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How to become a Notary Public in California

We have all seen signs for notary public services posted around our towns. Notary public services are available in post offices, banks, and even grocery stores.  A notary public can witness signatures on legal documents, administer legal declarations and oaths and can perform other acts depending on the area of the country that they reside.  Like most other states, to become a notary public in California there are specific qualifications that you need to meet before you can be certified.

To become a notary public in California, you must meet and complete each of these requirements in this order:

•Be at least 18 years of age or older

•Be a legal resident of California

•Complete a Secretary of State approved course of study

•Pass a written exam

•Clear a background examination

Prior to being appointed as a notary public you need to complete a Secretary of State approved course of study from an approved vendor.  To find a list of approved vendor in your area, consult the California Secretary of State’s website.

The classroom instruction will provide the prospective notary public with the training that they will need on the job.  They will receive a full understanding of the responsibilities and duties of a notary public.  They will also learn ways to effectively reduce legal action taken due to misconduct by a notary public.

All students will receive a certificate of completion when they have successfully completed the required six hour classroom instruction.  Once the mandatory course of study is completed, you will need to register for your exam.  The certificate is valid for up to two years, and you will need to present it to sit for your notary public exam.  If the certificate is expired prior to taking the exam, the classroom time will need to be retaken.

Once  notary public exam is passed, you will need to be finger printed and submit to a background examination.  Your exam will expire one year from the date that they test was taken.  If you do not submit for your background examination within the one year period, you will have to retake the test.

Effective January 1, 2008, all prospective notary publics must submit to a background examination by the FBI as well as the California department of justice.  The background examination must come back clean before appointment of notary public can be issued.  As part of your background examination, you will have to admit any arrest that has a pending court date as well as any convictions.  Convictions dismissed under Penal Code Section 1203.4 and 1203.4a must be disclosed even if they were dismissed.  If you have any questions about arrests or convictions, make sure to contact the California Department of Justice.

All convictions must be disclosed, and the California Secretary of State can recommend denial of your notary public license for any of the following reasons:

•Failure to disclose any arrest or conviction

•Conviction of a felony

•Conviction of a misdemeanor where less than ten years have passed since the completion of probation

When the background examination comes back, the notary public applicant will receive a commission packet.  The packet will include further instructions and a commission certificate.  You will also receive the forms that you need to have your seals manufactured and the instructions to have your final oath and bond issued.

Requirements to become a notary public in the state of California are always changing.  Be sure to check the Secretary of State’s website for any changes that could effect your notary public appointment.

Mobile Notary business 3 tips to help you avoid burn out.

It happens to all of us. We work endlessly to build our customer base and to keep our clients happy just to feel burned out and under appreciated.

If this sounds like you, chances are your business is working you, rather then you working your business. Until you change this you won’t feel any better. Actually, things will probably get worse.

Let’s take a moment and get up to speed on what the differences are between running your business and it running you.

 

It happens to all of us. We work endlessly to build our customer base and to keep our clients happy just to feel burned out and under appreciated.

If this sounds like you, chances are your business is working you, rather then you working your business. Until you change this you won’t feel any better. Actually, things will probably get worse.

Let’s take a moment and get up to speed on what the differences are between running your business and it running you.

When you’re running a business like a mobile notary service it’s your operation. You have a systematic approach to your business process that can be duplicated by anyone. A way to take orders, a way to invoice, and a way to communicate with your clients.

When it’s running you, it’s a completely different thing. Most days are spent jumping from one thing to another all day and sometimes all night. You’re not sure who owes you money or who you owe, how to build or how to market. One thing is for sure: when your business says jump, you say how high. You’re on your way to burning out, if you haven’t already.

This problem affects all small business owners at some point; it’s not just something exclusive to the mobile notary industry.

And while some mobile notary signing agents quit and give up, others are able to turn things around and begin to enjoy life again.

Here are 3 tips to help you avoid burn out in the mobile notary business and get your life back.

