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Here you can obtain all kinds of Notary Information to educate yourself about being a Notary in New York. You’ll find these articles informative.

7 Ways to Increase Your Notary Business

November 30th, 2024 by Harrison Carroll
Increase Business

If you’re a notary public looking to grow your business, you’re in an industry that’s competitive. These are 7 tips on how to grow your notary business, and create a loyal customer base. If you would like to become a notary in New York, we can get you ready to pass the exam. These are seven tried and tested ways to help you grow your notary business.

 

Leverage Digital Marketing and Online Presence

In today’s age of technology, having a strong presence online is crucial. Many prospective clients first turn to the internet when needing notary work. To capitalize on this, build a professional website highlighting your services, address, and contact information. A site with clear calls-to-action and easy-to-use design can drive visitors into clients.

Along with having a website, you need to spend some time doing search engine optimization (SEO) so that your company comes up during local searches when people type “notary near me” or “mobile notary service.” Posting regularly on social media platforms like Facebook, Instagram, or LinkedIn can also help you establish your brand and get more noticed. Sharing tips on notarization, promotion deals, or even behind the scenes of your operation can capture the attention of potential clients. To begin, you may want to find out about the most common documents to be notarized.

Expand Your Service Offerings

One of the best ways that you can enhance your notary business is by offering more services. While notary services form the core of your company, consider offering other services like:

  • Mobile Notary Services: Many customers desire the ease of having a notary come to their home, office, or other business.
  • Loan Signing Services: Providing loan document signing services to mortgage companies, title companies, or real estate brokers can be profitable.
  • Certified Notary Services: Provide Apostille, document authentication, and witnessing legal documents services to serve international clients or companies.
  • Business Document Notarization: Support local businesses in their notarization of agreements, contracts, and other legal documents.

By diversifying the kind of service you offer, you will be able to reach a wider client base and, therefore, increase your top-line revenue.

You Can Network with Local Professionals

Networking is the secret to building long-term relationships that provide a steady stream of business. Real estate agents, mortgage brokers, attorneys, accountants, and title companies all frequently need notarization services. Establish a relationship with these professionals and offer to help their notarization needs.
Attend local business functions or networking meetings to get your name in the field and meet other business owners. If you offer good and professional service, you will become the go-to notary for many of the local businesses in no time.

Build Strong Client Relationships

Word-of-mouth is prevalent in the notary business. Building and keeping good relationships with your clients can lead to repeat business and word of mouth. Always provide your customers with great service, arrive on time, and complete the job accurately and professionally. Going the extra mile, such as arriving early or providing mobile services, can leave a lasting impression and create loyal customers.

Pricing

While you don’t want to shortchange yourself, being competitive might attract clients who are looking for a cheap solution. But in New York, what you can charge is state-determined. But if you are mobile notary, you can charge a travel fee based on the distance, but just ensure it is low enough that your clients will still find your services worth paying for.

Utilize Notary Directories and Apps

Most online directories enable notaries to advertise their services in the directories, thereby making it easier for prospective customers to locate you. Sites such as NotaryRotary, 123Notary, or Snapdocs are common directories to advertise your business. Such directories usually attract users who are searching for a notary in their region.

Also, try using notary apps and software that make it easier to get hired. These apps bring clients to you, and some allow you to receive jobs directly through your phone. By being on these websites, you can get more exposure and create more business leads.

Offer Flexible Hours and Accessibility

Notary services might be needed after regular business hours, usually by clients who need it urgently. Having flexible scheduling, i.e., evenings or weekends, can help attract clients who need notarization but cannot take time off work during regular business hours.

Also, if you can provide mobile services, you will be able to serve clients who require you to visit them. This extra convenience will make your business more appealing to people who have hectic schedules or have difficulty visiting a notary in person.

Conclusion

Expanding your notary business involves some combination of smart marketing, savvy networking, and customer satisfaction. By expanding your services, building relationships, and maintaining a presence online, you can differentiate yourself from other notaries and have a steady stream of clients walking through your door. With the right strategies in place, these 7 ways to expand your notary business can help you thrive and grow in the long term.

