Back in the old days, fewer people were as literate as today. Signing by mark before a notary public was not uncommon when our nation was in its infancy. Although times have changed, and most people can read and write, notaries need to understand how to deal with someone who needs to sign by mark. Generally, this means signing with an “X”.
Illiteracy may not be the only reason someone needs to sign my mark. Perhaps the person has a disability, or some physical challenge that makes it impossible to affix a signature to document.
Regardless of the circumstances, anyone who wants to sign by mark should be allowed to do so. However, we recommend that the notary has two unbiased witnesses appear during the notarial certification process. This is to protect the notary. Furthermore, it is a good idea to record the events in your journal. To protect yourself, you may wish to secure Errors and Omissions Insurance.
Be Careful
In today’s litigious society, it is more important than ever to cover one’s bases. Plus, we need to be careful of potential fraud. As such, the notary needs to take special care to assure that the notarial process be completed with due diligence. It is imperative that we exercise our duty as a public official without discrimination. That being said, we must exercise our obligations with respect to anyone who signs by mark before a notary. At the same time, we need to remain in compliance with our charged duty.
Different states may have varying laws regarding Signing by Mark. Be aware of you state’s laws in this area. This will help assure that you are fully compliant.
We offer several blog articles for notaries and those wishing to become a notary. Our online notary test preparation course is specific to New York State. To learn more about being a notary in New York, you can visit the New York Department of State website.
If you would like to read more articles, visit our blog page.
An apostille most often authenticates the origin of a public document. Hence the term Apostille Service. The Apostille is attached to a notarized document and cannot be removed. This includes items such as birth certificates and court orders. In other words, when a document needs to be recognized by a foreign country. In an ever expanding global marketplace, the need for Apostille grows and will continue to grow.
For instance, there are currently 117 countries who participate in the Apostille Convention. In 1961 The Hague Convention abolished the requirement of legalization of Foreign Documents. So, this simplified the certifying of public documents. In addition, The United States became part of the Hague Convention.
A notary cannot certify any of the documents listed above. This is because a notary in New York State cannot certify a copy of an original document. Hence, since the documents mentioned are copies of an original they are outside the realm of a notary’s charge. Thus, Apostille Service is necessary. For more information on a notary, or becoming a notary, visit our About the Course page.
These are just a few examples. Similarly, there are an endless number of situations that demand an Apostille. Above all, the document needs to be recognized by a foreign country.
For instance, a standard Apostille contains a seal and ten mandatory references, which are:
The name of the country where the document originates
The name of the signer
In what capacity the signer is acting
In an unsigned document, the name of the authority that affixed the seal
The place and date of the certification
The authority issuing the certificate
The certificate number
The seal of the authority issuing the certificate and their signature
Such a topic could appear on the New York Notary Exam. To see some exam sample questions, go ahead and read our bog article on it.
As a notary public we need to be aware that the notary document is being signed willingly. As such, we need to take appropriate steps to assess the signer. We can do this through basic observation, simple conversation, and by asking elementary questions. But, common sense tells us that any signer must voluntarily sign his or her name.
This is particularly true in today’s litigious society. We need to protect ourselves against potential for being accused of misconduct. Remember, always be careful when notarizing for a family member.
Examples where we need to be alert
The elderly: It is not uncommon that the elderly are susceptible to being taken advantage of. We must be certain they are no coerced into signing a document they don’t understand.
The evidence of Cognitive Impairment: If it appears that the signer does not process information, we should be certain that he or she understands why they are affixing their signature to the document.
The notary needs to ascertain that the client is not being coerced into signing the document. In other words, he or she is acting voluntarily and is not under duress.
A signer who is intoxicated by alcohol or drugs is obviously more likely to be taken advantage of. Even if they are not being taken advantage of, the ability to understand what they are doing is severely impaired.
We mention these points because as notaries it is easy to go on “automatic pilot” when continually notarizing documents. It’s important to remember the duty we are charged with as a public official. It is essential that a notary document must be signed willingly. Furthermore, you should enter the service in your notary log. New York now requires notaries to keep a Journal.
