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
As we mentioned, the signer must appear before the notary at the time of the notarization.
We recommend that the signer signs the document in front of the notary.
The signer must show an ID to verify that they are who they claim to be.
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.
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.
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.
The 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.
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.
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.
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.
This is particularly true in today’s litigious society. We need to protect ourselves against potential for being accused of misconduct.
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.
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.
We are frequently asked what kind of questions are on the New York Notary Exam. Well, we cannot determine what you will be asked. But, based on previous exam questions, we can give you an idea of what to look for. Here are some New York Notary Exam Sample Questions. Remember this: All of the questions come from the New York State Notary License law. To get a copy of the Licensing Law, visit New York’s website and scroll down to the link – Laws, Rules and Regulations. You can then download the PDF file. So, let’s take a look at the types of questions that could be asked on the exam.
New York Notary Exam Sample Questions
The New York Secretary of State can charge a fee of $25.00 for changing an address, or the name of the notary public. True or False.
This is FALSE. The fee for changing a notary’s name or address is $10.00
A certification of the signature of a notary must be issued by a New York State court. True or False.
This is FALSE. Any certification of a notarial signature would be done by the county clerk. .
Any member of the New York State Legislature cannot receive a notary appointment. True or False.
This is False. Because a member of the legislature can certainly be appointed as a notary public. .
A deposition may be taken before a New York Notary in a civil proceeding. True or False.
This is True. .
A notary has the power to solemnize a marriage. True or False.
This is False. .
Anyone who acts as a notary public, but has not taken and filed an oath of office is guilty of a misdemeanor. True or False.
This is True. .
If a notary is asked to administer an oath or affidavit, must administer same. True or False.
This is True. Otherwise, failing to do so is a misdemeanor. .
A _________ is a witness testimony which is taken outside of a courtroom before a notary public.
The answer is “A Deposition.” .
A New York Notary’s appointment last for _________ years.
The answer is Four Years. Therefore, after that time they can renew their commission. .
The _________ issues the renewal of a notary appointment.
The answer is: The County Clerk, who then sends it to the Secretary of State.
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More About New York Notary Exam Sample Questions
Bear in mind that the exam consists of 40 questions. Furthermore, the above is merely a small sample of the types of questions you might encounter. By the way, If you wish to become a New York Notary, we want to help you prepare. A good source to better understand Notary License Law is to watch Michael Closen’s YouTube video.
Feel free to read some of our other blog items. Obviously, you are welcome to visit our About the Course Page to learn about our New York Notary Training program. Or, you can visit our Frequently Asked Questions page.
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.
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.
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.
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.
The question is periodically asked, should a 