Your Signer has Power of Attorney

February 3rd, 2024 by Harrison Carroll

Your Signer has Power of Attorney

There are moments that could arise where your signer has power of attorney. As such, you are notarizing the document for the representative of a specific person. There are certain circumstances in which a person may have power of attorney. Power of attorney gives a person control over specific aspects of their life. Such a person is also called “the attorney in fact.”

Situations where power of attorney may exist

  1. Maybe a parent is getting older and is no longer able to deal with their finances.
  2. Someone may be in the armed forces and is deployed overseas, thus unable to handle their domestic affairs.
  3. Someone may have a type of job that could entail the potential for serious injury, and they appoint a representative to handle their affairs should they become incapacitated.

Power of attorneyA misconception is that the person is the power of attorney. This is not true. They are an agent who has the power of attorney. This seems like a small difference, but we need to make the point clear. Another point to make is that power of attorney ceases should the person represented becomes deceased So, the person who has power of attorney has the authority to sign on behalf of the principal without that person present. The term principal refers to the person being represented.

What’s Important

If asked to notarize a power of attorney document, it is important to know the rules which apply in your specific state. Some states require you to obtain a thumbprint of the signer. Okay, so someone comes to you to notarize a document for a principal. They should sign it with not only the principal’s name, but their own name. So, that person may sign with the principal’s name first, then their own name followed by the words, “Attorney in Fact.”

In notarizing where only an attorney in fact is present, you will only need to confirm the identity of the person present. Obviously, you cannot verify the identity of the person represented, who is not there. A key point here is that when the signer has power of attorney, they need to present the document to the notary. A photocopy is not acceptable, unless it is a certified copy.

Again, different states have different rules governing power of attorney. So, know your own state’s rules thoroughly Regarding New York, you can find an excellent article at evident.com.

Remember, in New York, a notary must now keep a journal. Feel free to read our blog article on what to record in a notary journal.

Feel free to browse our other notary articles or visit our FAQ page. Visit our Notary New York home page.

When a Notary Client is Not Present

November 1st, 2023 by Harrison Carroll

Missing

When a Notary client is Not Present

You may ask, Can I notarize a document if the client is not present. The answer is YES and NO. It depends on the State in which you are commissioned. Where the answer is YES, there is a huge “BUT.” The client must sign the document in front of a Subscribing Witness. This person then signs a document that states that they have witnessed the signing of the absent person. The notary would issue an oath to the subscribing witness, where they swear that they watched the client sign the document. One example might be when the signer has Power of Attorney.

Alo, there could be a time when your boss may ask you to notarize a document when the client is not present. What would you do? We have a blog article on this subject. It’s titlede, “Can a Notary Refuse Service.”

Rules for Accepting a Subscribing Witness

  • Again, the subscribing witness must swear they saw the client sign the instrument
  • The subscribing witness then signs a form called a Proof of Execution
  • The notary then completes the notarization with the wording required by his or her State

You need to exercise extreme caution when you are asked to fulfill a Proof of Execution. Since you cannot absolutely identify the signer, the potential for fraud can increase dramatically. This is why some states do not even allow Proofs of Execution. Many other states have serious restrictions on Proofs of Execution. So, it is most important that you know your State’s law regarding the use of a subscribing witness. If you live in New York, you can accept a subscribing witness. If you would like to download the certificate, you can do so at ny.gov.

To your good fortune, it would be extremely rare when a notary client is not present. Many notaries we know have never had to accept a request for a Proof of Execution. But, should you receive such a request and, you are not totally familiar with your State law governing this notarial service, don’t be afraid to decline service. But remember, we must act in a professional manner. Too many things need to be addressed, and the client needs to be in your presence. For example, what if there is a name irregularity?

Please feel free to read our other notary articles. You will find  lot of valuable information that will aid you in your pursuit of your notary public career.

Notary Discipline

October 5th, 2023 by Harrison Carroll

Notary Discipline

Cause and Effect There is something you should know if you wish to become a notary public in New York. Notaries public are subject to notary discipline. Yes, all notaries know this. But, anyone who wishes to become a notary public needs to understand the sanctions imposed for misconduct. So, in New York, notary misconduct can be a misdemeanor or a felony, depending on the nature of the transgression.