Each month we publish a different blog article in effort to provide continuing education to notaries. Someone wishing to become a notary public in New York can prepare for the exam through our website. Don’t forget to visit our About the Course page to see what you need to know to become a notary public in NY.
While there, feel free to visit our blog page to read other articles specifically addressing the challenges that can potentially affect a notary public. You can also visit the New York Department of State to learn more.
Should you provide notarization for a family member? This question pops up frequently. Is it acceptable to notarize a document for someone in your family? I mean, doesn’t this make things simple for both the signer and the notary public? It does. But, and this is a big BUT – things could get complicated later on. Therefore, I advise that you avoid it. Please read our article on Common Notary Mistakes.
Our advice is that you DO NOT notarize for a family member. There are countless situations that can develop in the future. To learn more about avoid this and other potential problems, We recommend watching Michael Closen’s YouTube video.
We have to first take into account that a notary public can in no way benefit from a document that they have performed service to. Servicing the document of a family member exposes us to a “conflict of interest.” It may seem innocent at the moment. But even the slightest hint of a conflict can place you in the crosshairs down the road. It just isn’t worth it. The easiest solution is to recommend the family member see another notary. Just because you don’t see a possible problem does not mean it doesn’t exist.
An Example
Let’s create an example. Your brother asks you to provide service on some real estate property that he purchased. This seems innocent, doesn’t it? Now, let’s go forward three years. Sadly, your brother passes away unexpectedly. Suddenly, you may have either a direct, or indirect, financial interest in that real property. So, you provided notarial service on a document where you have possible benefit. It’s not a big step to see where you innocently violated ethical practices.
Notary law varies from one state to another. There are states that may allow notarization for a family member, at least to a certain degree. Usually immediate family members like: parents, children and siblings would be in violation in any state. Now, if it’s a niece or a third cousin, things become more ill-defined. The solution is to always ask yourself if assisting a relative provides the best result for all concerned parties. If you have any doubt, you may want to recommend your family member use a notary that is a stranger.
We must always consider the consequential aspects of our actions. This is true when a notarial act seems innocent on the surface.
Our aim to remind notaries to take their obligation seriously. It can be easy for any of us to become complacent. So, it doesn’t hurt to remind ourselves that we need to remain on guard.
We offer complete notary public training. Our focus is on helping you to pass the notary public exam and become a notary public in New York. Visit our About the Course page to find out more.
At times, people ask where to have a document notarized. First off, there are numerous types of documents that need notarization.
Why get an instrument notarized in the first place? Well, the reason is simple. By notarizing a document, it becomes official. It makes the document official. That’s to say, it makes it a legal document. Things like contracts, loans property deeds and a mortgage for either a home or a business, need notary service. You are welcome to read our post on the most common notarized documents.
Fortunately for most people, it’s not very challenging to find a notary public. Almost every branch of a banking institution has a notary available. They can assist you to have your document notarized. And, if you are already a customer, the chances are that they will not charge a fee to do so.
In addition, most tax preparation centers can help you. In New York, town clerks’ offices county offices, can assist you. Again, this is free of any expense. You can check for UPS or FedEx near you.
Notarization in New York
In New York, the county office will notarize your document at no cost. The town clerk of your town may in all likelihood be a notary. Many FedEx locations have a notary public on staff. However, they may charge you. Don’t panic though. In New York, the cost of authenticating your signature is only $2.00.
Any law office will be happy to help you. And again, they can only charge $2.00. So, don’t think that because it’s a law firm, they are going to charge you an outrageous sum. Why is the fee only $2.00? Well, New York law stipulates what one can charge for notarial service. That means, whether it’s a bank, a UPS facility, a tax office, or whatever – verifying your signature is still $2.00. So, as you can see, there are many places to have a document notarized.
I want to make a point here. There is something called a Mobile Notary. These people travel to you, instead of you going to them. Even though they can only charge $2.00 for their service, they can add expenses incurred for traveling to you.
So, it should be apparent to you that getting a document notarized is not at all difficult.
Hopefully this article will make it simpler should the time ever arrive when you need to have a notarial service. It isn’t hard to find a notary near you.
