law to show that the document signers(s) personally appeared before a Notary Public. 

 

• The Notary must not certify a copy of a birth certificate or other vital record or of a recordable document such as a deed.  Copies of these documents must be issued only by the appropriate public records custodian."

© 2001 National Notary Association

For more information contact:  www.nationalnotary.org

 

 

 

 

rev: 27 Sep 2007