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Notary Exam Preparation Booklet prepared by Secretary of State
Notary Seminar Power Point Presentation
What is a Notary Public?
The notary being an impartial witness and having no conflict of
interest must ask themselves these important questions before notarizing
any document:
If the answer to both of these questions is no, the notary is an
impartial witness and can notarize the document.
What Does the Act of Notarization Accomplish?
Notary Responsibilities
A notary’s primary
responsibility is to take necessary steps to verify a signer’s identity before
notarizing a signature. A notary public may not notarize a signature unless the
notary personally knows, or has satisfactory evidence, that the person whose
signature is to be notarized is the individual who is described in and who is
executing the instrument. There are three ways to verify a signer’s identity:
Personal Knowledge
is the safest and best verification of a person’s identity. It requires no
witnesses or identification cards. It means having an acquaintance, derived from
association with the individual, which establishes the individual’s identity
with at least a reasonable certainty.
Credible Witness
is a third person that personally knows the document signer, and verifies the
signer’s identity. (Credible witness is for the purpose of identifying people
who do not have identification. This does not replace the "presence"
requirement. The person whose signature is being notarized must be present at
the time of notarization.)
Identification card or papers
are necessary in verifying the signer's identity. The notary should examine the
photograph, accurate physical description, and signature of the bearer. Asking
for two forms of ID can further assure the signer’s identity.
If a notary
is uncomfortable or suspicious of any identification, the notary should not
notarize for that person.
Acknowledgements
Acknowledgments are the simple
authentication of a signature. They prove or acknowledge that the signer
personally appeared and was identified before the notary public.
To make an
acknowledgment, the document signer must personally appear before the notary
public, and declare that he/she has executed and signed the document
voluntarily. The notary should ensure that the signer understands the document
and has not been coerced into signing. If there is any question about the
signer’s willingness to execute the document or his/her understanding of the
terms of the document, a notary should refuse to notarize.
The notary may
want to ask the signer:
"Do you
acknowledge that this is your signature and that you are executing this document
of your own free will?"
If yes, the
notary should complete a certificate that states the signer acknowledged the
document.
Jurats
Jurats are the
authentication of a signature made under oath or affirmation to the notary by
the signer of a document.
An oath or
affirmation is administered to a document signer by the notary when the
signer is required to make a sworn statement about certain facts in the document
or in their testimony.
The signer
personally appears before (in front of) the notary to swear (or affirm) to
the notary, an officer duly appointed to administer oaths, that the information
contained in the document or their testimony is true.
A person who
makes a false oath or affirmation is subject to criminal charges for perjury
under NY state laws.
A notarization
requiring an oath should begin with the administration of an oath or affirmation
to the signer by the notary.
The notary may
want to ask the signer:
"Do you
swear (or affirm) that the information contained in this document is true and
correct to the best of your knowledge?"
After receiving
an affirmative (positive) answer, the notary must complete a jurat notarial
wording certificate indicating that an oath or affirmation was given.
Questions
Commonly Asked by Notaries
Q. Can a notary
perform a notarial act outside of the state they are commissioned in?
A. No. A notary is usually appointed for the state they apply to
only. They may perform notarial acts anywhere within the state, but at no time
can they perform such acts outside of the state.
Q. Does
notarization mean that the document is “true” or “legal”?
A. No, notaries
are not responsible for the accuracy or legality of documents they notarize.
Notaries verify the identity of signers. The signers are responsible for the
content of their documents.
Q. Can a notary acknowledge his own signature?
A. Absolutely
not. It is impossible for a notary to be a witness to his own act. It is
strictly prohibited by law in most states.
Q. Can a notary who is not an attorney assist in the completion of legal forms?
A. No. The
notary must always remain impartial and should not assist a client in the
completion of any forms. If the form is a legal instrument, the notary's
assistance could be determined to be unauthorized practice of the law.
Q. When is it
proper to refuse to perform a notarial act?
A. As a public official, a notary cannot unreasonably refuse to
perform a notarial act for anyone who provides the statutory fee and meets all
other requirements prescribed by statute. However, if the notary seriously
questions the identity or competence of the signer, or if the instrument in
question is blank, contains a false statement, or is intended to deceive or
defraud, the notary may and should refuse to perform the notarial act.
Q. How
important is a notary journal?
A. Very important. It is a record of the notary's acts and can be
used to demonstrate that a notarial act was properly performed.
Q. What does
the ss., in the venue of a notarial certificate mean?
A. The ss., is
an abbreviation of the Latin word “scilicet,” meaning “namely,” or more
particularly the exact location or the designated particular place within a city
and/or county where the official notarial act was performed
The Notary Journal
A notary public
is not required by law to maintain a notary journal. However, a notary journal
does protect the notary and document signer from accusations of wrong doing and
it prevents the notary from engaging in wrong doing.
The journal documents that the
notary took reasonable steps to verify the signer’s identity. Every journal
entry is legally presumed to be truthful and it constitutes the notary’s
personal knowledge of the notarization performed.
If a notarized document is lost
or altered, or if certain facts about the transaction are later challenged, the
journal becomes valuable evidence that can both protect the rights of property
owners and help notaries defend themselves against false accusations.
A notarization is effective,
valid, and binding on the notary as long as the document it appears on remains
effective and valid. Therefore, if a notary keeps a journal, it becomes a
permanent detailed record of all the notarizations performed.
If a notary decides to use a
journal, the notary should use one that is permanently bound with pre-numbered
empty spaces. Included in the journal should be:
The journal should be completed before notarizing each document. A
new entry should be made in the notary journal for every notary service
provided.