Case Study

One of the more serious sanctions a notary can face is the revocation or suspension of his or her commission. If a notary commits fraud, the consequences are even more serious. The case of New York v Nathan Frankel alleged that the notary notarized a forged deed. You can read the entire transcript by clicking on the link in the previous sentence. Anyway, the court determined that the complaint did not establish enough evidence to support the claim that Mr. Frankel knowingly notarized a false deed. So, the case was dismissed. But, had the court found for the complainant, the defendant would have been convicted of a felony.

Notary Misconduct

The discipline for notary misconduct varies according to the offense. Let’s look at just a few.

  • Failure to administer an Oath. This could result in revocation of the notary’s commission
  • Falsely acting as a Notary Public. This would be a misdemeanor in New York
  • Making False Statements. This can be fraud, which is a felony
  • Any misrepresentation on a notary application. This would result in revocation.
  • Issuing a false certificate. This would be a misdemeanor. But, issuing a false acknowledgement would be considered forgery.

The above are just a few examples where notary discipline can come into play. The smart notary knows the laws of his or her state. They then conduct themselves in a manner to avoid any hint of violating the law. To learn more about notary responsibilities, I recommend you visit Michael Closen’s you tube video.

This article is directed to anyone who desires to become a notary public. As stated, most commissioned notaries are well-aware of the laws that govern them. To read more of our notarial blogs, visit our blog page.

What to record in a Notary Journal

September 16th, 2023 by Harrison Carroll

record in a notary journal

If you wonder what to record in a notary journal, allow me to put you at ease.

Most commercial journals contain the necessary categories already printed for you.

This facilitates your need to remember every critical item to record. However, it is important that whatever journal you purchase has specific information. Let’s review them.

Information to Record in a Notary Journal

  1. The time and date of the notarization
  2. The method of identification that the constituent presents to you
  3. The specific location where the notarization took place
  4. The type of document that you are notarizing
  5. The constituent’s name
  6. The constituent’s contact information
  7. The Signer’s willingness and competence
  8. The signer’s signature in your journal
  9. The notary fee that you charge for the notarization
  10. Any added information that you think could be important

Should circumstances be such that you need to refuse notarization this should also be recorded in your journal. Firstly, a notary should never refuse service. But there are many reasons one may refuse service to a document.

Reasons to Refuse Notarization

  1. Perhaps the signer appears intoxicated
  2. The signer may be drug-induced due to illness or lifestyle
  3. Further, maybe the signer shows signs of cognitive impaired. This client must understand what it is they are signing
  4. So, if the notary believes the constituent is under duress or influenced by someone who could benefit from the notarization

In such circumstances, the notary needs to record the refusal in his or her journal. This record should be as accurate as possible. Remember, your journal could be accessed in the future because it is a public record. Also, the accuracy of your journal entry could come into play should there be a future investigation or litigation.

These days, you can use an “e-journal”. Companies like Jurat provide such a service.

By the way, in New York State now requires that notaries use a Journal.

Identify Mental Competence Before Notarizing

April 16th, 2023 by Harrison Carroll

Mental Competence Before Notarizing I’m sure that most notaries know that they need to identify the mental competence of a client before notarizing the document.

We do this by observing the signer. Engaging in conversation will usually help us to affirm that the individual is competent to complete the notarial process. Let’s remember, we are not a psychologist. It is not our job to assert a professional opinion. However, giving today’s world, with its hunger for litigation, we need to take adequate precautions to protect ourselves. Therefore, we need to determine that the signer has an understanding as to why they appeared in front of us, and that they want a document executed.

Simply put, we not only have a legal responsibility, but also an ethical one, to prevent potential fraud. We need to make sure they person before us is not a minor, and that they are not signing the document under duress.

As I’ve stated above, we are not psychologists. Furthermore, we are only spending a few minutes with the individual. But, we need to exercise reasonable care to identify the mental competence of the signer.

