A credible witness is an integral part of the notary process. It does a very essential role of validating the identity of individuals in court documents. Especially when they can’t do that through usual procedures. A credible witness, as it relates in notary practice, is one who may testify as to a signer’s identity based on personal knowledge or through other good and sufficient sources. The witness’ role is central in ensuring the genuineness of the notarized documents and that all the concerned parties are acting voluntarily and with the requisite legal status. Further information regarding notarial duties and obligations can be learned by visiting the New York Department of State.
Definition and Importance
Attesting witness means an individual who personally knows the individual whose identity must be verified. They must be able to provide testimony that they know the individual. And, that the individual is who he or she claims to be. When an individual cannot provide an ID (i.e., driver’s license or passport), a notary public can use a credible witness to verify the identity of the person.
Qualifications of a Credible Witness
The notary public may not always have the ability to accept anyone at all as a credible witness. The witness must have qualifications to ensure their reliability:
Personal Knowledge of the Signer: A reliable witness must have personal knowledge of the person whose identity is being attested. This knowledge is enough to confirm that the person is who he or she claims to be.
No Interest in the Transaction: The credible witness should have no direct interest in the transaction or document. This makes the witness unbiased and not prejudiced. Furthermore, their statement is not influenced by any potential benefit from the notarization. This impartiality guards against fraud and makes the process of notarization moral.
Ability to Take an Oath:
The witness, a credible witness in this instance, should have the competence to take an oath and give accurate, truthful evidence. The witness can swear or take an oath under penalty of perjury to assert that the signatory in front of him/her is who they say they are, thereby supporting the validity and integrity of the notarization process. Perhaps you will consider reading our Administration of an Oath article.
Identification of Their Own:Occasionally, credible witnesses themselves must provide some form of identification, such as a government ID. This is to establish their identity and that they are who they say they are. The notary public may record the witness’s identification information, including the type of ID presented and the number, as part of the record. . Best practice is also to have the client sign your notary journal at all times.
Compliance to State Laws:
The witness, a credible witness in this instance, should have the competence to take an oath and give accurate, truthful evidence. The witness can swear or take an oath under penalty of perjury to assert that the signatory in front of him/her is who they say they are, thereby supporting the validity and integrity of the notarization process.
Conclusion
A proper witness is an important part of the notarization process. It helps verify the identity of a signer, and the document then becomes legal and valid. Their services come in handy when the document’s signer lacks valid identification. When a witness is acquainted with the signer and impartial to the transaction, then the notary checks that all parties involved are properly identified. Thus, that the notarization lends integrity. The conditions of a credible witness are clear. They emphasize the aspect of personal knowledge, impartiality, and the ability to take an oath. The use of credible witnesses provides an added level of security. It also lends legitimacy in the notarization process, which further increases the confidence in legal and financial transactions.
If your boss instructs you to notarize an illegal document, then you face a challenging and an ethically challenging situation. Notarizing a document is an solemn duty. A notary must verify the identity of the signer and that they are signing voluntarily and of their free will. To notarize a document is to authenticate that it is valid. It requires that the document is lawful, truthful, and filled out according to law. If the document your supervisor asks you to notarize is illegal, it is critical that you consider the implications of your actions before you proceed. This is yet another reason why a notary may wish to consider Notary Insurance. You are free to read our article on this.
Legal and Ethical Considerations to Notarize a Document
Most importantly, signing an illegal document as a notary is unethical. A notary public cannot authenticate a document which they know it is fraudulent. If you authenticate a document that proves to be illegal, you may be held liable. This can have drastic consequences. This includes fines, professional disqualification, or criminal prosecution. Another blog post you may wish to read is “Notaries must avoid conflicts of Interest.”
It is also ethically wrong to notarize an illegal document since it can have drastic personal and professional consequences. It can destroy your image and mar your professional integrity. To be an accomplice to a criminal act also results in negative personal repercussions, particularly if the case is escalated further. Even though you are only following direct instruction from your immediate supervisor, you are still answerable for whatever you do. You may prefer to read our article on how to handle it when a client does not show up.
The Duty of a Notary
A notary public must remain impartial and act according to law. This means not notarizing documents that appear questionable. In addition, Notaries are required to ensure that signers understand what they are signing. You can visit the New York Department of State for further information related to notarial duties.
Dealing with the Situation
If you find yourself in this situation, it is important to protect yourself. You need to avoid any illegal activity. Start by questioning your boss’s demand and examine the document closely. If you suspect that the document is illegal, ask your boss for clarification. if necessary, seek a lawyer’s opinion. A lawyer can see the specific risks involved and tell you what to do. If you’re certain that the document is illegal, you must refuse to notarize it, even if your boss insists otherwise.