1. Take one day off a week

Once a week you should take a day to yourself. Turn the cell phone off, don’t run any appointments and go do something you love to do. Taking time out for yourself is one of the best things you can do to help avoid burn out. It can help rejuvenate you and give you a different perspective.

2. Don’t answer your phone after 6PM

This one can be hard to get used to because most mobile notaries feel they need to be available for every phone call that they get in order to build their business. But it is simply not true. Sometimes a company will want to work with you more because you are not available or not picking up the phone. It shows that you have limits and that you run a business; your business is not running you.

3. Help someone every day.

Take time every day to help someone. It’s good for the soul, and it will help you avoid mobile notary burnout. So go out there and open the door for a stranger, compliment someone you’ve never met before, help a newbie notary get started. It will always come back your way.

Remember to put yourself first. You’ll gain more clients, make more money and be a happier person overall.

 

 

Indianapolis to Host Public Officials Association

February 14, 2011

News Release

INDIANAPOLIS– A national association of public officials has chosen Indianapolis as the host location for its 2013 annual summer conference.

The National Association of Secretaries of State (NASS) will attract more than 250 secretaries of state, their staff, state election officers and notary public administrators to the Circle City during the four-day conference from July 11 – 15.

The NASS executive board this week selected Indianapolis as the host city for the 2013 summer conference during its 2011 annual winter conference in Washington, D.C.

The selection of Indianapolis was made possible through a collaboration between the office of Mayor Greg Ballard, the Indianapolis Convention & Visitors Association and the Indiana Secretary of State’s office. Indianapolis served as host for the summer conference once before in 1985 under then-Secretary of State Ed Simcox.

“We are thrilled to be the host office for the 2013 summer conference of the National Association of Secretaries of State,” Indiana Secretary of State Charlie White said. “Indiana is a proven leader in efficient government, and this conference will serve as an exchange of ideas for the best ways to meet the needs of constituents from across the country.”

The conference will showcase Indianapolis as the host city and allow those attending to compare the most efficient procedures for conducting public policy.

Events being considered for the 2013 conference include several receptions around the city, a golf outing, family member visits to various attractions, such as local museums, the Indianapolis Motor Speedway and the Indianapolis Zoo.

“The city of Indianapolis is honored to serve as the host city for the National Association of Secretaries of State annual summer conference in 2013,” Ballard said. “We are pleased that officials from states across the country will be examining government efficiencies in Indianapolis, where we have achieved significant successes in this area, and have an opportunity to experience our growing tourism and hospitality industry firsthand.”

The NASS convention is the latest example of national agencies and organizations choosing Indianapolis for its unparalleled amenities and demonstrated ability to host events on a grand scale.

“We are extremely honored, under the key leadership of Secretary White and Mayor Ballard, to have been awarded this prestigious conference,” said Michelle Travis, senior vice president of sales for the Indianapolis Convention & Visitors Association. “This is yet another example of a convention attracted by Indianapolis’ $3 billion in new infrastructure. Having this influential group meeting in Indianapolis will draw incredible awareness to our destination and will undoubtedly lead to further tourism economic development.”

About the National Association of Secretaries of State

Founded in 1904, the National Association of Secretaries of State (NASS) is the nation’s oldest, nonpartisan professional organization for public officials. Members include the 50 states, the District of Columbia, Puerto Rico, American Samoa, Guam and the U.S. Virgin Islands.

NASS serves as a medium for the exchange of information between states and fosters cooperation in the development of public policy. The association has key initiatives in the areas of elections and voting, state business services and digital archiving, as well as several well-established awards programs. Learn more by visiting http:www.nass.org.

Source: Office of Secretary of State Charlie White

 

The Mobile Notary Business. Get out or Hang on?

Here we go.  The final 2 end of the month rushes of 2007.  And what a year it has been for mobile notaries, in 2007 we have seen an end of the REFI boom and the collapse of Sub-prime lending, and each and every one of us has been affected in some way.