Factors that could affect mental Competence

There are many factors that could affect a person’s mental competence. For Example:

  1. Alcohol – Although unlikely, but not impossible, the signer could appear before you in an intoxicated state.
  2. Drugs – Even prescription and over-the-counter drugs can affect mental competence. It’s not just illegal drugs that we need to be concerned with.
  3. The Elderly – We certainly cannot deprive someone of their right to obtain a notarization. But, as we all know, as people age their ability to process and understand information becomes diminished. So, if an elderly person appears before us, we need to assess their understanding of why they are there.

So, we need to remember to identify the mental competence of the signer before notarizing any document. The last thing you want is to have not doing so come back and haunt you in the future.

Our blog discusses several topics to aid the notary in his or her professional career. If you wish to become a notary in New York, you can visit the Department of State Website.

We offer online notary training to help you pass the notary exam and become a notary public in New York. Visit our home page to find out more.

Personal Appearance before a Notary

April 1st, 2023 by Harrison Carroll

In New York, and for that matter, every other state, the personal appearance of the signer before a notary is required. Notaries must understand and implement this requirement without exception. Failure to require a personal appearance not only devalues the office but it is in direct violation of the law. Think about it, how else can a notary confirm that the signer is who he or she claims to be? What’s also important is that a notary must avoid exposure to liability.

Personal Appearance

Why is a personal appearance before a notary so important?

Only when the client is present can the notary:

Assess whether or not the client is signing of his or her own free will.
There is no other way that a notary can witness the act of signing the document.
There is no other way that the notary can satisfactorily positively identify the signer.

In addition, the notary cannot ask the signer to sign his or her journal if the signer is not present to do so. It is prudent for the notary to keep a journal that records the notarial service. When the client signs the notary’s journal, any question related to the signer’s presence can be eliminated.

Covid presented some new definitions to the term, “personal presence.”  Several states have allowed remote notarizations. In New York State, remote notarization became permitted. That is, if said notarization falls in line with the State’s rules.

Methods for remotely identifying a signer in New York

  1. The notary has personal knowledge of the signer
  2. by means of communication technology that facilitates remote presentation by the signor of an official, acceptable form of ID, credential analysis, and identity proofing; or
  3. Through oath or affirmation of a credible witness who personally knows the signor, and who is either personally known to the notary or identified by the previously referenced means of communication technology.

Retail software can be purchased by notaries public to perform identify proofing and credential analysis.

To get a complete understanding of New York’s guidelines for remote notarization, visit NY gov at their website.

Or visit our website to read our other articles related to becoming a notary in New York. Or, check out our notary answers to frequently asked questions.

Notary Official Seal

March 1st, 2023 by Harrison Carroll

Notary Official Seal A Notary Official seal is one of two things. It is either an inked imprint or an embossed crinkle on a document. So, when a notary authenticates a document, his or her seal and signature make the document official. Most often a notary only needs a rubber stamp. However, you may want to buy an embosser for any special circumstances you encounter.

Today, ink stamps pretty much replaced embossers. However, an embosser adds an element of status (at least visually) to a document or instrument. So, when you hear the term seal, it can be either a stamp or an embossed impression. Hence, the expression “seal” is often interchangeable with the word “stamp.” Before applying a stamp, a notary should always witness the client’s signature.

Notaries must be aware that when affixing the seal it should be clear and legible. Should the seal blur then the notary should strike through the defective impression and affix a new one adjacent to the faulty seal. Feel free to read our article on how to Fix a Blotchy Notary Seal.

Information required on a Notary Official Seal

Every state has its own set of requirements for what information the notarial seal must contain. But generally, the following information should be contained on the seal.

  1. Notary Public’s name
  2. The State where the notary is commissioned
  3. The date the notary’s commission expires

Never loan your official seal to another person. It must be securely guarded because it is an important device. Therefore, keep it in a secure place.

If you need to discard a seal, don’t simply put it into the trash can. Remember, if in the wrong hands it could potentially create fraud. Therefore, you should remove the rubber from the tamp housing. Then cut-up the rubber preventing it from further use.

