Questions?
Typical Questions That New Notaries AskPublished October 29, 2024
What is a “notarial certificate”?
• It is a notary public’s official statement detailing their notarization of a person’s signature. The notary signs and seals this statement with their official signature, and stamp or seal. The notarial certificate is usually located next to the person’s signature that must be notarized. Some notarial acts don’t involve notarizing a signature, but still require a signed, sealed notarial certificate describing the notary’s actions.
My state doesn’t require notaries to use a stamp or seal, but will a document I notarize without using a stamp or seal be rejected?
• Although notary law differs somewhat from state-to-state, notarizations properly performed by a notary of one state are “recognized” (accepted) in any other state. This “interstate recognition” of notarial acts is a core principle of notarization in America.
Does it matter where I buy my notary stamp or seal?
• You must be sure that the maker of your notary stamp or seal knows and understands the specific stamp or seal requirements of your state. A notary—not necessarily the stamp maker—can be penalized for using a stamp or seal that is not in the correct format. Always choose notary stamp and seal makers with the needed expertise to properly make your notary stamp or seal.
Am I allowed to negotiate what I’m paid for my notary services?
• For performing actual notarial acts, you may charge only the fees that are allowed or specified in your state notary laws. Some notaries charge a separate fee for additional services that are not notarizations, but such fees must be itemized and billed separately.
Can I pre-sign notarial statements and leave them and my stamp for a trusted co-worker to use?
• Absolutely not. Notarial certificates may only be completed and finalized by you, the notary—never by any other person, even someone you trust. In fact, your stamp should never be accessible to anyone but you, ever, unless you’re required to give it to your commissioning officer or law enforcement in the course of an investigation. And, notarial certificates are only completed at the time of the actual notarization, not before or afterward.
Are notaries required to keep any official records?
• Notaries in many (but not all) states are required to keep an official record of every notarial act they perform. The requirements for these records are provided in the notary’s state laws, administrative rules and guidance of the notary’s commissioning officer. The most common record requirement is for a notary to keep an official journal in which they record information about every notarial act performed.
Can I notarize for family members and friends?
• That depends on state law. Most states have some sort of restriction(s) regarding family members, particularly with respect to immediate family members such as parents, spouses, and children. Refresh your memory, frequently, about any notarization restrictions that apply in your state.
Can I be located anywhere when I notarize?
• A notary public must always be physically located within their jurisdiction when performing an official notarial act. This jurisdiction is statewide (not limited to the notary’s county or city/town of residence).
May I decline or refuse to notarize if I need or want to?
• You must always refuse to notarize if you believe your customer is under undue pressure to go through with the actions that require you to notarize. You must also refuse if you believe your customer is not sufficiently mentally aware of the circumstances or consequences of going through with the transaction and notarization.
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