What is a notary?
A notary is a state appointed public official that is authorized to conduct certain types of official acts such as Acknowledgments, Jurats, Oaths, Affirmations, Protests, and sometimes other notary public acts. Since notaries are appointed by their respective states, the laws for notary conduct and what types of official notary acts a notary can do vary from state to state.
Notary Acknowledgments & Identification Requirements
A notary public can execute acknowledgments. Acknowledgments are the most common notary act representing about 80% of all acts done by notaries! The notary must positively identify a signer as the first step in executing an acknowledgment. Identification requirements vary from state to state, but most states allow state issued identification cards, drivers licenses, and passports. As a general rule, any government issued photo-ID with a serial number, expiration date, and physical description is accepted. Social security cards, credit cards and green cards are not acceptable.
Identification through Credible Witnesses
Some states allow a notary to positively identify a signer through the use of credible witnesses who must be identified by the notary and then swear under Oath as to the identity of the signer. Personal knowledge of the signer used to be allowed in most states, but in recent years, notaries are required to rely on more “hard” forms of identification.
Notary Journals
After the identification process is over, the notary must fill out a journal entry in his/her official journal of notarial acts. Not all states require journals, but they should because the journal is the only record of a transaction that the notary has, and can be used in an investigation or in court after the fact. Such an investigation might happen in a few critical cases where fraud is suspected! The signer is required to sign the notary journal which is one of the most important parts of the notary process.
Notary Certificates
The notary must fill out an Acknowledgment Certificate with state specific Acknowledgment verbiage. The Acknowledgment wording can be embedded in the last page of the document, or could be added and stapled as a loose form.
The official notary seal
Notaries typically affix their seal to the notary certificate area in a document or on a loose certificate. This is a very official way that notaries finalize their notary acts. Notaries may use an inked rubber seal. Some states allow a notary public to also use an non-inked embosser which leaves a raised impression in a piece of paper — as a supplemental seal to deter fraud through page swapping.
Jurats
A Jurat is a notary procedure where the notary administers an Oath. The signer has to raise his/her right hand and swear under Oath to the truthfulness of a document or statement in a Jurat form. Additionally, the signer must sign the document in front of the notary for a Jurat, where they can sign long ahead of time for an Acknowledgment. Identification requirements for Jurats vary from state to state. Jurats represent roughly 18% of all notarial acts!
Oaths and Affirmations
Notaries can perform or administer Oaths or Affirmations for clients. They should record such acts in their bound and sequential journal as well. Wording for Oaths is really up to the notary, but some standardized or formal wording is recommended such as, “Do you solemnly swear that the contents of this document are true and correct to the best of your knowledge?”. Or, “Do you solemnly swear to tell the truth, the whole truth, and nothing but the truth, so help you God?”. The Oath verbiage depends on the situation and the document. However, it should be formal, and the Affiant (Oath taker) must raise their right hand definitively for this type of act. An Affirmation is the same as an Oath except for the fact that the word God is omitted from the Affirmation Verbiage.
Protests
This is an antiquated notary act where someone can protest the non-payment of a bill. I have never met a notary who has actually conducted such a notary act, but most states still include this as one of their official acts.
Acts allowed only in specific states
New York allows notaries to do Safety Box Openings as an official notary act while most other states do not. Rhode Island has something called a Marine Protest which is only an official notary act in Rhode Island. Various states allow notaries to act as a Witness as an official notary act as well. Additionally, please consult your state’s notary division for information about Apostilles and Authentications which typically involve either a local county recorder, the Secretary of State’s office, or a local embassy.
Documents that are commonly notarized.
Many notaries notarized Power of Attorney documents frequently. Notaries are advised not to draft such documents as they are legal documents. However, notaries can notarize signatures on such documents.
Affidavits of all sorts are normally notarized with a Jurat since they are to be sworn to (usually). The notary is forbidden from recommending a particular notary act over another, but they are not prohibited from stating what is “usually” done.
Wills can be notarized by a notary, however, it is generally frowned upon unless given written instructions from an Attorney!
Notaries can not notarize vital records such as Birth Certificates or Marriage Certificates.
