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Notaries must avoid Conflicts of Interest

If you want to become a Notary in New York, be aware that as a notary public, we are regulated by a standard of ethics. As such, we are obligated to conduct ourselves in an honorable way. So, notaries must avoid conflicts of interest. Therefore, when a conflict of interest does arise, we should not notarize the document.

In an effort to assure we don’t enter into a potential dispute, we need to familiarize ourselves with the ethical standards for notaries. Let’s face it. We hold a very special post with our given state. So, we should not forget that we are party to some very personal information. You can review the New York Notary License law by visiting the New York Department of State.

So, what is a conflict of interest? Well, if you perform an act in which you have interest in, or potential benefit from, you may have a conflict of interest. A conflict of interest occurs when an individual’s personal interests or relationships could improperly influence their professional decisions or actions. This situation compromises impartiality, potentially leading to biased judgments or actions that benefit the individual at the expense of their responsibilities or the organization they represent. Here are some examples.

• You are a party to the document
• You have potential financial gain from the document
• You have potential material gain from the document. Such as, land, personal property, etc.
• Providing notary service for a family member. This gets tricky. In New York State, notaries are NOT disqualified from notarizing an instrument based on family relationship. Other states do. In any case, if your state allows it, be very careful in this area.
• Accepting any gift related to a notarization you may have done, or about to do.

Yes. Notaries must avoid conflicts of interest. Most often, the simple use of common sense can steer us in the right direction. If we commit to operating in an ethical manner we can usually avoid any chance of being involved in a conflict of interest. You will find that some documents are more commonly notarized than others.

Finally, if even a slight indication of potential conflict exists, the answer is simple. Suggest another notary. Conflict averted! You may want to watch Professor Closen’s on Notary Ethics. As you can see, notaries must avoid conflicts of interest.

Certainly, you are welcome to visit our website and read our other blog articles. For example, Our Notary Discipline article highlights how a notary can get into trouble by not following a “best practices” approach. Remember that a New York Notary can be subject to liability.

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A Notary and Confidentiality

Anyone who wants to become a Notary Public must know that a Notary and Confidentiality go hand-in-hand. As notaries, we have a responsibility to respect the privacy of our customers. The documents we service should remain in the strictest of confidence. It is part of our duty as a public official.

Just like an accountant or a banker would not discuss his or her client dealings in a casual manner, neither should we.

Confidentiality in the Workplace

Our opening statements are common sense. But here is where things get tricky. Let’s say you are an employee, and another employee feels entitlement to ask about a given notarial process. Well, if the document is not related to a company transaction within that person’s purview, we must honor the privacy of the notarial service. Certainly, a supervisor, or employee, is entitled to ask about company documents performed by an employee who is a notary. We could, and should, write an entire article on Notaries in the workplace.

The point is: The notary needs to understand the confidential nature concerning the personal information about the signer during the notarization process.

Safeguarding Personal Information

As we stated, a notary and confidentiality go hand-in-hand. Therefore, we should never make a copy of any document transactions. Furthermore. We should not copy the constituent’s identification. Should we do so, we could potentially jeopardize the privacy of the customer. Certainly, any notary practicing for a period of time, knows this. However, if you recently received your license, or simply preparing for your notary exam, be aware of your responsibility as a public official.

So, don’t be misguided by the fact that many notary documents are recorded as public record. This does not diminish our responsibility to protect the signer’s privacy. Simply put, avoid any potential breach of privacy. If you would like to read our other blog articles, or more about our NY notary training.

Be aware that a notary can be held accountable for not conducting him or herself to high standards. You can learn more about Notary Discipline by reading this blog.

If you live in Erie County, in New York, you an visit the Erie County Website. Or you can visit New York Licensing Services, which is a state website.

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There are times when the relationship between the notary and the employer can become uncomfortable. When the notary is an employee several obstacles can arise. Since many notaries work for Banks, real estate companies, and other corporate entities, the situation is not as uncommon as one may think. To see a list of businesses that may have a notary public on staff, visit Notary of America.

As personal relationships within an office develop, it may not be uncommon for an employer to request a notary to act outside the law. The employer may see the request as harmless. But, the notary must abide by the laws of the state in which he or she is commissioned.

The best solution for the notary is to make sure from the outset that as a notary you will not violate the laws that govern your commission.

Ways to insure a good employer-employee relationship

• Assist the employer in understanding your role as a notary
• Educate the employer its role limitations with respect to the performance of the notary’s official duties.
• The employer can never use, or possess, the notary’s seal.
• Advise the employer that they cannot influence the notary to do anything in violation of state law.
• The employer could have liability for any undue influence over the notary’s official duties.
• Request the employer to pay for membership in a Notary Professional Organization
• Request the employer pay for insurance such as a bond or errors and omissions insurance.

We will discuss insurance in another article. But for now, we hope these few tips will assist in keeping the notary-employer relationship on the proper footing.

One question that is often asked is whether an employee can notarize the employer’s signature. The answer is yes. However, when the notary acts as an employee, you cannot have any financial interest in the document. And of course, you cannot be a party to the document. For those who wish to become a notary in New York, we hope this information provides you with some insight. You can also read some of our other educational articles in our blog to learn more.