So what lays ahead for us in 2008 and where the work will be coming from? As a Notary Public you know that the service you provide plays an important role in society, but how does one continue to sustain there business with ever rising gas prices, fewer loans being signed and more mobile notaries entering the market keeping fees down?

Is it time to get out, or do you just keep hanging on?

Montana Notary Seal And Ink Requirements Now In Effect

As a result of recent Montana law changes that significantly modernized the state’s Notary regulations & procedures, newly commissioned Notaries in “The Treasure State” must now use an inking stamp-type seal with specific information & a standardized format. An embossing crimper-type seal may no longer be used.

The regulations apply to all of the state’s Notaries who received a brand spanking new or renewal commission on or after October 1, 2009. The new inking stamp must be rectangular & about 1 inch by 2 ½ inches, & it must include an official circular seal bearing the Notary’s name, the words “State of Montana,” & the words “Notarial Seal” or “Notary Public” along with the following information in the rectangle:

•The Notary’s printed name exactly as it appears on the Certificate of Commission

•The title, “Notary Public for the State of Montana”

•The words “Residing at” with the name of the city or town where the Notary lives

•The Notary’s commission expiration date, shown in Month/Day/Four-Digit Year format.

As a point of clarification, Montana Notaries may no longer print a blank space in the inking stamp as part of the commission date, & then write in the date by hand. Additionally, all inking seals in the new format must be impressed with blue or black ink.

If any of the information contained in the seal/stamp changes in the coursework of the Notary’s term of office, the stamp must get replaced. Handwritten corrections are no longer allowed.

Notaries holding commissions expiring before October 1, 2013, may use their current seals until their commission expires, after which they must get a replacement seal conforming to the new format.

U.S. Notary Law Updates AUG 1, 2010 North Dakota

Notary Law Update: Senate Bill 2322

Description:

Senate Bill 2322 prohibits a Notary from notarizing any signature without positively identifying the signer. SB 2322 authorizes the Secretary of State to deny, revoke or suspend the commission of a Notary for violating any provision of Chapter 44-06 (“Notaries Public”) of the North Dakota Century Code and to adopt rules governing the signing and submission of electronic documents with a state agency. It also prohibits a Notary from notarizing a petition filed as a prerequisite to the calling of an election or for the performance or prohibition of any act under Section 1-01-50 of the North Dakota Century Code if the petition contains the Notary’s or the Notary’s spouse’s signature.

State: North Dakota

Effective: August 1, 2010

Signed: April 8, 2009

Chapter: TBD

Affects:

Amends Sections 1-08-12, 44-06-13.1 and 44-06-13.2 of the North Dakota Century Code

Changes:

1. Prohibits a Notary from notarizing a signature on a document if the Notary did not personally know or obtain satisfactory evidence of the identity of the signer.

2. Authorizes the Secretary of State to deny, revoke or suspend the commission of a Notary for violating any provision of Chapter 44-06 (“Notaries Public”) of the North Dakota Century Code.

3. Prohibits a Notary from notarizing a signature on a petition submitted as a prerequisite for calling an election or for the performance or prohibition of any act under Section 1-01-50 if the Notary or Notary’s spouse is a signatory to the petition.

Analysis:

Senate Bill 2322 is an important new law that raises the bar for North Dakota Notaries in three important ways. First, the new law specifically prohibits a Notary from performing a notarial act without positively identifying the signer. Previously, identification was expressly required only for acknowledgments (see NDCC 47-19-20). Now, a signer of a document bearing a jurat must be identified through the Notary’s personal knowledge of the signer or satisfactory evidence. Second, North Dakota’s already strong statute prohibiting a Notary from notarizing a document containing the Notary’s or the Notary’s spouse’s name has been made stronger. The new law extends to any petition filed with a state officer, governing body, board, agency, instrumentality, or political subdivision as a prerequisite to the calling of an election or for the performance or prohibition of any act if the signature of the Notary or the Notary’s spouse is on the petition. Third, the new law authorizes the Secretary of State to take administrative action against the commission of a Notary who violates any provision of Chapter 44-06 of the North Dakota Century Code, the chapter of laws governing Notaries.