We have numerous other articles here on this site. Our purpose is to not only enlighten the public, but to inform those who desire to become a New York Notary Public. If that is your goal, it matches our goal. That is – train you to pass the New York State Notary exam. If you are interested in becoming a notary in New York, visit our About the Course page to learn more.
It is not at all rare when a notary faces a name irregularity. You could experience a situation where the name on the document is different from the name of the client. That is, the person who is signing it. You may be asking, how can this happen? Well, consider a recently married female. She has yet to change her various IDs to show her newly adopted name.
That’s one example. Another could be that the I.D. reflects the name as “Ray Doe,” but the document refers to the individual as “Raymond Doe.”
Another situation could be that the person’s I.D. could show a Middle Name. The middle name might not reference the person’s middle name. Or, the name is misspelled on the proposed instrument.
Let’s examine a more complicated situation. Let’s say that the document references the signer as Sr., but upon examining the I.D. you see that it shows the signer as Jr. Care needs to be taken here. It is conceivable that a son may be trying to use his dad’s name for a false purpose. Or, it could be nothing other than a simple typo. But, be cautious.
Your Challenge
When a notary faces a name irregularity, it needs to be handled. Each incident compels you to base your decision in accord with the facts that are available to you. The best course is to break things down to their fundamentals. It starts with remembering what our job charges us to do. That is, to sensibly and reasonably distinguish that the person is exactly who they claim to be. So, by breaking things down to their fundamentals, we mean that you use sound judgement.
The situations just outlined are only a couple examples to be alert for.
I’ll say it again. It is your responsibility as the notary to be satisfied the person is who they state they are. It’s conceivable that a name was misspelled on the instrument. Anytime you encounter a discrepancy, you need to let common sense prevail. Does the photo image align with the actual person sitting in front of you? If you are comfortable, then continue with the notarial service.
But, what if the client is behaving in an abnormal manner? Or, what if you have a level of doubt related to the identification? You have every right to request another form of identification. If you still have misgivings, you can clearly refuse to finalize the instrument. This is why it is important to have the client make a personal appearance before you.
But if you decide to continue, it’s best to complete the certification, using the name that is shown on the document, as opposed to using the name as it appears on the individual’s I.D. You certainly want to enter the specifics of this experience in your notary journal. That way, if a problem occurs in the future, you will have documented the certification.
Recommendations
There is a wonderful book that you should have at your desk. It is, “Notary Best Practices” by Professor Michael Closen. I recommend that every notary have it on hand.
Our mission is to teach people how to become a notary public in New York State. Those interested in preparing for the notary exam can take our course. Visit our enroll page if you would like to prepare for the New York Notary Exam.
A notary loose certificate, commonly referred to as a “loose certificate,” is a key document used in the notarial process. This is particularly when an individual requires the notarization of a document not pre-printed with a notarial certificate or when the notarial act is performed on a separate sheet from the notarized document. This type of certificate serves to provide a clear and formal declaration of the notarial act performed, and it plays a significant role in the legal and administrative processes surrounding document verification. Sometimes a document may have a blank space. We have an article on this: Documents that Have Blank Spaces.
Questions about Loose Certificates may appear on the New York Notary Exam. You may want to read our article titled, More About the New York Notary Exam.
Purpose and Usage
So, the primary purpose of a notary loose certificate offers a standardized and legal framework for notarization when the original document does not contain a notarial certificate or when the notarial act needs to be performed on a different page. This is particularly useful in various scenarios:
Documents without Pre-Printed Certificates: Some documents, especially those drafted for specific or informal purposes, may not have a pre-printed notarial certificate. A loose certificate allows for the notarization of such documents without altering the original content.
Separation of Notarial Act from Document: In certain cases, the notarial act might need to be separated from the original document. This provides clarity, or due to the nature of the document. For example, when notarizing multiple copies of a document, each copy might require its own loose certificate.
Structure and Components
A notary loose certificate typically includes several critical components to ensure its validity:
Title of the Document: It should clearly state that it is a notarial certificate.
Notary Public’s Statement: This includes the notary’s declaration that they have witnessed the signing of the document, or have administered an oath or affirmation.