Also, it would be in your best interest to read our blog article that refers the Notary and the Employer .

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It’s not just newly commissioned notaries who make mistakes. Certainly, even an experienced notary can do so. There are common notary mistakes that seem to pop up again and again. Perhaps by discussing them, we can enlighten the newly appointed notary, and re-focus the seasoned notary veteran.

Common Mistakes by a Notary

• Failure to demand a Personal Appearance – Chiefly, the signer must be present at the notarization process. However, an exception is when a Subscribing Witness represents the signer. We discuss a subscribing witness in another blog article.
• Affixing the Seal incorrectly – It’s imperative to make sure that the notary seal is totally in the blank space provided by the document. It must not cover, or conceal, any of the text.
• Failure to keep a Journal – Even the simplest form of notarial service should be recorded in your journal. This provides a record of the notary service that could be needed in the future.
• Conflict of Interest – A notary cannot benefit, in any way, from the document. This seems pretty straightforward. But things can be muddled if you notarize for a family member. That is because you could indirectly benefit. Perhaps the family member gains something from the document, and you are named in their will. The best solution is NOT to notarize for a family member.
• Failure to identify the signer – Hence, we need to establish the identity of the signer by examining their identification. Generally, this includes a driver’s license, passport, or any government-issued I.D.
• Failure to properly sign the document – If your commission shows your name as Robert C. Flatfoot, then you must sign the certificate as such. Bob Flatfoot is not acceptable.
• Remember, the notary license must be renewed every four years.

Avoid Mistakes

These are just a few of the common mistakes notaries can make. If you fully understand and abide by, the law of your state that governs notaries, you should never make these mistakes. Those who wish to become a notary in New York may find this article helpful. You can visit New York State to learn more about what a notary public needs to know.

To read more of our articles, stop by our website.

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Dangerous Questions Presented to a Notary

If you want to become a notary public, know this. There are dangerous questions that can be presented to a notary. As a notary public, you are a public official. Consequently, you have to conform to the State laws that govern your commission. As such, a simple question can prove a dangerous question asked by a notary.

So, we need to be very careful to exercise our duties so as not to put ourselves in jeopardy. The consequences could be catastrophic, including misdemeanor charges, lawsuits, and even loss of our commission. What could appear to be an innocent question could prove dangerous.

Requests to look out for

• Can you explain this paragraph in the document? Remember, unless you are a lawyer, any explanation is essentially giving legal advice. If you are not a lawyer, you are practicing law and thereby giving unauthorized legal advice.
• A signer asks what type of notarization they need. This is outside our purview. It is up to the client, or the document, to tell us the type of notarization that is needed. We could be liable should any future damages occur.
• The signer asks you to fill in a blank space in the document, which must signed willingly. Well, it is up to the signer to fill in the blank space. Therefore, we cannot do anything other than complete the notary service. As a matter of fact, if the document has a blank space, we should not complete the service.
• A signer forgot his or her identification, and they ask you to overlook it.
• Your boss asks you a favor to notarize a document without the signer being present.

Fulfilling these requests could subject us to criminal or civil liability. Or both. As such, we must be aware of complying with any request that could put us at risk. Thoroughly knowing the notary law for your state will help when dangerous questions are presented to a notary. In New York, you can read the notary law by visiting the Department of State.

Please read some of our other articles. We cover a lot of topics. You can go to our home page and click on the Blog link

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Most know that a notary public must identify the signer. Also, there are specific notary procedures for identification.

Notaries must understand the importance of properly identifying the client. So, when we notarize a document we state that a degree of trust can be placed to it.  This means that the potential for fraud, or document misuse becomes minimal. Nevertheless, the notary does not guarantee the accuracy of the client’s identification. But, the law compels a notary apply care in order to accurately identify the person doing the signing. You may wish to review our blog article on New York Notary Exam Sample Questions to get an idea of what the state expects from a Notary Public.

Requisites for Proper Identification

• • • • • • • A signer’s identification issued by a government body
            • It should include the signer’s photograph
            • It should include a signature

Acceptable ID’s in New York State

There are many forms of ID  issued by government agencies. Mentioned below are just a few.

• A valid Passport
• A valid driver’s license, or, in New York, a State issued I.D, card. Canadian and Mexican Driver’s licenses are also acceptable
• Military I.D.
• A Green Card
• Any I.D. issued by a state or municipality

I.D.’s that are not acceptable

• Social Security Card
• Library Card
• Marriage license
• Birth Certificate
• Any temporary driver’s license

The notary should pay special attention to the photo on the I.D. and it’s resemblance to the signer. Furthermore, prior to completing the notarization, the notary should compare the signature on the identification with the signature applied to the document.  Chiefly, as an official appointed by the state, notary procedures for identification must be followed.

So, if you have reason to believe that something is amiss, it is recommend that you do not complete the notarial service. But, if the client has a second form of Identification to present, perhaps they can clear up the incongruity. Accordingly, we are responsible to safeguard the identification process. To learn more, visit the National Notary Association.

Finally, bear in mind that a New York Notary must maintain a Degree of Confidentiality.

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