Illinois Court Sets Nationwide Standard For Notary Employers

In Vancura v. Katris, the Illinois Appellate Court held a national photocopy chain directly liable for the misconduct of a Notary employee at a suburban Chicago store because the business failed to properly train & supervise him — even though state law imposed no such requirement.

A relatively obscure appellate ruling in the nation’s heartland carries implications that reverberate from coast to coast, potentially affecting the business practices of employers & the way liability law is interpreted by the courts.

The case centered around a real estate deal that involved a Notary’s acknowledgement of one documents containing the forged signature of plaintiff Richard P. Vancura. Notary Gustavo Albear admitted that he notarized one of the documents but denied notarizing the second. He did admit that the seal on the second document appeared to be his. During the trial, Albear testified that he only necessary signers to present an ID with a signature — & not a photo — so he could match it to the signature on the document.

While the appellate court rejected a quantity of the trial judge’s findings against Albear’s employer, it upheld what may turn out to be the most far-reaching conclusions — that the employer was liable for damages because it had a broad, legal responsibility to make sure its Notaries followed notarial best practices above & beyond what state law necessary.

The court specifically cited the standards of conduct & training detailed in the National Notary Association-crafted Model Notary Act. A legal opinion penned by the prestigious national law firm Proskauer Rose concluded that the Vancura ruling could have a national impact because courts in other jurisdictions can apply the same principles used by the Illinois court.

According to the appellate ruling, the employer “knew or should have known that [the Notary’s] failure to positively identify persons requesting notarizations through pictorial identification & signature documents such as local driver’s licenses would, sooner or later, permit fraud or forgery to occur. When the purpose of notarization is to prevent fraud & forgery, adequate identification involves over accepting a customer’s personal statement & signature exemplar.”

“The (Illinois) Court relied on the standards set forth in the Model Act with respect to what constitutes satisfactory evidence of identification, proper maintenance of a notary’s seal, & what constitutes consent of an employer to a notary employee’s misconduct,” writes Arthur F. Silbergeld, a partner in Proskauer Rose. “The Court reasoned that because the state statutes were silent on those issues, it was reasonable to look to industry standards to decide what is thought about reasonable conduct by a Notary.” The appellate court was impressed with the “expertise & representative breadth of the Act’s drafters,” comparing it to model acts & codes of conduct drafted by the American Bar Association & other professional organizations.

In other words, where the law fails to set a standard, the Model Notary Act should act as a guide — not for Notaries, but for their employers, the public officials who regulate them, & the courts that ultimately pick liability when a transaction goes wrong.

Those who supervise Notaries also should have some knowledge of what they can & cannot do, & should periodically check up on Notary employees to ensure they’re following the right procedures.

The Act offers a clear outline of what constitutes nice Notary training, which should be conducted by a knowledgeable professional & culminate in some sort of check that gauges the trainees’ understanding of what they have learned. Additionally, the Notary Code of Professional Responsibility provides a solid set of guidelines for ethical behavior by Notaries.

One fact that emerged during the Vancura case was that Albear’s supervisor had no knowledge or training, & lacked any guidelines to ensure Notary employees adhered to sound procedures. These include verifying the signer’s identity through a government-issued identification card that includes a photograph, signature & physical description of the bearer; storing the journal & seal in a secure place; making sure the journal is a bound book that can’t be altered by removing pages; & ensuring that the signer personally appears before the Notary.

Signing Service list for the Newbie Mobile Notary

As a newbie mobile notary one of the challenges you face is where to go to get work. Though there are many ways to get your business off the ground the best place to start is to get signed up as a vendor with as many signing services as possible.

When signing up with these vendors as a mobile notary, make sure you’re following all the company instructions and providing all the information that the signing service is requesting. Make copies of all the contracts that you sign as it will provide you with valuable information you will need when partnering with the service provider.

signing service will provide you with the opportunities you will need to gain valuable experience as a mobile notary professional, so it’s important that you get signed up with as many of these services as possible.