It can be hard to decline your boss. There is often workplace pressures Still, it is critical to remain firm on professional integrity. If your boss gets upset, take careful record of the incident and document any demands or instructions that you are requested to follow as may suggest that there is pressure being applied not to notarize the document. Defending yourself legally has to be paramount, and you never have to place a request ahead of your ethics, even if it means not performing a notarization.
Conclusion
As a notary public, you swore to uphold the law. If the supervisor asks you to notarize an illegal document, the best course of action is to refuse and speak with an attorney. Protect yourself. Your professional reputation, and moral principles is of much greater value than obeying an illegal request, no matter what pressure you might be subjected to.
A NY notary public serves as an indispensable element of the state’s governmental and legal arena. One major duty that the notaries of New York hold is the performance of administering oaths and affirmations. An oath is an earnest promise or assertion to tell the truth or execute a stated duty. Oaths are mostly demanded in various legal or solemn situations, such as affidavits, depositions, or proceedings in a court. The role of a New York notary and the administration of such oaths and affirmations becomes relevant. It ensures that individuals are bound by law to speak the truth or act in accordance with their promise in line with the law. Notary New York educates individuals on becoming a New York State notary.
Requirements for Administration of Oaths and Affirmations
According to state law in New York, notaries public have the power to administer oaths. The New York State Notary Public License law gives the authority for notaries to perform a number of functions, including the administering of oaths and affirmations. These are functions that take a critical role in the legal and commercial world. By law, a notary can administer oaths where it is necessary for sworn statements, affidavits, and signatures under oath on documents.
The notary public must be appointed by the state after passing a written exam. Once appointed, a notary becomes authorized to perform oaths and affirmations, provided they follow proper procedures. These duties can take place in a broad variety of locations, from courthouses to offices, and the presence of the notary ensures that individuals become legally bound by what they do or say. To learn more, visit the New York Department of State.
The Oath Process
The administering of an oath is a solemn process, where the notary ensures that the person swears voluntarily and is aware of the legal consequences. The process thus tends to be in a standard procedure broken down into several steps:
Verification of Identity: Before swearing an oath. This is usually done by scrutiny of valid identification. They are a passport or government ID, to verify that the person is actually the person they claim to be.
Introduction to the Oath:The notary will also inform the individual what the purpose of the oath that they are about to swear is. In New York, the notary will usually recite something to the effect: “Do you solemnly swear or affirm that the statements you are about to make are true, so help you God?” The individual then can either take the oath (swear on a higher power) or affirm (affirm a secular vow). It depends on one’s own belief. The notary’s role is to give the individual the choice to swear or affirm, ensuring the process respects their beliefs and legal rights.
Administration of the Oath: The notary will next ask the individual to take an oath or affirm the truth of what he or she is saying. If the individual takes an oath, they may use a Bible or religious text. So, if the individual affirms, there is no religious text. The notary will then inquire as to whether the individual knows the penalty for perjury. This precludes any threat of perjury charges.
Completion of the Oath: Once administered, the notary most often records the event in a notary log. It becomes then an official record of the notary’s act. The notary will sign as a witness to the individual’s signature on the oath document, further creating the binding force of law to the statement. The notary seals or stamps the document with a seal of office. This attests to the proper administration of the oath.
Importance of the Administration of Oaths and Affirmations
The responsibility of New York notaries to administer oaths and affirmations guarantees the solemnity of sworn statements. It prevents individuals from providing false statements that could mar the judicial process. Through efficient administration of oaths, a notary guards the integrity of affidavits, depositions, and other crucial legal papers. It also provides legitimacy to the process and is a reminder of the importance of honesty in commercial and legal business.
Notaries serve as neutral witnesses to such solemn assertions, which enhances validity to oath declarations. Overall, a New York notary public’s role in taking an oath is a significant part of administrative and legal proceedings. Notaries, therefore, ensure individuals realize the seriousness of their sworn attestations. This binds them to act fairly. By staying within proper methods, New York notaries ensure the rule of law. Remember, a New York notary does have liability. Read our blog post about this for free.
If you want to become a Notary in New York, you need to understand that as a notary public, you are regulated by New York Law. Consequently, you are duty-bound to conduct ourselves in an honorable manner. 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 encounter a potential dispute; we need to be familiar 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?
So, what is a conflict of interest?
Well, if you notarize a document in which you have interest, or if you have a potential benefit, you may have a conflict of interest. A conflict of interest occurs when your personal interests could influence your decisions or actions. This situation compromises your impartiality, potentially leading to biased judgments or actions. As such, it creates a benefit to 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.
Conclusion
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.
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.
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 .
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.
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, visit our homepage. We have many articles that give insight helpful to pass the New York Notary Exam.
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 to read them.
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.
