A credible witness is a key element in the notary process. It plays an essential role in verifying the identity of individuals involved in legal documents. This is particularly true when they cannot provide identification through traditional means. In the context of notarial services, a credible witness is someone who can affirm the identity of a signer based on their personal knowledge or other reliable evidence. The witness’s function is integral to maintaining the authenticity of notarized documents and ensuring that all parties involved are acting willingly and with the proper legal standing. You can learn more about notarial duties and responsibilities by visiting the New York Department of State.
Definition and Importance
A credible witness is defined as someone who personally knows the individual whose identity needs verification. This person must be able to provide testimony that they are familiar with the individual and that the individual is who they claim to be. In cases where a person cannot present an ID (such as a driver’s license or passport), a notary public may rely on credible witnesses to affirm the individual’s identity. The credibility of the witness ensures that the notarization is legitimate and that the person signing the document is acting voluntarily and is of sound mind.
Qualifications of a Credible Witness
The notary public typically does not have the discretion to accept just anyone as a credible witness. The witness must meet certain qualifications to ensure their reliability:
Personal Knowledge of the Signer: A credible witness must have personal knowledge of the individual whose identity is being verified. This knowledge should be sufficient to affirm that the person is who they say they are. In other words, the witness should be able to identify the signer based on past interactions, familiarity, or relationships.
No Interest in the Transaction: The credible witness should have no direct interest in the transaction or document. This ensures that the witness is neutral and impartial. Furthermore, their testimony is not influenced by any potential benefit from the notarization. This impartiality helps prevent fraud and ensures that the notarization process is ethical.
Ability to Take an Oath: A credible witness must be able to take an oath and provide truthful testimony. The witness must swear or affirm that the person signing the document is indeed the individual they claim to be, which is important for maintaining the integrity of the notarization process. You may wish to read our article about Notaries and the Administration of Oaths.
Identification of Their Own: Often, credible witnesses themselves must provide some form of identification, such as a government-issued ID. This is done to establish their identity and ensure that they are who they say they are. The notary public may document the witness’s identification information, including the type of ID presented and its number, as part of the record.
Adherence to State Laws: The qualifications and requirements for credible witnesses can vary depending on the jurisdiction. Each state or country may have different laws regarding the use of credible witnesses in notarization. Notaries must familiarize themselves with the specific regulations and guidelines applicable in their area.
Role in the Notarial Process
In instances where a person cannot provide satisfactory identification (e.g., they have lost their ID or it is unavailable), a notary may turn to a credible witness to verify the signer’s identity. This is particularly useful for individuals who might not have access to traditional forms of ID, such as elderly people, individuals with disabilities, or individuals who have recently arrived in a country.
The notary public will typically require the credible witness to appear before them, alongside the signer, to offer testimony regarding the signer’s identity. The witness may swear an oath or affirmation that the signer is who they claim to be. Depending on the jurisdiction, the notary may also document the credible witness’s details in the notarial record. Also, good practice is to always have the client sign your notary journal.
Conclusion
A credible witness plays an important role in the notary process. It helps to verify the identity of a signer, ensuring the legality and authenticity of a document. Their role is vital when the individual signing a document cannot produce valid identification. When a witness knows the signer and remains impartial to the transaction, the notary ensures that all parties involved are properly identified. Thus, that the notarization provides integrity. The qualifications of a credible witness are clear. They emphasize the importance of personal knowledge, neutrality, and the ability to take an oath. The use of credible witnesses provides an added layer of security. In addition, it provides legitimacy in the notarization process, further strengthening the trust in legal and financial transactions.
If your boss asks you to notarize a document that is illegal, you face a difficult and ethically challenging situation. Notarizing a document is a serious responsibility. A notary is entrusted with verifying the identity of the signer and ensuring that they are acting willingly and knowingly. To notarize a document is to affirm its authenticity. It requires that the document be legal, truthful, and executed under lawful circumstances. If the document your boss asks you to notarize is illegal, it is critical that you carefully consider the implications of your actions before proceeding. This is another reason a notary may consider Notary Insurance. Feel free to read our article on this.
Legal and Ethical Considerations to Notarize a Document
First and foremost, notarizing an illegal document is both unethical and potentially illegal. In many jurisdictions, it is a criminal offense for a notary to knowingly perform an act that involves fraud or deceit. A notary public cannot notarize documents that they know or suspect to be false or fraudulent. If you notarize a document that is later determined to be illegal, you may be held legally accountable. This could lead to serious consequences, including fines, professional disqualification, or even criminal charges, depending on the severity of the act and the jurisdiction. Another blog article you may wish to read is “Notaries must avoid conflicts of Interest.”
From an ethical standpoint, notarizing a document that is illegal could lead to significant personal and professional consequences. It could damage your reputation and compromise your professional integrity. Being complicit in illegal activity can also lead to negative personal ramifications, particularly if the situation escalates. Even if you act under direct orders from your boss, you are responsible for your own actions. You may want to read our article about what to do if a notary client is not present.
