Notarial Practice cheat sheet

A notary public is a public officer commissioned by the state to serve the public as an impartial witness, typically for a fixed term set by statute.

A notary's authority is territorial: acts performed outside the commissioning state's jurisdiction are generally void or unenforceable, even if the notary is still commissioned elsewhere.

Most states require applicants to be at least 18, reside or work in the state, pass an exam, and submit to a criminal background check.

A surety bond is usually required; the bond protects the public from notary misconduct but does not insure the notary against personal liability.

A commission is personal and non-transferable; a notary may not delegate notarial powers to an employee, agent, or family member.

A separate commission is required for each state; a notary commissioned in one state cannot lawfully notarize under that commission in another state.

Commission renewal typically requires an application before expiration; a lapsed commission means the person may no longer perform notarial acts until recommissioned.

A notary's official seal or stamp must be kept secure and used only for lawful notarial acts; unauthorized use is grounds for discipline.

Regulation and discipline are administered by the commissioning authority (often the secretary of state), which may suspend, revoke, or refuse renewal.

A notary may perform notarial acts only within the geographic boundaries of the commissioning state unless the state has adopted a specific statute extending authority.

Venue in the certificate typically identifies the state and county where the notarial act is performed, not the county where the signer lives.

A notary may not notarize a document in which the notary has a direct beneficial interest, such as being a party, grantee, or beneficiary.

A notary may not notarize the signature of a spouse, parent, child, or other close relative where the notary would receive a direct benefit from the transaction.

A notary who is also an attorney or employee may notarize for clients or coworkers but must disclose any conflict and avoid self-dealing.

A notary may not certify a copy of a document if the notary is the custodian of the original and the copy would benefit the notary personally.

If a conflict exists, the proper course is to decline the act and refer the signer to an unconflicted notary; an improper act may be voidable.

A notary may not act as both the notary and a witness to the same signature where the statute requires an independent witness.

The signer must appear personally before the notary; appearance by video, phone, or proxy is not sufficient unless the state has adopted remote online notarization rules.

Satisfactory evidence of identity may be based on a government-issued photo ID, a credible identifying witness personally known to the notary, or other statutorily approved methods.

The notary must compare the photo and physical description on the ID to the person appearing and check the ID's expiration and tamper indicators.

A credible identifying witness must personally know the signer and must not be named in the document or have a beneficial interest in it.

The notary must assess capacity: the signer should appear alert, oriented, and able to understand the nature and effect of the document.

If the notary doubts capacity, the notary should decline to proceed, document the refusal, and suggest the signer seek legal or medical guidance.

A signer who cannot sign may use a mark or a designated proxy only where the governing statute expressly permits that method.

The notary must confirm the signer's identity, willingness, and voluntary signature; a signature obtained under duress or undue influence should not be notarized.

The notary should record the type of ID used and any identifying witness in the notarial record or journal.

A notarial certificate is the notary's written statement of the act performed; it must be attached to or logically associated with the document.

The certificate must state the act performed, the date, the venue (state and county), and identify the signer and the notary.

An acknowledgment certifies that the signer personally appeared, was identified, and acknowledged executing the document voluntarily.

A jurat certifies that the signer personally appeared, was identified, signed in the notary's presence, and swore or affirmed to the truth of the contents.

A certified copy certifies that the copy is a true and correct reproduction of an original document examined by the notary.

A signature witnessing certificate certifies that the signer appeared and signed in the notary's presence, without an oath.

The certificate should not be altered after completion; errors should be corrected by a new certificate or a dated correction initialed by the notary.

The notary should not draft legal documents or select the certificate type for the signer; the signer or the signer's attorney chooses the appropriate act.

A complete certificate must be signed and sealed by the notary; an unsigned or unsealed certificate is generally defective.

An acknowledgment does not require the signer to sign in the notary's presence; the signer must appear and acknowledge the signature as voluntary.

A jurat requires the signer to sign in the notary's presence and to take an oath or affirmation before the notary.

The acknowledgment certificate typically uses language such as 'acknowledged to me' and identifies the signer's capacity (individual, agent, officer).

The jurat certificate typically uses language such as 'subscribed and sworn to before me' and includes the date of the oath.

The notary must administer the oath or affirmation orally in a jurat; silently signing the jurat without an oath is improper.

For an acknowledgment, the notary should ask the signer whether the signature is theirs and whether it was executed voluntarily.

A jurat cannot be completed for a signer who refuses to take an oath or affirmation; the notary should decline and document the refusal.

The venue statement, date, signer identification, and notary signature and seal must appear on both acknowledgment and jurat certificates.

A notary may not change an acknowledgment into a jurat or vice versa without the signer's request and a new certificate.

An oath is a solemn promise invoking a Supreme Being as witness; an affirmation is a solemn promise without religious reference, and both carry the same legal effect.

The notary must administer the oath or affirmation in a form the affiant understands and must confirm the affiant's understanding before proceeding.

An affidavit is a written statement of facts sworn to or affirmed by the affiant before a notary or other authorized officer.

The notary's role in an affidavit is limited to administering the oath and completing the jurat; the notary does not verify the truth of the statements.

The affiant must sign the affidavit in the notary's presence when a jurat is used, and the notary must identify the affiant.

A notary may not administer an oath to themselves or to a person whose statement the notary has a direct interest in.

The notary should not draft the affidavit's substantive content or advise the affiant on legal rights; that is the practice of law.

An oath or affirmation may be administered for a deposition, verification, or other proceeding only where the notary is authorized to do so.

The certificate for an affidavit is the jurat, which must state that the affiant swore or affirmed to the truth of the contents.

Many states require a notary to maintain a chronological journal of notarial acts, recording the date, time, type of act, and document description.

The journal entry should identify the signer, the type of identification presented, and the signature of the signer where required.

The notary's journal is generally confidential and may be inspected only by authorized persons, such as the commissioning authority or a court order.

The notary must retain the journal for the period set by statute, often several years after the commission ends, and surrender it to the state on request.

The notary should record the fee charged for each act if the state requires fee disclosure in the journal.

The notary's seal or stamp should be stored securely and its use recorded; lost or stolen seals must be reported to the commissioning authority.

Records should not be altered after the fact; corrections should be noted with a dated explanation rather than erased or overwritten.

Electronic notarial records must be maintained in a tamper-evident format where the state authorizes electronic notarization.

The notary should never record sensitive personal information beyond what the statute requires, such as full ID numbers where not mandated.

A notary may not perform a notarial act for a document the notary knows to be fraudulent, forged, or executed under duress.

A notary may not charge more than the statutory maximum fee for a notarial act; excessive fees are grounds for discipline.

A notary may not use the title or seal to advertise legal, immigration, or financial services the notary is not licensed to provide.

A notary may not give legal advice, draft legal documents, or select documents for a signer; doing so may constitute unauthorized practice of law.

A notary may be civilly liable for damages caused by a negligent or improper notarial act, and may face criminal penalties for fraud or forgery.

A notary's surety bond provides a limited remedy to injured parties but does not shield the notary from personal liability.

A notary must not notarize a signature without the signer's personal appearance, even if the signer is known to the notary.

A notary may not discriminate in providing notarial services on the basis of race, religion, national origin, disability, or other protected characteristics.

A notary who becomes aware of a prohibited act should decline, document the refusal, and report suspected fraud to the appropriate authority.