Notary No-Nos Part 3
Serving as one of the approximately 4.4 million notaries nationwide requires individuals to discharge important responsibilities that are critical to avoid rejected documents, or worse yet, disciplinary action against the notary. This is the third in a series of articles designed to remind notaries of common mistakes and how to avoid them.
Don’t leave out required information on the notary certificate. Notaries must fill in the state and county where the notary witnessed the signing, the date of the notary’s act, and the name of the signer. Also, notaries should not forget to add their signature and their stamp or seal to the notary certificate.
Don’t forget to include required information about the notary. Most notary stamps include all the information required to be included about the notary, including the notary’s printed name, county and state of residence, date of notary expiration, seal and a notary number (if required by the State). If the notary stamp does not contain that information, the notary will need to make sure that this information is filled in on the notary certificate. Failure to include these elements can cause a document to be rejected.
Don’t select the notary certificate. Most documents include the requested form of the notary certificate. However, if the document does not contain a notary certificate, and notarization is requested, the notary cannot choose which form of notary certificate to use. Choosing a notary certificate is the practice of law. Of course, if the notary is also an attorney licensed in the state, then this isn’t an issue. However, for non-attorney notaries, advising a signer on the proper form of notary certificate is considered giving legal advice.
Careless mistakes can result in serious consequences. Watch for future articles on this topic for information on avoiding additional common pitfalls.