Identification of the Signer: The certificate should identify the individual whose signature is notarized, including details such as their name and possibly their address.
Description of the Document: A brief description of the notarized document is often included to establish a clear connection between the certificate and the document.
Date and Location: The date and location where the notarization occurred must be recorded.
Notary’s Signature and Seal: The notary public’s signature, seal, and any required notarial stamp are crucial for validating the certificate.
Legal Considerations
The use of a loose certificate must adhere to state-specific notarial laws and regulations, which can vary significantly. Accordingly, notaries must ensure that loose certificates comply with the legal requirements of their jurisdiction, including any mandatory language or format. Additionally, notaries should be mindful of the need for proper record-keeping and the retention of records related to the notarial act.
Advantages and Limitations
Advantages:
Flexibility: Loose certificates provide flexibility for notarizing documents. These docs may not have pre-printed certificates or that need to be notarized separately.
Clarity: They help maintain clarity and separation between the notarial act and the content of the document. Therefore, they remain beneficial for legal and administrative purposes.
Limitations:
Complexity: The use of loose certificates can introduce complexity. This is true if the notary is unfamiliar with the process or if specific legal requirements are not met.
Potential for Misuse: Improper use of loose certificates, such as incomplete information or incorrect notarization, can lead to legal complications. Thus, the validity of the notarized document might be challenged.
Summary
In summary, notary loose certificates are a versatile tool in the notarization process. They provide a way to formalize the verification of documents that lack a pre-printed notarial certificate or require separate notarization. Their proper use ensures that the notarization process remains clear, valid, and in compliance with legal requirements. It is essential for notaries to be knowledgeable about the applicable laws and procedures to avoid potential pitfalls. Loose Notary Certificates can be obtained through the American Association of Notaries
We write several articles for both the licensed notary and those wanting to become a notary public in New York State. If you need to prepare for the New York notary exam, we can assist you. Our notary training course helps place you in an outstanding position to pass the exam. Visit our homepage or visit our Frequently Asked Questions page to learn how to become a New York Notary.
Over time, a notary public will encounter some difficult moments. An example of one is when you are presented with documents that have blank spaces. If you are a new notary, you need to know how to handle this situation. First off, under no circumstances do you want to provide a notarial seal to such a document. Feel free to read our blog on the Notary Official Seal.
This is why. This blank space could easily be filled-in at some point in the future. Doing so can alter the entire intent of the document. As a result, the possibility for fraud becomes evident. This can subject you to significant liability. You may ask yourself what someone could write in a blank space. Well, just about anything. So, your smart course is to refuse notary service. You’ll certainly want to do this in a professional manner. The National Notary Association has a good article on this, as well.
This is of course another resolution. Let’s remember that it is the client’s responsibility to present you with an instrument that is finalized. So, he or she could complete the blank area in order to assure that the instrument is complete. Should they do so, the instrument would then be complete and set to be notarized. But, you are not allowed to advise them as to what they need to enter into the blank space. Please read our article about a Personal Appearance Before a Notary.
Handling Questionable Documents
By blank spaces, we are not referencing the area specified for your notary text. Nor are we referencing any space reserved for the client’s signature.
Another thing to do is to make sure all the pages are there. So, you want to search for any missing pages. If you fail to take suitable measures before applying your seal, you could put yourself in jeopardy of being exposed to serious liability. So, exercise caution.
Simply put, you must shield yourself. Documents that have blank spaces are not the only area to concern yourself with. The best way to shield one self is to have a complete grasp of the Notary Law in the State where you are commissioned. To many of you, this may seem elementary. But what happens to us, as humans, is that after a period of time we may get complacent. So, we need to take a proactive approach because the consequences can be too great. If we develop good habits and take a “best practices” approach, we should avoid the pitfalls that could place us in a liability situation.
Besides writing blog articles, we provide notary training. If you want to become a Notary Public in New York State, our notary exam preparation course can help you. Read our FAQ page to find answers to any notary questions you may have.