If you have other questions, feel free to visit our FAQ page. From the homepage, just click on the Blog tab to see our other article topics. We hope that you find this article instructive. You can purchase a notary stamp, and other notarial supplies online. Notary Public Stamps is certainly a credible source.

At Notary New York, we provide training for those who want to prepare for, and pass, the New York Notary Exam.

Notarial Acts, Witnessing a Signature

February 12th, 2023 by Harrison Carroll

Witnessing a Signature

One of the more common notarial acts is witnessing a signature. This is the most direct form of a the notarial process. A key point here is that the document should not be signed in advance. Accordingly, it should be signed in the presence of the notary public. This is a requirement in all States. Sadly, one of the most frequent violations made by notaries is the failure to require a signer to be present at the signing. We need to understand that as a notary public, we must meet certain requirements. This is a mistake. Actually, we advise that you read our article on Common Notary Mistakes.

Requirements for Witnessing a Signature

  1. As we mentioned, the signer must appear before the notary at the time of the notarization.
  2. We recommend that the signer signs the document in front of the notary.
  3. The signer must show an ID to verify that they are who they claim to be.
  4. The notary should be certain that the signer is not under any duress, and they are executing their signature voluntarily.

If the notary has a belief that the document is fraudulent, they should not complete the notarization. Or, if the document has blank spaces, the notary again should not complete the notarial service.

Chiefly, witnessing a signature is a rather straightforward notarial act. As long as the notary understands the law for his or her state, the notarial process is pretty clear-cut.What if the client cannot sign his or her name? FRead our article about signing by mark before a notary.

If you wish to become a Notary Public, at least in New York State, topics like this are what you will need to understand and implement. If you are already a notary and wish to renew your license, contact your county clerk. Or, visit the New York Department of State website.

It is very important to follow the requirements list above, without fail. The last thing you want to encounter is getting yourself in trouble for failing to follow the rules put forth by New York State.

We have written several articles like this to inform the student, and help them on their road to becoming a commissioned notary. Our notary training course is specifically targeted to teach the New York Notary License Law. You can take our online notary training course by visiting our New York Notary website homepage.

Should a Notary Public Advertise

February 1st, 2023 by Harrison Carroll

Notary PublicThe question is periodically asked, should a Notary Public Advertise? As a notary you have every right to advertise your services. However, given the fees the State allows you to charge in New York State, advertising your services would be a loser. It all depends on whether being a notary is all you do, or if it an accessorial service that you provide with your existing business.

Usually, when one sees an ad for notarial service, that service is an adjunct to some other business. For example: Perhaps you own an insurance agency. You may advertise that you provide notary service in an effort to increase the potential for new insurance business.

It is important to remember that you are a public official. Therefore, any type of advertising should be done in a professional manner. The expression “professional manner” denotes different things to different individuals. If you placed your add on a coffee cup, is that a professional manner? It certainly can be. One the other hand, it may not be if the add is cartoonish, or lacks the dignity your commission demands.

Also, if you are a notary because your employer requested it, and it is part of your job. You probably would not have a need to advertise your notary services. Be aware, as an employee, you still have certain standards to meet. You can read our article about the notary as an employee to learn more.

Never Advertise in Another Language

We’ve seen ads for notaries in various local directories, as well as online directories. If you decide to advertise, it is important to know the advertising laws for your specific state. A simple example would be that you cannot translate the title, “Notary Public” into another language. This is not only true in New York State, but most states.

Translated into Spanish, Notary Public becomes Notario Publico. In Mexico a Notario Public is a lawyer. So, if you attempted to reach the Latin community in your area, it would be false advertising. So again, know the laws that govern how you can advertise. It could keep you from losing your commission. After that, decide on the benefit you hope to achieve before spending your advertising dollar. If you feel it worthwhile – the question, “should a notary public advertise”, is answered.

So, in short, it usually isn’t profitable for a notary to advertise, unless it is part of another business. But, if you do advertise, know the law and make sure your ad is dignified.

If you want to learn how to become a notary public in New York, and passing the notary exam, we can help. Check out our home page. You can also visit New York State’s website.  Additionally, the National Notary Association has some tips on advertising.