Take your time when signing up with these vendors, read through all the signing companies’ requirements and provide them with all the documentation that they are requesting this will help to insure that you are properly included into the signing services database.

Below is a list of signing services that you can get signed up with as amobile notary provider.

• ABC Loan Signings, 951-235-1009

• AL Signing Services, 616-784-1063

• All Business Solutions, 661-322-7174

• All State Signings, 870-642-2312

• Allstates Document Service, 949-858-5886

• American Mortgage Signing Service, 888-990-3470

• American Signing Connection, 770-205-5788

• American Title, 800-589-7329

• American Title Insurance, Wendy, 1-866-991-6900 xt 4207

• American United Closing, 239-768-0136

• American West Financial, 1-800-792-3863

• Americash, 800-483-6565

• AmeriComm, 866-306-3100

• Ameristar Information Network, 214-634-9270

• AMR Notary, 405-378-7999

• AMS Notary Signing Services, (949) 636-8510

• ASAP Pro Notary Services, 817-421-2171

• ASAP Signing Service, 916-729-2727

• At Home Signings Inc., 877-901-7950

• At Your Convenience Signings, 251-554-2227

• At Your Fingertips, 888-467-3339

• Atlantic Closing Services, 888-358-8170

• ATM Corporation of American, 877-472-5719

• ATS Document Services, 866-493-2599

• Bancserv, 800-721-5558

• BCN Solutions, (541) 726-3111

• BMK Signing, 231-275-6985

• Bridgespan Title, 888-485-2432

• California Notary Express, 951-789-9712

• CB Documentation, 888-422-3627

• CDS Signing Services, 1-800-222-7094

• Central Signing Service, 925-680-1073

• Central Valley Documentation, 888-376-9492

• CJ Signing Services, 678-924-0709

• Classic Signing Services of California, 559-322-9699

• Closersonthego, 321-206-6228

• Coast to Coast Signing Service, 714-685-0139

• Cochran Investment Company, Inc., (949) 759-1209

• Congressional Title Group, 856-520-1313

• Cypress Signatures, 877-285-2525

• DJ Services, 760-754-2650

• Doc Signers, 866-362-7446

• Docs2u, 714-552-2183

• DocPros, 877-304-7738

• Documentation, 888-422-3627

• Document Assistance Company, 800-896-2727

• Documents on the Run, 714-730-3496

• Executive Closing Services, 561-262-6200

• Express Financial, 412-922-7700

• Express Signers, Inc., 1-800-750-5950 xt 103

• First American Signature Services, 1-888-270-3630

• FloridasBestClosers, 813-286-8683

• Fox Signing Service, 1-877-266-6959

• Gold Coast Document Service, 1-888-816-4653

• Great Lakes Notary, 810-733-9481

• Guardian Loan Company of Massapequa, 800-400-1704

• Hawaii First Signature, 808-965-8444

• HDS Document Signing Services, 1-800-611-1771

• Heritage Closing Agency of KY, 859-854-0029

• I Mortgage Service, 888-575-8555

• Integrated Loan Services, 800-842-8423

• Integrity Notary and Loan Signing Services, 954-907-5829

• ITA Financial Document Services, 1-888-252-4354

• JMT Loan Docs, 1-800-610-3169

• Just Documents, 707-839-9700

• Leading Edge Mortgage Service, 888-740-9696

• Lender’s Services Inc., 800-756-3524

• Lender’s Signing Service, 1-800-745-3627

• Liberty Signing Services, 860-376-7779

• MBT Signatures, 626-919-1330

• Mobile Signing Service, 916-797-8800

• Mortgage Information Services, 402-496-2200

• MTR Services, 310-285-8200

• N3 – Nationwide Notary Network – 503-243-5610

• National Document Signing Services, 877-766-6884

• Nations Direct, 800-969-7779

• Nations Signature Closers, 913-383-8185

• Nationwide Document Service, 1-888-520-4601

• Nationwide Signature Services, 714-505-7646

• New Century Abstract, 732-892-6200

• NMD Notarial Services, 720-482-2809

• Norcoast Loan Documentation, 760-436-5474

• Northeast Abstract Title Agency, 1-800-338-1344

• Notary Delivery, 305-828-8304

• Notary Direct Nationwide Signing Service, 1-888-228-7705

