There are many things a Notary cannot do, and this is not a complete list, but here are the most common no-no’s.  The exception to some of these rules is if you happen to be an authorized agent in a particular field that gives you authority to act in that capacity, such as an attorney or loan broker who is also a Notary.

You cannot prepare or choose the documents for signing.  Often people will come to you for something like a Power of Attorney and expect you to have the forms.  The only forms you are required to keep and provide are notarization forms when one isn’t provided with the document to be notarized, or if the provided wording is incorrect.  It’s a good idea to make sure someone is prepared with their documents when setting up the appointment over the phone.

You cannot insert or fill in information for the signers.   As a Notary you can’t fill in a form to be notarized for someone, unless you are also an authorized provider of that service.  Part of your job is to scan the document for any blanks or missing information.  You can point that out to the signer so that they add to or correct the form. 

You cannot advise the signer as to exactly what their answers should be to questions.  This should all be taken care of before presenting the document for notarization.

You cannot notarize incomplete forms.  If there are blanks that are to be left blank, “to be added later,” or “N/A” should be filled in by the signer.

You cannot backdate or forward date a notarization.  The document that is to be notarized can bear the date it is created or becomes effective, but the notarization of a document is always dated the date it is notarized.  No exceptions.  Notaries have lost their commissions and worse over this issue.

Especially if you’re new, some people will pressure you to break or bend the rules,  possibly even your boss or someone in authority over you.  Perhaps they’re just a day late in documenting something and “it really won’t make a difference if you date it yesterday.”  It could make a huge difference if there is a legal issue later, and it will be your neck on the line.  The oath you took when receiving your Notary commission is independent of any other subordinate role you have to anyone else.  You are subject to the laws of your state, and the answer is always, “No!”

Share on Facebook

It sounds so simple and sort of goes without saying, but, ALWAYS complete your Notary journal entry before you do anything else.  I learned this the hard way.  If you get things out of order or get sidetracked, you will forget something.  I forgot to get a required thumbprint once, and another time I missed entering their ID information.  In both cases the signers started involving me in questions about their paperwork before I had completed the journal entries.  I can still remember chasing them through the parking lot just before they drove away.

In most states the information recorded in your Journal of Notarial Acts is required by law.  (Even in the cases where it isn’t, you should record it for your own protection.)  If you fail to enter required information, it is punishable and/or finable. 

 If you make it a habit to greet the signers and make them comfortable, ask for ID and complete your Journal entries, ending with their thumbprint and signature, you’ll never have to chase someone through the parking lot.

Share on Facebook

This question can confuse even experienced Notaries.  First of all, the Acknowledgment and Jurat are the two most common types of notarization, but are different in purpose.  What becomes confusing is that sometimes the document that needs notarization isn’t worded clearly.  As a Notary you have to ask yourself, are you simply “acknowledging” (witnessing) a person’s signature (Acknowlegment), or are you witnessing their oath that something is true, along with their signature (Jurat).  

But just to keep it as simple as possible, if the wording on a document to be notarized is asking in any way for the person to affirm or swear that something is true, for instance  that the home they live in is their primary residence (often included in loan documents), then a Jurat is the proper notarization.   Typical wording on the document would be:  “I, (person), of legal age, being first duly sworn. . .” .   You need to look for formal words like:  “I certify under penalty of perjury. . .” or “I do so agree and covenant. . .”  “I affirm that . . .”  “I testify that. . .”

Any documents that just require a signature without any declarative statement should be notarized using an Acknowledgment.  You might feel confused if an Acknowledgment has words like:  By signing this. . .(person) accepts and agrees to the terms and covenants contained in this document.  Even with the word “covenant” in there, an oath or affirmation is not involved, and the person is agreeing to something without having to affirm or swear an oath.

A personal appearance before the Notary is ALWAYS required to execute a Jurat.  No one else can swear an oath or affirmation for the person named on the Jurat.  It is a personal promise that can’t be made by anyone else.  In addition, the Jurat must be signed, dated and notarized at the time the oath or affirmation is administered.  It cannot be signed in advance under any circumstances.

A personal appearance before the Notary by the person named in an Acknowledgment is usually required to execute an Acknowledgment, but there are exceptions.  A representative with power of attorney or a subscribing witness may appear in place of the person named.  A person signing a document requiring an Acknowledgment can sign in advance, bring the paperwork to the Notary and represent to the Notary that it is their signature and that they signed it before coming to the Notary.  The Notary can notarize this signature based on proper ID and that the person is standing before them stating it is their signature.  Even though their signature may be dated a previous date, the notarization ALWAYS carries the actual date of the notarization. 

In some cases a document requires both a Jurat and an Acknowledgement.  You then administer the oath or affirmation and complete both documents.  Some states have developed a combination jurat/acknowledgment form, but other states still require two separate forms.

Share on Facebook

Share on Facebook