There seems to be a loophole for notaries that doesn’t have anything addressing the situation. I noted a recent customer who summoned my $50 mobile notary public services for one document.
After arrival, I saw the document and asked the customer if the provider requested it be notarized since there was no indication of it. The customer responded no and that he just wanted to make sure it would go through successfully. In other words, the customer made a decision he needed the notarization based on his anxiety.
I since refunded my customer’s payment and added a new policy not to notarize unnecessary documents based on a person’s anxiety. If they really insist anyway I will ask them to sign a disclosure they were informed the document didn’t require a notarization he still requested. I think this loophole should be resolved by becoming law.
My draft idea:
I affirm the Notary Public, ************, I summoned for services at my residence on (date), made sure I clearly understood the document titled ______, I confirmed, did not require notarization.
Thus my request to still notarize the document has no corroboration on the notary’s part I take full responsibility of herein.
If you’re not a lawyer or other qualified professional, you don’t have the authority to tell people their document doesn’t need notarization.
As an example of other qualified professional, suppose my neighbor had a notice that their status as a registered voter had been challenged, and they were given a form to fill out if they still lived in our town. The neighbor has a mistaken idea that the form has to be notarized. As a non-lawyer notary, I couldn’t tell them that. But since I’m an election official, I could tell them.
Welllll….Ours is not to question why; Ours is but to let the ink dry. You told him it didn’t need notarization; he still wanted it. I relate this to Health Care POA’s in my state: they can either be witnessed by 2 disinterested parties or notarized. For reasons I don’t know, many prefer a notarization; some even want both. Regardless, it’s accepted. Not my call.
I’m trying to stay out of this stuff these days. In this case, I’ll just say this: if someone wants a document notarized, who’s to say whether it should be notarized or not be notarized? Is there some notarization “official” I don’t know about? Who makes that decision, anyway?
There’s this, however:
In California (where I have my practice), a notary cannot notarize all documents, as they are prohibited from notarizing documents they are not authorized to, such as certain legal documents like birth certificates or copies of identification. California law also prohibits notarizing documents where the signer is a direct family member, and notaries cannot notarize their own signature. A notary’s role is to verify the identity of the signer and witness their signature, not to provide legal advice or authenticate the contents of a document.
With that being said, why would a notary NOT notarize a document [other than those mentioned] that someone asks to be notarized? What would be the deciding factor? Just follow your state’s laws, use the certificate chosen by the signer, complete it properly and collect your fee.
Why not just do it and note that fact in your journal?
How is this considered a loophole? Not sure I understand.
Loophole: noun
a means of escape or evasion; a means or opportunity of evading a rule, law, etc..
There are a number of loopholes in the tax laws whereby corporations can save money.
a small or narrow opening, as in a wall, for looking through, for admitting light and air, or, particularly in a fortification, for the discharge of missiles against an enemy outside.
I agree with the majority here, it’s not our decision to dictate if a document requires notarization or not. What is your state’s law for the process of when there is no notarial language on a document? I have a document that outlines the notarial acts so that way the signer can make a decision on their own. Then I will attach a certificate with the determined notarial statement and perform the ceremony associated with it.
It’s not up to the notary to determine if a signature on a document needs to be notarized. The signer just needs to meet ID requirements. For example, if my neighbor’s 17-year-old granddaughter wants a “Dear John” letter notarized and she has the proper ID and she selects whether she wants an Acknowledgment or a Jurat, let’s do it!
Loan signer mentality getting in the way of common sense again? Why do I/we carry loose acknowledgments and Jurats in our briefcases? We are not limited to only notarizing those documents with embedded notarial certificates. We are public notaries. We serve the public, and if the public wants something notarized, they get it notarized for a small fee. No judgment. I’ll notarize a business card as long as somebody signs it and I can staple my acknowledgment to it.
As everyone has indicated, it’s not our call what should or should not be notarized. And creating a disclaimer is also practicing law without a license. There is no loophole.
@CherylM , It appears you have a kind and compassionate nature, and your motives are admirable. However, I would like to offer some advice to help you avoid potential legal issues in the future. Please refrain from directly asking the customer if the document provider requested the notarization, especially when there are no clear indications that it’s required. Instead, you could tactfully inquire about the specific type of notarization needed. For example, you could say, “I don’t see any specific notarial verbiage on the document. Could you clarify if you require a jurat or an acknowledgment?” If the customer is unsure, a helpful approach would be to suggest they reach out to the party who initially requested the document for clarification. Alternatively, you could recommend that the customer consult with an attorney to get professional legal guidance on the matter. This approach protects you and ensures you are not providing legal advice outside of your scope of practice. Not saying my way is right and my “two cents” in today’s world, will not buy a cup of coffee….
Hi Bobby! Once upon a time I was a Notary in CA and then I relocated to WA State 20 years ago. When I was in CA worked for heavy duty construction company. During a stormy weather incident 2 VPs from different companies worked together to create emergency contract agreement which was written on paper bag in the field. My boss arranged for my transportation to their location in a Peterbuilt truck. Using a Notary attached document stamped onsite and emergency work continued. Unusual process but held up in court later when their was an issue.
If someone wants something notarized I always notarize for them, no questions asked, who am I to tell them they can’t. I’m not an attorney. Worst case it doesn’t need to be, but they took that extra measure just in case. If it doesn’t specify I ask them “Acknowledgment or Jurat” and proceed with their request.. That’s just me though…
This has already been addressed. It’s called the unauthorized practice of law. You cannot make that determination for them. If the customer wants it notarized, notarize it.
