The Complete How-To Guide For Notaries

Transcription

The Complete How-To Guide for NotariesSusi SivkovaSeminar Instruction LeadNational Notary AssociationStephanie WinneySeminar InstructorNational Notary Association 2019 National Notary Association

Objectives Understand Notary’s role Hands-on experience Properly fill out journal entries Interpret and complete certificates Improve skills Feel prepared to serve the public 2018 National Notary Association

What is a Notary? 2018 National Notary Association

A Notary is: Commissioned by the State A Public Official An Impartial Witness A Ministerial Official A Deterrent to Fraud 2018 National Notary Association

Commissioned by the State Commissioned by S.O.S., governor, attorney general, etc. Every state has different requirements. Obey your jurisdiction rules (no matter where documentoriginates). Primary allegiance is to laws of respective states. 2018 National Notary Association

Requirements for Journals by State 2018 National Notary Association

Requirements for Seals by State 2018 National Notary Association

A notarization is the process ofperforming an official act as a Notary. 2018 National Notary Association

A notarization DOES NOT: Guarantee the accuracy or truth of a document. Legalize or validate a document. 2018 National Notary Association

Professional PracticesProtect yourself and your signers Use reasonable care Avoid the unauthorized practice of law: DO NOT choose the notarization DO NOT give advice DO NOT fill in document blanks Refer signers as appropriate 2018 National Notary Association

Notary / Signer RelationshipThe Notary: Screens for willingness and awareness Authenticates the signer’s identity Verifies the signer’s signature Compels signer to truthfulness 2018 National Notary Association

The two most common notarial acts 2018 National Notary Association

AcknowledgmentThe signer: Appears in front of the Notary Is identified by the Notary “Acknowledges” having signed the document 2018 National Notary Association

Acknowledgment CertificateState of NevadaCounty ofOn this the day of20, the principal,,personally appeared before the undersigned officer and acknowledged to me that he/she/theyexecuted the foregoing document in my presence for the purposes therein contained.Notary Signature 2018 National Notary Association

Acknowledgment CertificateState of NevadaCounty ofOn this the day of20, the principal,,personally appeared before the undersigned officer and acknowledged to me that he/she/theyexecuted the foregoing document in my presence for the purposes therein contained.Notary Signature 2018 National Notary Association

Jurat or Verification on OathThe signer: Appears in front of the Notary Is identified by the Notary Signs the document in front of the Notary Swears to the truthfulness of the document 2018 National Notary Association

Jurat CertificateState ofCounty ofSubscribed and sworn (or affirmed) on thisby201 ,, whose identity(ies) was/were proven to me.Notary Signature 2018 National Notary Associationday of

Jurat CertificateState ofCounty ofSubscribed and sworn (or affirmed) on thisby201 ,, whose identity(ies) was/were proven to me.Notary Signature 2018 National Notary Associationday of

Essential Steps of Notarization1.2.3.4.5.6.Require personal appearanceCheck document and certificateIdentify and screen the signerPerform steps required by certificateComplete journal entryFill in, sign, seal the certificate 2018 National Notary Association

Step 1: Personal Appearance Face-to-face meeting required 65% of misconduct due to lack of personal appearance Phone and video are unacceptable 2018 National Notary Association

Step 2: Check the Document and Certificate Is the document complete? Is the signature original? Is there a certificate? Which certificate? Is certificate acceptable in your state? 2018 National Notary Association

Step 2: Check the Document and CertificateA Complete Document: Has no missing information Has no missing pagesThe signer is responsible for filling in any gaps. 2018 National Notary Association

Step 2: Check the Document and CertificateRead the Certificate Facts: Acknowledgment (verify signature) Jurat (witness signature and give oath) Acceptable wording for your state? No Notary certificate wording? Then ASK THE SIGNER TO CHOOSE 2018 National Notary Association

Acknowledgment CertificateState of NevadaCounty ofOn this the day of20, the principal,,personally appeared before the undersigned officer and acknowledged to me that he/she/theyexecuted the foregoing document in my presence for the purposes therein contained.Notary Signature 2018 National Notary Association

