Before accepting any job or assignment as a Notary Public, it is crucial to understand your legal responsibilities, limitations, and best practices to ensure compliance and protect the public. The most important things to know include:
This information is not state-specific. Refer to your State’s Notary governing body (typically the Secretary of State) and your Notary Laws Handbook for the applicable rules and requirements.
1. Scope of Authority and Legal Compliance
Understand Your Jurisdiction and Commission
You must know the exact geographic boundaries and types of acts you are legally authorized to perform under your commission (state or commonwealth).
Adherence to Notary Laws
Be thoroughly familiar with your state’s notary laws, regulations, and statutes, including required notarial acts, approved forms of identification, and maximum allowable fees.
Prohibition on Giving Legal Advice
A Notary Public is prohibited from acting as a legal counselor unless they are also an attorney. You must never explain the contents or legal effects of a document, nor offer opinions or advice regarding the execution of a document.
Knowing When to Refuse Service
You must understand the legal grounds for refusing a notarization, such as:
- Suspicion of fraud or coercion.
- The signer’s lack of mental competence or awareness.
- Lack of satisfactory identification.
- The document being incomplete.
- The act being illegal or improper.
2. Proper Identification of Signers
Acceptable Forms of ID
Know exactly what forms of identification are legally acceptable in your jurisdiction (e.g., state-issued driver’s license, passport).
Verifying Identity
You must personally verify the identity of the signer and be convinced of their identity through satisfactory evidence. The ID must be current and valid.
The Credible Witness Option
If permitted by your state’s law, understand the precise requirements for using credible identifying witnesses, including who can act as a witness and the required notarial certificate wording.
3. Completing the Notarial Act
Personal Appearance
The signer must personally appear before you at the time of the notarization. No exceptions should be made unless explicitly authorized by state law (e.g., remote online notarization, if applicable to your commission).
Administering Oaths/Affirmations
If performing a Jurat or an affidavit, you must properly administer the oath or affirmation, ensuring the signer raises their right hand (or other appropriate gesture) and orally acknowledges the oath.
Completing the Notarial Certificate
The notarial certificate (acknowledgment, jurat, etc.) must be correctly filled out, including:
- The venue (state and county where the notarization takes place).
- The date of the notarial act.
- The full, correct name of the person appearing before you.
- Your signature and official seal.
- If it is a loose-leaf attachment to the document, specify on the Acknowledgement or Jurat what document, date, and page count it is attached to.
4. Documentation and Record Keeping
Mandatory Journal/Record Book
Understand your state’s requirements for maintaining a Notary Journal (paper or electronic). This is your primary defense against claims of improper or fraudulent acts.
Required Journal Entries
Each notarial act must be recorded with specific details, which typically include:
- Date and time of the act.
- Type of notarial act performed.
- Character of the document.
- Signer’s name and address.
- Method of identification used.
- Fee charged.
- Signature/thumbprint (if required) of the principal.
5. Professional Responsibility and Insurance
Maintain Your Bond
You must maintain the surety bond if your state requires it, which protects the public against financial damages resulting from your errors or misconduct.
Errors and Omissions (E&O) Insurance
While often optional, securing E&O insurance is highly recommended and best practice. The bond protects the public; E&O insurance protects you from costly legal fees and judgments resulting from mistakes. If you are a Signing Agent, your E&O insurance should be $1MM.
Notary Location
You must be aware of the exact location where the service is being provided, as the venue on the certificate must reflect the physical location of the notarization.
6. Financial and Operational
Fee Schedule
Charge no more than the maximum fee legally allowed by your state for each specific notarial act. Most states allow ancillary fees, like travel or administrative fees. Make sure you are clear on the allowances.
Professional Supplies
Ensure your notary seal/stamp and journal are secure and used only by you. Know how to report a lost or stolen seal/stamp.
Scheduling and Preparation
Always confirm the type of notarial act needed and the documents required before the appointment to ensure you arrive prepared to complete the job properly.
Questions about notary services in Colorado? Call Aimee or book an appointment.