What would you do if your notary authentication results in a blotchy notary seal? Right off the bat, I should state that you need to be comfortable with your notary stamp. Maybe you just purchased a new one. To prevent the need to fix a blotchy notary seal, practice using the stamp beforehand. Take a blank paper and exercise some practice imprints. Within a very short time, you will develop a “feel” for the amount of pressure you will need to exert. If you do create a blotchy seal, it is a good idea to make a record of it in your Notary Journal.
Let’s say you’ve notarized countless documents. It still makes sense to do a practice imprint before actually stamping the real instrument. In either case, it’s a good idea to destroy those stamped practice sheets. This will help you to minimze the chanve of a blotchy seal.
It wouldn’t be wise to impress your stamp if the document is sitting on top of a stack of papers. That will frequently result in a blotchy notary seal. You need a level surface to help secure a clear image.
Solving the problem
Okay, let’s return to our issue. We all try to be careful. But let’s admit it, we are human. As such, we WILL make mistakes from time to time. So, let’s assume that you made your impression on the document. Doing so, you created a blotchy seal. Or, maybe you simply created a mark that is weak. Now what?
First off, do not attempt to adjust the original imprint. Here’s why. Consider that some type of legal action happens in the future. The court could consider that something fishy took place.
If you need to fix a blotchy notary seal you can certainly execute another (second) seal. Here, it is vital to note that the second seal cannot cover any of the information that is in the document. Equally, it should not cover the first seal.
Let me say this again. It is smart to practice your imprinting procedure.
A good way to avoid a problem is to think before you begin to put pressure on the stamp. By building good habits, you will go a long way in avoiding the potential of printing a bad impression. Hence, it will be very seldom that you will encounter a smeared imprint. A place to buy your notary stamp is Notary Stamp.com
Don’t forget that as a notary, you need to guard against potential liability. A sure way to do that is to be attentive to the notary law. Another problem a notary may face is when he or she encounters a name irregularity.
This site has many blog articles directed at notaries public. Feel free to visit our FAQ page to get answers to common questions. And, if you’re thinking about becoming a Notary Public in New York State, we will prepare you to pass the notary exam. Our New York Notary Exam course has assisted countless students prepare to pass the test.
If you want to know more about the ins and outs of being a notary, you can watch the YouTube video on Notary Law and Ethics by Michael Closen.
In New York State your commission is in your county of residence. Thus, it is your county clerk who may certify your official character as a notary public. Why would you need a certificate of Official Character? Well, some document recipients may require certification and authentication. It allows a document to be read into evidence. In today’s “let’s Sue” society, the ability to have a document read into evidence can be vital. We have more information on this in our Notary test preparation course.
So, assume you live in Monroe County and in addition to Monroe County you anticipate doing notarial acts in Ontario County. Consequently, You may file your autograph signature and certificate of official character in Ontario County (Or any number of counties, for that matter). Hence, you are registering your commission in another county. We have an article that relates to this. Feel free to read our blog post, Where to Have a Document Notarized.
Another blog article we have, although not necessarily related is, Should a Notary Public Advertise. If you have a certificate of official character in another county, you may want to advertise in that county. That does not imply that with or without a certificate of official character that you cannot notarize in another county. Indeed you can. Rather, we are assuming that you are do considerable business in more than one county. Thus, advertising may prove an additional benefit to your business. Feel free to check it out.
Fees
You can purchase an Office Character Card. You do this from the county clerk in the county where you have been qualified. However, there is a $5.00 fee for issuing a a certificate.
There is a fee of $10.00 to register your commission
Other Facts
The county clerk’s signature can be printed, faxed, stamped, photographed, or engraved on an authentication. So, if you are qualified in Monroe County, and someone in Ontario County needed to verify your signature (Notary Authentication), they would have to travel to the county clerk in Erie County. But, you can make it much easier for your clients by filing a Certificate of Official Character. The key here is: “printed, faxed, etc.
Your certificate expires with your notary commission, which means you would need a new one every 4 years.
Once you receive your Certificate of Official Character, you can submit it to the county clerk (In the case above, county of Ontario). in Ontario County, or any other county. More information on certifying official character is in the N.Y. Notary Public License law, visit New York State, Department of State and search Notary License Law.
