Commission Expired on Friday
A notary’s four-year commission expired on Saturday, March 1. Her renewal application was mailed February 20, but the Secretary of State has not yet issued the new commission. On Monday, March 3, a client brings a durable power of attorney for his mother, who is hospitalized and needs it for a Medicaid application. The client asks the notary to notarize it immediately. The notary still has her old seal, which shows the March 1 expiration date, and her old commission number. The client says the hospital will not wait and asks the notary to date the certificate February 28 so it looks timely. The notary has not received any confirmation that the renewal was approved.
1. May the notary perform the notarial act on March 3?
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No. A notary’s authority begins with the commission and ends on the expiration date unless a new commission has been issued. Mailing a renewal application does not extend the old commission. On March 3 the notary’s commission had expired, so any notarial act would be unauthorized. The certificate would be defective, and the notary could face liability and penalties for acting without authority. The old seal should not be used to make the document look valid.
2. May the notary backdate the certificate to February 28 or March 1?
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No. The certificate date must be the date the notarial act is actually performed. Backdating to February 28 would be false, and dating it March 1 would still be improper if the act occurs March 3. A notary cannot notarize on a date when the notary was not commissioned. Urgency and the client’s Medicaid deadline do not justify a false certificate. Backdating is an ethics violation and can invalidate the power of attorney.
3. What practical steps should the notary take?
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The notary should check her status with the Secretary of State, wait for the new commission, and refer the client immediately to another commissioned notary. A hospital, attorney, or mobile notary may be able to act that day. The notary should not pre-sign, postdate, lend her seal, or let someone else use her commission number. Once the new commission is issued, she may act using the new commission number and expiration date, with the actual date of the act. She should keep the old seal secured and not use it.