A Notary Public can notarize Real Estate or Mortgage documents or loan documents except in certain Attorney states such as Massachusetts or Georgia where there are restrictions. Common loan documents that might be notarized could include Deeds of Trust, Signature Affidavits, Grant Deeds, Quit Claim Deeds, Occupancy Affidavits, and many more!
Where can I find a notary?
123notary has thousands of mobile notaries distributed throughout the United States that you can find on our Find a Notary page. They typically charge a travel fee and specialize in loan documents. To find a stationary notary, please consult your local yellow pages, or call pack & ship places in your area.
How can I become a notary?
Each state has a Secretary of State or Notary Division that appoints notaries. Please visit our state contact page, and contact your state’s notary division for details. Typically, you need to be 18 years old, not have a felony on your criminal record, be a citizen (some states require this), or in many states be legally residing in the United States. Most states have a Notary Public Application Form, and a Notary Public handbook for you to study from. You are normally required to pay an Application fee for becoming a notary, and there could be other fees for recording your Notary Oath of Office as well as the fee for your Stamp, Journal, and other related fees.
Is it worth it to become a notary?
It can be very rewarding to be a notary. You can make a lot of extra money in your spare time if you have a way to attract clients. You can meet new people, and learn new things. Mobile notaries who are good at what they do can make a full time living driving around doing loan signings. You can get a job more easily if the boss knows you are a notary, as that is a skill in high demand at many offices.
Tweets:
(1) A notary is a state appointed public official authorized to conduct certain types of official acts such as Jurats …
(2) A notary public can execute Acknowledgments, Jurats, Protests, Oaths, Affirmations…
(3) A quick guide to being a notary including: journals, seals, identification, witnesses, jurats, oaths & more…
I want to learn more!
Visit our GLOSSARY of notary and mortgage terms, and read more articles in our blog!
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You could get sued if you don’t have a business license
Legally, you might need to get a business license
Did you just get your Notary Commission? Good for you! Do you want to start a business doing notarizations? unlikely unless you have gotten huge without a business license. However, there is a small chance that someone else might register that business name somewhere in your state or county and sue you for damages. After all, you were Legally, you might need to get a business license. But, most notaries don’t get one until they want to use a particular business name. Some even advertise in the yellow pages without having a registered business name. What is the risk in not doing so? Will the state government come crashing down on you? That is using THEIR business name and they could claim to have lost money!
Changing or removing your business name
The problem is that once you put your business name in print on the internet or in printed advertising, you might find it very difficult to get change it or remove it. Google keeps a cache of old pages for months as well, so that information you posted on the internet could haunt you long after you remove it!
Notary Business names that change every month?
We have notaries on 123notary who change their business name every month. Each time it is a different variation. In October it is MG Notary Service, and then it changes to MG Properties, and then in December it is Mary’s Notary & Apostille. Which one is it? Notaries cannot change their personal or business name on our site without my intervention. But, when I see that they are changing their business name every month, I begin to think that “perhaps” their business name is not really registered, and that they don’t have business licenses. Hmmm. Once I asked someone to send me proof of their business license and they sent me a copy of a newspaper ad they had used to publish their business name. The text was different sizes and on different lines, and I couldn’t tell which part of the name was commentary and which part was the name on their business license. Good God!
Be safe and get registered
It is better to think long and hard about what your business name should be. Then, register your business name, and get a company bank account. Then you can advertise, and do business as a DBA without “as much” risk of being sued due to your business name. There can always be some clown who still wants to make trouble with you who has that same business name registered in another county, but if you are playing by the rules, it will be harder for someone to question the legitimacy of your business name and probably less likely that they can sue you for “business name infringement”. Your name on your notary commission is registered, why shouldn’t your business name as well?
Tweets:
(1) Did you just get your notary commission? Good! You need to get a business license now.
(2) Once your business name is registered & in print, it is not easy to change it. Think it over first.
(3) We have notaries on 123notary who change their business name every month. Doesn’t sound very legal.
(4) You might be held liable for “business name infringement” if you don’t register your biz name.
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