Jurat CertificateState ofCounty ofSubscribed and sworn (or affirmed) on thisby201 ,, whose identity(ies) was/were proven to me.Notary Signature 2018 National Notary Associationday of

Step 3: Identify and Screen the Signer Satisfactory evidence of signer’s identity Is the signer willing to sign? Is the signer aware? 2018 National Notary Association

Step 3: Identify and Screen the SignerForms of Identification: Personal Knowledge State-approved Photo ID 1 Credible Identifying Witness (known to the Notary) 2 Credible Identifying Witnesses 2018 National Notary Association

Step 3: Identify and Screen the SignerExamples of State-Approved ID’s: Driver’s License Non-Driver’s ID Passport Military ID 2018 National Notary Association

Step 4: Perform Steps Stated in CertificateRead the Statement of Particulars: Acknowledgment? Have signer “acknowledge” his/her signature. Jurat? (“Subscribed and sworn”) Have signer sign document in front of you Administer an oath 2018 National Notary Association

Step 5: Complete the Journal EntryThe Journal: Is record of official acts performed Separate and complete entry for every notarial act Filled in while signer is present Protects the signer(s) Protects the Notary Recommended even if not required by your state 2018 National Notary Association

Step 5: Complete the Journal EntryRecommended for Each Entry: Date/Time of Notarization Type (Act) Document Title Identification Method Signature of Signer 2018 National Notary Association Location Fee Charged Name/Address of Signer Thumbprint Additional Comments

Step 5: Complete the Journal Entry 2018 National Notary Association

Step 6: Fill In, Sign, Seal the Certificate Follow all steps in certificate?(signature, oath?) Location of Notarization Date of Notarization Name of Signer(s) Notary’s Name (sometimes) Notary’s Signature Notary’s Seal Impression 2018 National Notary Association

Step 6: Fill In, Sign, Seal the CertificateState of Notary StateCounty of Notary CountySubscribed and sworn (or affirmed) on this (date) day of May,whose identity(ies) was/were proven to me.Notary Signature 2018 National Notary Association2018, by Simon Signer,

Practicing the Essential Steps of Notarization1. Require personal appearance2. Check document andcertificate3. Identify and screen the signer4. Perform steps required bycertificate5. Complete journal entry6. Fill in, sign, seal the certificate 2018 National Notary Association

Scenario Directions Require personal appearance (roleplay with partner) Look over document and certificate Check identification of signer(s) Perform acknowledgment or jurat Complete journal entry (charge X.00) Complete certificate 2018 National Notary Association

Scenario Directions 2018 National Notary Association

Scenario 1 Sarah Signer appears at your office with a Power ofAttorney and asks you to notarize her signature on it. The document is complete except for Sarah’s signature. It has Notary wording acceptable in your state. Sarah clearly is signing the document willingly and isaware of what’s going on. Sarah presents her driver’s license as ID. The address on the ID is current. 2018 National Notary Association

Check the document:– Is it complete?– Is the signature original? Check the certificate:– Acknowledgment?– Yes. Verify signature. 2018 National Notary Association

Today’sdate &AcknowledgmenttimeX9 Notary StreetPower ofNotary City, NSAttorney Special12345May xx, 20xxSigner is willing andAZ DL #D00363370Exp 10/7/2039 2018 National Notary Associationaware X.00Sarah Signer456 Signer StreetSignerville, AZ 88888

NotaryNotaryxxMaySarah Signer(Your Official Signature) 2018 National Notary Association19(Your printed name)NotarySeal

Scenario 2 Jane Public arrives at your office with an insuranceaffidavit for items that were stolen from her home. The document is complete, except for Jane’s signature,is dated today, and has certificate wording acceptable inyour state. Jane is clearly signing willingly and is aware of what’sgoing on. Jane has her driver’s license as ID. The address on the ID is current. 2018 National Notary Association