• OPCS Inc., 614-866-3623

• Opportunity Knocking, LLC, 719-591-6190

• Pacific Document Services, Inc., 877-722-3627

• Pinnacle Real Estate Services, 949-955-2447

• PMC Executive Signing Agency Inc., 941-316-0118

• Precision Closing Services, Inc., 877-934-7800

• Premier Consulting Services, Inc., 727-859-9825

• Premier Lender Services, 949-585-1973

• Professional Loan Signing Services, 888-689-2383

• Professional Notaries of California, 949-623-8274

• Professional Settlement Services, 888-491-1118

• Property and Appraisal, 800-837-6488

• QUICKdocs, 877–933-6362

• Radian Express, 877-270-1003

• ReliaClose, 614-866-3623

• Residential Signatures, 1-800-625-8810

• Right Now Notaries, 866-714-0266

• Scriba, 336-294-9499

• Secured Signatures, 866-547-2347

• Select Signing Services, 949-305-7510

• Service Provider PLUS+, 888-545-7587

• Shannon’s Document Services, 559-692-2015

• Signature Service, 1-888-697-4463

• Sign M Up Mobile Signing Service, 714-960-3907

• Sign On Services, 800-809-3627

• Signature Service, 888-697-4463

• Signatures on the Move, 336-510-0832

• Signed and Sealed, Inc., 727-372-0574

• Signing Carolina, 336-420-3484

• Statewide Document Services, 888-288-0572

• Statewide Documentation, 800-297-4545

• Sunrise Side Process Service, 989-739-1645

• Superior Notary, 888-660-1778

• Surf City Mobile Notary, 714-840-0567

• Take Care of Business, 805-450-4500

• TDS Document Services, 816-516-3455

• The Closing Agency Texas, 832-715-1699

• The King’s Notary Service, 561-585-8563

• The Mobile Notary Services, 856-662-0095

• TL Signing Service, 707-746-0345

• Trans State Closers, 727-738-5001

• Traveling Professional Notaries, 562-434-5627

• Tri-State Mobile Notaries, 513-931-7448

• Twin Cities Mobile Notary, 949-940-0000

• UFSS Notary Network, 570-842-1500

• United Signing Services, 619-271-3700

• US Property and Appraisal, 1-800-837-6488

Mobile Notary Services: When and Why To Use Them.

There comes a time in a person’s life that they will need a Notary Public.Whether it’s expected as in the cases where loan documents, contracts, or legal documents need to be signed or unexpectedly when a loved one is ill or is hospitalized and there is a need for a power of attorney or medical directive document to be signed in the presence of a Notary Public.Perhaps your car has been impounded and you need to have a vehicle release authorization notarized.

In some cases you can simply head downtown to your local mail store or bank, meet with a Notary Public, have your document notarized and then be on your way. However there are times when taking a trip downtown is either unrealistic or it’s just not convenient. This is when the services of aMobile Notary can help you.

 

Below are a few examples of when to use the services of a mobile notary public.

1You and your spouse need to sign a trust document and have it notarized, however you both work late and are unable to get to your local notary during the day at the same time. On top of that it’s much more convenient for the two of you to sign the paper work while you’re at home together. This is a great time to use the services of a mobile notary public as most notaries are available to meet with you at your convenience, day or night.

2You own or work for a company that regularly or occasionally needs to have documents or contracts notarized, such as equipment leases, vehicle delivery forms, or legal documents for lawsuits or probate matters. When using the services of a mobile notary in these situations, you not only speed up the process of having your documents notarized by setting the time table for when your client will meet with the notary, you also show that you go the extra mile by providing a value added time saving service.

