Updated 4-29-19. A Notary is not a lawyer. In fact, it is against the law for Notaries who aren't attorneys to provide certain kinds of advice and services. This is known as Unauthorized Practice of Law (UPL) and can carry serious consequences for a Notary, including hefty fines, a suspended or revoked commission and even conviction for a criminal offense. It’s crucial to understand exactly what services fall under the unauthorized practice of law — and how to avoid them. Wha

While a Notary’s role in identifying document signers and preventing fraud is important, you are not allowed to use your commission to perform certain services. Here are 3 examples of things you cannot do as a Notary: 1. Don’t Endorse Advertising As A Notary 2. Don’t Use Your Notary Office To Offer Improper Legal Advice 3. Don’t Use Your Notary Seal To Make A Document Appear “Legal” Why You Shouldn’t Endorse Advertisements Notaries are sometimes asked to use their seal or off

On January 1, a new California law takes effect that requires California Notaries to use new certificate wording for acknowledgments, jurats and proofs of execution. 5 Facts about the 2015 CA Certificate Law Here are five important facts you need to know about the new certificate law: A new consumer notice must appear in every acknowledgment certificate attached to or included on a document to be filed in the state of California, jurat certificate and proof of execution certi

Updated 3-20-19. The two most common notarizations requested by customers are acknowledgments and jurats. But not everyone knows the difference between these two acts. Here are some of the important points you should know. What Is An Acknowledgment? The purpose of an acknowledgment is for a signer, whose identity has been verified, to declare to a Notary or notarial officer that he or she has willingly signed a document. 📷 Click to expand. An acknowledgment requires the foll

Many customers have no idea what type of notarization they need when they visit a Notary. But at the same time, Notaries cannot choose a notarial act on a signer's behalf. Follow the steps below to help you figure out what notarization your customer needs without violating the law. Step 1: Check for pre-printed wording. Many documents come with pre-printed Notary wording that clearly indicates what type of act is needed. For example, if your state requires specific wording fo

Updated 7-9-18. "I need this notarized" is one of the most common requests heard from signers. But signers often don't realize there is more than one kind of notarization. You need to know the difference between common notarial acts in order to perform your duties properly. Acknowledgments The purpose of an acknowledgment is to ensure that the signer of a document is who they claim to be and has voluntarily signed the document. Acknowledgments often are needed for documents c

A signer from another country asks you to perform a notarization for him. The only identification he has is a passport from his country. It’s a little worse for wear and you’re unclear whether it has expired. The obvious question that comes to mind is: Can I accept this? With 43 million people from other countries living in the United States, there’s a good chance that you’ve encountered this circumstance. No matter how thorough you are about other details, any notarization i

Number 1: What Is Acceptable ID? This clearly takes the top spot. One of the key reasons it comes up so often is that Notaries are confronted with a growing array of identity cards. Consider that every state and U.S. territory issues driver’s licenses and ID cards. On top of that, there are inmate IDs, tribal IDs and identity cards issued by federal government agencies. Then there are the identity cards and passports issued by every country in the world. Given the mobile natu

Updated 7-9-18. Notaries are sometimes asked to notarize using unorthodox technology such as a webcam instead of personal appearance. Other unusual tech-related requests include identifying a witness who is providing testimony via telephone or notarizing a faxed document signature. We asked our NNA Hotline experts how to handle these requests. Can I use FaceTime or a webcam in lieu of personal appearance? Major companies and small businesses across the globe are relying more

1. Failing To Require The Signer To Appear  Experts all agreed that failing to require a signer to physically appear before you is the most common mistake that lands Notaries in legal hot water. Notarizing without a signer’s personal appearance is a violation of law in every state and territory, and can result in major financial and legal penalties. Lori Hamm, Notary Compliance and Education Officer for the Montana Secretary of State’s Office, described a case in which a man

