Essential Prep-Steps for Notaries

ESSENTIAL PREP-STEPS FOR NOTARIES
Published September 5, 2024

Most notaries have their own personal procedures and checklists to ensure that, when asked to perform a notarial act, they are informed, organized and prepared for any surprises. But before they reach those levels of competence and organization, EVERY notary must navigate the early days of their very first commission or appointment.  

That time is full of many "firsts" that a notary must execute competently. Of those, the most nerve-wracking of all is a notary's first performance of a notarial act for a customer or employer.

If you're a newly commissioned notary, what have you done to ready yourself for that first request?  Are you sure you have all the resources and tools you need to notarize with confidence?

The time to ask yourself "Am I ready?" isn't when a customer is standing before you.  Give yourself the best chance for success by implementing these organizational strategies, now.

1.  Read your notary law and administrative rules, keep them handy for reference, and re-read them on a regular basis. There's simply no substitute for this essential practice.

"Notary law" means your state's notary statutes. "Administrative rules" means additional regulations usually produced by the state officer/office that commissions notaries. These resources provide, in detail, all the do's and don'ts of being a notary public, performing notarial acts, and additional requirements such as keeping notarial records. You can be penalized for failure to comply with your notary law and administrative rules, including possible loss of your notary commission or appointment; fines; and even incarceration for some offenses. Your state notary laws and administrative rules are usually provided on the website of your state official who commissions or appoints notaries.

2.  In particular, study your notary law's formats for the notarial certificates you must complete for certain notarial acts. The notarial certificate is the written statement on a document that details the facts of the notarization performed; the officiating notary signs and seals this statement. This certificate language can differ from state-to-state.  You must sign/seal only notarial certificate wording that substantially complies with any wording specified in your state laws and rules. If a notarial certificate on a document does not comply with your state's required wording, you must line-through the incorrect wording and write-in the correct wording, or attach a separate sheet with the correct wording.

3.  Be certain that your notary stamp or seal complies with your state's requirements. Failure to use a properly designed notary stamp or seal, when required to do so, is another punishable notary offense. Don't assume that ANY stamp-making business can produce a properly designed, official stamp or seal for a notary public. Reputable providers of notary stamps and seals, who specialize in production of these essential notary tools, are your best resource for a notary stamp or seal that complies with applicable notary law and/or administrative rules.

4. If you intend to charge a fee for your notarial services, always disclose that BEFORE performing the notarial act. Keep printed lists of your fees handy, and give one to each customer BEFORE notarizing. Never charge more, for any notarial act, than the fees specified in your notary law and rules.

5. Faithfully perform the verbal ceremonies for the signature notarial acts you are authorized to perform. This ceremony is in the form of a question the notary asks the person whose signature is being notarized.  These common signature notarial acts require a verbal ceremony:  the acknowledgment ("Do you acknowledge signing this document willingly, for its stated purpose?"); and the verification on oath or affirmation, also called a jurat ("Do you solemnly swear that the contents of this document are true, so help you God?").  A signature witnessing notarial act does not require a verbal ceremony.

6.  Whether required by law or not, keep records of all your notarial acts in a journal or recordbook designed specifically for that purpose. A recordbook (journal) is a notary's only retained evidence of the notarial acts that they performed.  In most states, a recordbook can be a bound paper book, or it can be in an electronic format. You must keep and save all active recordbooks and filled recordbooks so that you are the only person who has access to them.  Follow all your commissioning state's guidelines for providing recordbook access and copies of records to requesting parties.

One final step... know where to go for additional help.  In most states, the state commissioning officer's staff answers notary questions and provides telephone assistance, as appropriate. Another resource is membership in a professional organization like the American Society of Notaries. Our members can call our toll-free helpline during our regular business hours, and we monitor email requests during non-business hours.  Click here to learn more about joining our Society.


Questions?...please send an email to support@asnnotary.org

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