3There are those times when it becomes physically impossible for someone to go and meet with a notary public, such as when loved ones fall unexpectedly ill, are in a nursing home, or are in a tragic accident. In these situations documents may need to be signed and notarized at a moment’s notice, and using the services of a mobile notary can make a critical difference. A mobile notary public is able to travel to hospitals, nursing homes, and just about any other location they are needed and there services are available at a moments notice.

Knowing when and why you need a notary public will help you to determine if using the services of a mobile notary is the right decision for you, your business and your clients. Remember that most notaries will charge additional travel fees for their services so it’s important to keep this in mind when choosing to use the services of a mobile notary public.

What Is a Notary Public?

Notary Public: The Short Answer

notary public is a certified official that is capable of acting as a reliable, impartial witness for the signing of important documents. A notary public is also able to administer oaths and may have other official capacities depending on the jurisdiction.

In the United States, most notary publics charge a nominal fee for their services.Notary publics dispense their official duties by marking documents with their signatures and a distinctive embossed stamp or inked seal. A document which has been witnessed by a notary public has been notarized.

Notary Public: Benefits

The benefits of using a notary public are simple. By certifying the veracity of the signing parties, the notary provides an inexpensive way for organizations and individuals to enter into contracts and conduct business with a reasonable assurance that the notarized documents will be recognized in court.

Using a notary public is a way to protect against fraud, as the notary is responsible for requiring the signer of a legal document to establish his or her identity. Although this is not conclusive proof of identity, it provides reasonable evidence of identity so that every day business can be conducted. A notary also acts as a disinterested third party for parties entering into a legally binding agreement.

Notary Public: More Info, Please

HISTORY

The concept of a notary is as old as the Western concept of civil law, which has its beginnings in the courts of Rome. As the Roman legal system became more codified, the law courts became more and more reliant on the use of scribes for maintaining the court records. These scribes developed a system of legal shorthand, called notae. In time, a legal scribe earned the name notarius.

The name has been handed down through the centuries, living on past the fall of theRoman Empire. During the Middle Ages, the role of the notary public was often taken by the clergy, who were charged with recording private and public transactions, as well as drawing up official documents.

ROLE

Today, a notary public’s duties are somewhat different than the duties of a notarius. In the United States, a notary public has been authorized by a specific body, usually a state government, to perform the services of a notary. These duties are usually confined to the witnessing of documents and the administration of oaths. Some states also allow notary publics to certify copies of official documents

Two of the most common documents that a notary public will witness have to do with the sale or transfer of real property and the granting of power of attorney. A few examples of the documents that a notary public can officially witness include the following:

•Acknowledgements

•Affidavits

•Jurats

•Oaths

•Formal protests

Some states give notary publics significantly more duties. For example notary publics in Louisiana are able to perform most of the duties that a lawyer can provide with the exception of representing another person before a court. Three states–Florida, Maine and South Carolina–allow notary publics to solemnize a marriage ceremony.

Some states will require the notary public to maintain a record of official acts. Although keeping a journal of official acts performed is not mandated by all states, many professional notary organizations recommend that all notaries keep records of their actions.

SIDEBAR: Legal Language

Ever wonder why legal documents are about as clear as mud?

The wording of legal document has to abide by certain customs and restrictions in order to have any binding effect in a court of law. This wording is called acceptable language.

SIDEBAR: Documents and Definitions

Know your jurat from your acknowledgement? Here are the definitions of some of the common documents handled by a notary public.

Acknowledgement: A legal declaration of an act.

Affidavit: A sworn statement of fact

Jurat: A part of an affidavit containing the oath or affirmation.

Becoming a Notary Public

In the United States, each state is responsible for commissioning notary publics to practice within its jurisdiction. In general, the requirements for becoming a notary public are relatively easy to meet. In most states, an applicant must be at least 18 years of age. Most states charge a small fee as part of the application process. Some states require satisfactory performance on an exam before commissioning the notary officer. In some states, the notary is required to hold a bond as insurance in case of a lawsuit leveled against the notary public.

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