Check the document:– Is it complete?– Is the signature original? Check the certificate:– Jurat?– Witness signature,administer oath. 2018 National Notary Association

Today’sdate &JuratIL DL SOS #p142-4558-7924Exp 11/14/2020 2018 National Notary AssociationFlorida InsuranceJane Q. PublicNotary City, NSAffidavit1234 Main Street12345timeXc9 Notary StreetMay xx, 20xxDocument Date:Signer is willing andaware X.00Springfield, IL 62723

NotaryNotaryxx19Jane Q. Public(Your Official Signature) 2018 National Notary AssociationMayJuneNotarySeal

Scenario 3 Claudia Pastorelli and Fred Fiance have a PrenuptialAgreement they both need to sign. The document is dated May xx, 2019, and has preprintedcertificate wording that is acceptable in your state. Both have acceptable ID documents. Claudia’s address is:22 Elm StreetAnytown, Anystate 44444 2018 National Notary Association

Check the document:– Is it complete?– Signatures original? Check the certificate:– Acknowledgment?– Verify signature. 2018 National Notary Association

Today’sAcknowledgment 9 Notary Streetdate &Notary City, NStime12345Today’sAcknowledgment 9 Notary Streetdate &Notary City, NStime12345XAZ DL #D00363370Exp 5/1/2032Signer is willing andawarePrenuptialAgreementMay xx, 20xxUSPP #E3333333Exp 11/16/2020 2018 National Notary Associationaware777 Oak StreetAnytown, Anystate 44444PrenuptialClaudia PastorelliAgreement22 Elm StreetMay xx, 20xx X.00Signer is willing andXFred Fiance X.00Anytown, Anystate 44444

NotaryNotaryxxMay19Claudia Pastorelli and Fred Fiance(Your Official Signature) 2018 National Notary AssociationNotarySeal

Scenario 4 Jelani Sample asks you to notarize his letter of consentso his daughter can travel to Canada. Jelani is clearly signing the document willingly and isaware of what’s going on. For ID, Jelani presents his driver’s license that containshis current address. Jelani says that he was told to sign the document in frontof you and swear to its truthfulness. 2018 National Notary Association

Check the document:– Is it complete?– Signatures original? Where is the certificate? 2018 National Notary Association

Today’sdate &timeXJurat9 Notary StreetLetter of ConsentJelani SampleNotary City, NSto TravelApt. 12 Anytown, NV12345Document Date:Signer is willing andNV DL #123456789123aware; attachedExp 7/11/2022separate certificate 2018 National Notary Association X.00May xx, 20xx12345-00000

NotaryNotaryxxMay19(Your Official Signature) 2018 National Notary AssociationJelani SampleNotarySeal

Scenario 5 Caron Sample requests notarization of a Grant Deed for aproperty owned by her and her sister. You noticed the document is dated May xx, 20xx. It’s complete except for two blank signature lines: one forCaron and one for her sister, Sharon K. Sample, who is nothere. The certificate is acceptable in your state, but you notice thatthe certificate says, “personally appeared Caron Sample andSharon K. Sample.” Caron presents her driver’s license and clearly is signingwillingly and is aware of what’s going on. 2018 National Notary Association

Check the document:– Is it complete?– Signatures original? Check the certificate:– Acknowledgment?– Verify signature. 2018 National Notary Association

Today’sdate &9 Notary StreetAcknowledgmenttimeXGrant DeedNotary City, NS12345123 North Street Apt. 2Document Date:Signer is willing andKS ID card #K12-34-5678aware; Only Caron’sExp 1/11/2023signature notarized 2018 National Notary AssociationCaron Sample X.00May xx, 20xxTopeka KS 66612-1234

NotaryNotaryMay xx, 2019(Your Official Signature) 2018 National Notary Association(your printed name)NotarySeal

Scenario 6 Parker Sample brings a Durable Power of Attorney to youfor notarization. Everything is in order. The document is dated a few days ago, it has certificatewording that is acceptable in your state, he’s willing andaware and his driver’s license is correct. You then notice the venue on the certificate says,“Idaho.” That’s where Parker had the POA drafted, butyou are NOT an Idaho Notary! 2018 National Notary Association