A Notary working in the Pennsylvania Attorney General’s office provided key evidence that helped convict her boss of perjury and several other charges. Prosecutors praised the Notary for her superior recordkeeping practices. Kathleen Kane, who was elected Pennsylvania’s Attorney General in 2012, recently was sentenced to 10 to 23 months in prison after being convicted of nine counts of perjury, conspiracy and other charges, according to media reports. Prosecutors claimed that

Loan document signings are crucial financial transactions for signers. It’s understandable that borrowers often have questions, and the Notary Signing Agent is often the first person they ask.  But providing unauthorized advice or the wrong answers could cause serious problems for the borrower or lender — and put the Signing Agent at risk of liability and loss of future assignments. Here are 3 of the more common risky questions borrowers ask and guidance about how to answer t

Wanda Scheib, a Notary who worked in the Pennsylvania attorney general’s office, had been doing her job for more than 20 years before her journal became the star of a criminal investigation that ultimately helped convict her top boss of perjury. As a commissioned Notary, Scheib felt a responsibility to follow the law by keeping meticulous journal entries and always adhering to best practices. Although the high-profile case is unusual, Scheib’s actions underscore the true valu

If you’re a California Notary, you may be caught off guard if you’re handed a driver’s license this year that no longer lists the bearer as being either “Male” or “Female.” Don’t be alarmed — this option is now legal under a new state law, and you may still accept licenses and IDs with this new gender option issued by the California Department of Motor Vehicles (DMV) when you perform a notarization. Senate Bill 179, signed into law last October by Governor Brown and which too

Trick 1: The fraudster could ask you to hurry If your signer says, “I can’t wait; I have 5 minutes to do this,” the hope is that you will be distracted and cut corners while performing the notarization, perhaps forgetting to obtain proper identification or a signature in your journal. Trick 2: The fraudster could ask you for a favor Tragically, the favor often comes from someone you know. One Notary was asked by an employee to notarize her parents’ signatures on a deed convey

I'm a mobile traveling notary public based in North Hollywood and Sherman Oaks CA. One of the services that I offer are Hospital visits. Over the weekend I had notary jobs to do at the Los Angeles General Hospital . I have visited other hospitals in Van Nuys, Sylmar, Mission Hills, and Kaiser in Sunset. If you are in need of a notary public that needs to make a Hospital visit, feel free to contact me to book an appointment. The biggest question that we have as notaries for Ho

Updated 2-25-19. Notarizing a signature on a foreign-language document may present some tricky issues if you don't read or speak the language. How can you be sure the document says what is claimed? What if the signature is in a language you don't understand? Before notarizing a foreign-language document, here are three important questions you need to answer. Can I notarize foreign-language documents? The first and most important thing is to check if your state’s Notary laws,

Signers often need important legal or business documents notarized but aren’t sure how to complete them, so they may turn to you for help: “Help me out. Can you tell me what information I need to fill in here?”“Can you prepare a power of attorney document for me?”“What kind of notarization do I need for this type of document?” The Risk: Notaries who are not attorneys are prohibited from giving legal advice that they aren’t qualified to provide. This is referred to as the unau

Can a Notary accept a photocopy of a valid ID as identification? No. A Notary may not use a paper copy as form of ID. This has happened to me a few times where a client would hand me a printed copy of a driver's license. Unfortunately, we are not able to take this as form of ID. When getting calls to visit a hospital or convalescent home, the very first question I ask is if the signer has a physical ID present. This helps prevent loss of time, and delays. If signer does not h

I'm a mobile traveling notary public based in North Hollywood and Sherman Oaks CA. One of the services that I offer are Hospital visits. Over the weekend I had notary jobs to do at UCLA Ronald Reagan. I have visited other hospitals in Van Nuys, Sylmar, Mission Hills, and Kaiser in Sunset. If you are in need of a notary public that needs to make a Hospital visit, feel free to contact me to book an appointment. The biggest question that we have as notaries for Hospital signings