The Duty of a Notary
A notary public has a responsibility to remain impartial and act in accordance with the law. This includes not notarizing documents that appear to be forged, fraudulent, or illegal. Notaries are also required to ensure that signers understand the contents of the documents they are signing. They are not under duress or coerced into signing. In the case of an illegal document, these duties may be impossible to fulfill, as notarizing such a document would violate the trust inherent in the notarial process. You can visit the New York Department of State to learn more about notarial duties.
Navigating the Situation
If you find yourself in this situation, it is essential that you take immediate steps to protect yourself and avoid any illegal actions. Begin by questioning your boss’s request and carefully reviewing the document. If you believe the document is illegal, ask your boss for clarification and, if necessary, seek legal counsel. A lawyer can help you understand the specific legal risks involved and provide advice on how to proceed. If you are certain that the document is illegal, you must refuse to notarize it, even if your boss insists otherwise.
It is uncomfortable to refuse your boss, especially given perceived workplace pressures or concerns about your job security. However, standing by your professional integrity is paramount. Should your boss react negatively, it is important to document the situation carefully, noting any requests or instructions given that may indicate an attempt to pressure you into notarizing the document. Protecting yourself legally should be a top priority, and you should never compromise your values for the sake of fulfilling an unethical request.
Conclusion
Ultimately, notarizing an illegal document is not only illegal but also deeply unethical. As a notary, you have a duty to uphold the law and ensure the integrity of the notarial process. If your boss asks you to notarize a document that is illegal, the best course of action is to refuse and seek legal advice. Protecting yourself, your professional reputation, and your ethical standards is far more important than complying with an unlawful request, no matter the pressure you may face.
A NY notary public plays an essential role in the legal and administrative landscape of the state. One of the important duties notaries in New York have is the administration of oaths and affirmations. An oath is a solemn declaration or promise to tell the truth or fulfill a particular duty. They are commonly required in various legal or formal settings, such as affidavits, depositions, and legal proceedings. The role of a New York notary and the administering these oaths and affirmations becomes critical. It ensuring that individuals are legally bound to tell the truth or act in accordance with their promises under the law. At Notary New York, we train people on how to become a notary in New York State.
Requirements for Administration of Oaths and Affirmations
In New York, the authority for notaries public to administer oaths comes from state law. The New York State Notary Public License Law empowers notaries to perform various duties, including administering oaths and affirmations. These are functions crucial in both legal and business contexts. The law allows a notary to administer oaths in matters such as sworn statements, affidavits, and documents that require a signature under oath.
The notary public must be appointed by the state after passing a written exam that ensures the notary understands the state’s rules and regulations. Once appointed, a notary becomes authorized to perform oaths and affirmations, provided they follow proper procedures. These duties can take place in a variety of settings, from courthouses to private offices, and the notary’s role ensures that individuals becomes legally bound by their statements or actions. You can learn more by visiting the New York Department of State.
The Oath Process
Administering an oath involves a formal process, where the notary ensures that the person taking the oath does so voluntarily and understands the legal consequences. Consequently, the process generally follows a set procedure broken down into several steps:
Verification of Identity: Before administering an oath, the notary must first confirm the identity of the person taking the oath. This is typically done by the review of valid identification. Included are a government-issued ID or passport, to ensure that the individual is who they claim to be.
Introduction to the Oath: The notary will inform the individual about the nature of the oath they are about to take. In New York, the notary will typically use language such as: “Do you solemnly swear or affirm that the statements you are about to make are true, so help you God?” The individual then has the option to either swear the oath (invoking a higher power) or affirm (make a secular promise), depending on their personal beliefs. The notary’s role is to give the individual the choice to swear or affirm, ensuring the process respects their beliefs and legal rights.
Administering the Oath: The notary will then ask the individual to swear or affirm the truthfulness of their statements. If the individual chooses to swear, they may hold a Bible or religious text. So, if the individual affirms, no religious text becomes involved. The notary will then confirm that the individual understands the consequences of making a false statement. This helps prevent the possibiliy of perjury charges.
Completion of the Oath: Once taken, the notary usually records the event in a notary log. It then becomes a legal record of the notary’s actions. The notary will then witness the individual’s signature on the document associated with the oath, further solidifying the legal binding of the statement. The notary affixes an official seal or stamp to the document. This verifies that the oath administration was proper.
Importance of the Administration of Oaths and Affirmations
The role of New York notaries in the administration of oaths and affirmations ensures the integrity of sworn statements. It prevents individuals from making false statements that could compromise the legal process. By administering oaths properly, a notary safeguards the truthfulness of affidavits, depositions, and other important legal documents. It also adds credibility to the process and reinforces the importance of honesty in legal and business matters. Notaries serve as impartial witnesses to these solemn oaths, which lends validity to the statements made under oath.
In conclusion, a New York notary public’s role in administering an oath is a vital part of the legal and administrative process. Therefore, Notaries ensure that individuals understand the gravity of their sworn statements. This binds the them to act truthfully. By following proper procedures, New York notaries uphold the legal framework and contribute to the integrity of legal and business practices. Remember, a New York notary does have liability. Feel free to read our blog article on this.
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.
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.
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
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.