Check the document:– Is it complete?– Signatures original? Check the certificate:– Acknowledgment?– Verify signature.– Check venue. 2018 National Notary Association

Today’sdate &AcknowledgmentDurable Power ofParker SampleNotary City, NSAttorney for Healthcare123 W State Street12345timeX9 Notary StreetDocument Date:Signer is willing andID DL 012345678901Exp 1/1/2020 2018 National Notary Associationaware X.00May xx, 20xxBoise, ID 83703

Notary (your initials)NotaryxxParker Sample(Your Official Signature) 2018 National Notary Association19MayNotarySeal

Scenario 7 You visit Janice Sample in the hospital. She needs an affiant statement notarized, but she hastwo broken wrists and cannot sign. She is willing to make a mark to replace her signature. You ask two people next to you to be witnesses of hermark. Janice shows you her valid ID, and the certificatewording is acceptable in your state. Janice is fully aware of what’s happening. 2018 National Notary Association

May xx, 20xx, Check the document:X(Mark of Janice Sample)– Is it complete?– Signatures original?Today’s DateWitness: Random WitnessWitness: Random Witness Check the certificate:– Jurat?– Witness signature.– Administer oath. 2018 National Notary Association

Today’sdate &9 Notary StreetJuratXNotary City, NS12345time123 Main StreetDocument Date:Random Witness’ signature, WitnessPA DL 99999999Exp 8/5/2020 2018 National Notary Association(2 broken wrists; made mark;signer aware)Janice SampleAffiant Statement X.00Harrisburg, PA 17101-0000May xx, 20xxXMark of Janice Sample

NotaryNotaryxxMay(Your Official Signature) 2018 National Notary Association19Janice SampleNotarySeal

Scenario 8 Connor Sample brings you a document in a languageyou do not understand. The certificate is also in a language you do notunderstand. Connor is willing to sign and is aware of what’shappening. He presents his valid ID as satisfactory evidence. You have access to acceptable certificates from yourstate. 2018 National Notary Association

Check thedocument:– Is it complete?– Signaturesoriginal? Check thecertificate:– Acceptable?– SignerchoosesEnglishcertificate. 2018 National Notary Association

Today’sdate &timeXAcknowledgment9 Notary StreetForeign LanguageConnor SampleNotary City, NSDocument123 N Main Street12345Document Date:Certificate in foreignMA DL S99988801Exp 1/12/2021 2018 National Notary Associationlanguage. Signer choseEnglish acknowledgment. X.00May xx, 20xxNorth Quincy, MA 02171-1748

See attached certificate 2018 National Notary Association

If signer chose jurat:NotaryNotaryxx19Connor Sample(Your Official Signature) 2018 National Notary AssociationMayNotarySeal

If signer chose acknowledgment:NotaryNotaryxxYour printed name(Your Official Signature) 2018 National Notary AssociationMay19Connor SampleNotarySeal

Sample Entry with 1 Credible Witness 2018 National Notary Association

Sample Entry with 2 Credible Witnesses 2018 National Notary Association

Questions? 2019 National Notary Association

Presentation TitleSubtitle if applicableSession Number 000The Complete How-ToGuide for NotariesPresenter Name, Presenter TitlePresenter Name, Presenter TitlePresenter Name, Presenter Title 2018 National Notary Association

Contact InformationSusi Sivkova, Seminar Instruction LeadNational Notary Associationssivkov@nationalnotary.orgStephanie Winney, Seminar InstructorNational Notary Associationswinney@nationalnotary.org 2019 National Notary Association

Rate ThisWorkshopPlease tap the NNA 2019 App to rate thispresentation. If you have questions aboutthe app, visit us at the NNA Hub.Thank you for attending! 2019 National Notary Association

Step 5: Complete the Journal Entry The Journal: Is record of official acts performed Separate and complete entry for every notarial act Filled in while signer is present Protects the signer(s) Protects t