NOTARIES PUBLIC IN THE USA

Information taken from the American Society of Notaries website

http://www.asnnotary.org/

How to Become a Notary - Frequently Asked Questions

1. Applying for a notary commission
Although each state commissions its own notaries public, there are similarities in the
application process. Following are answers to questions of a general nature. These questions
and answers are meant to provide basic information to the person who might be considering
applying for a notary commission in his or her state. Visit the How to Apply section of our
site for state-specific information. You may also check with your state notary public
administrator for specific answers.

2. Who appoints notaries?

Authority to commission notaries usually falls to the Governor of the state, the Lieutenant
Governor or the Secretary of State. There are a few exceptions: in New Jersey the State
Treasurer appoints notaries, for example.

3. How old must I be?

The great majority of states require that a prospective notary public be at least eighteen
years of age.

4. Is there a residence requirement?

All states will give notary commissions to applicants who reside in that state. Some states
allow a notary to live in an adjoining state and have a physical business address in the state
in which the applicant is intending to become a notary for business purposes.

5. Can I have a criminal record and still become a notary?

Most states will allow an applicant to become a notary with minor crimes in his or her past
that do not have to do with fraud or dishonesty. Many of these states will allow the applicant
to have a record of more serious crimes as long as the person has had his or her civil rights
restored. A few states do not allow anyone with a felony on his or her record to become a
notary.

6. What are my civil rights? How can I have my civil rights restored?
Most people think of the right to vote when they think of restoration of civil rights. Your civil
rights can also include serving on a jury, signing initiatives, running for office and serving as a
state officer by becoming a notary public. Check with the appropriate agency in your state to
find out which civil rights are restored.

Your state may restore your civil rights automatically upon completion of your sentence and/or
probation. The Department of Corrections should notify the court, and a certificate of restored
rights is issued. Other states require a person to apply for the restoration of civil rights to the
state agency charged with restoring civil rights.

7. What if I have had a notary commission or other license revoked in the past?
Such an occurrence could cause your application to be denied in a few states. In some other
states this would be a negative factor when your application is being considered.
8. Should I leave a negative event off my application if it is doubtful that it will be
discovered by the appointing authority?
Put everything on the application. It is more likely that a material omission on your
application will cause your application to be rejected than a minor infraction of the law that
took place twenty years ago.

9. Do I have to be a United States Citizen to become a notary?

The United States Supreme Court, in the case of Bernal v Fainter, decided in 1984, that a
notary applicant does not have to be a United States citizen. The resident alien notary
applicant must be in the country legally, however.

10. Declaration of Domicilewhat is it and how do I file one?

If you are not a citizen of the United States, your state may want you to file a Declaration of
Domicile stating that you are a resident of the state in which you are applying to become a
notary public. Your county courthouse should be able to provide you with this form and accept
it when it is filled out. Check with the notary public office in your state to see what you need
to do as a resident alien.

11. Do I have to take a notary education course to become a notary?

Notary education requirements vary by state. Check with your states notary web site or
contact your states notary public administrator for your states specific education
requirements, or just visit the Notary Information by State section of our web site.

12. Do I have to take a test to become a notary?

There are states that require a test without requiring notary education (Connecticut, District of
Columbia, Hawaii, Louisiana, Maine, Nebraska, New York, and Utah). There are also states that
require both notary education and a test (California, Colorado, North Carolina, and Oregon). As
stated above, some states require neither a test nor notary education.

13. Do I have to do anything at the County Clerks Office?

In some states the county clerks office or a circuit judge will begin the application process. In
other states the notary goes to the county clerks office to be sworn in and the county where
the notary was sworn in (usually the county of residence for the notary, although it could be
the county of the notarys employment if the notary works in that state but lives in an
adjoining state) appears on the notarys commission stamp. In a number of states the entire
application process takes place at the state level and the county where the notary lives or
works is not involved.

14. What is a bond? Do I have to be bonded?

Many states require notary applicants to obtain a bond before becoming
commissioned. People who work in businesses where security is an issue or in which there
could be a monetary loss are bonded. Someone who sprays private homes for insects, for
example, may have a house key for entry when no one is home. He is bonded to protect the
homeowner against loss in case an unscrupulous employee uses this access to steal
something.

Notaries are bonded so that a client who suffered a loss because of an improper notarization
can be financially reimbursed. The bond does not protect the notary. Bond limits can run from
$500 to $15,000 among the states that require a notary bond, but the actual purchase price is
very reasonable.
15. What is Errors and Omissions Insurance?
Errors and Omissions Insurance (E&O) is an insurance policy that protects the notary. Usual
amounts for E&O coverage are $10,000 or $25,000. If the notary works around documents
where the possible loss to an individual can be more than $25,000, he or she should consider
an amount of E&O insurance closer to the value stated in the documents (notary signing
agents or witness-only loan closers). This type of insurance is also reasonably priced.

16. Are there fees involved with becoming a notary?

The appointing authority will charge a fee for processing the application and printing the
notary commission certificate. This fee varies widely among commissioning jurisdictions. If the
applicant is applying in a state that requires a notary bond, there may be an additional cost
for filing the bond. Some states require applicants to take an oath of office at their local
county clerk's office, which may also require a fee.

17. My boss is in a hurry for me to become a notary. Is expedited service available?

Some states have expedited service. The applicant would have to physically bring the
application and any fees to the notary public administrators office. There will be an additional
fee for expedited service.

18. Will I need a notary seal?

Most notaries will need an official seal: either an ink stamp or metal embosser, depending on
their jurisdiction's specific requirements. Ink stamps can cost $13 to $20. Embossers are more
expensive. The heavier desktop embosser costs around $50, and the hand-held embosser that
can be carried with the notary costs around $30. Actually, some states do not require that a
notary use an official seal. Notaries in those states do so as a convenient way to put their
notary information on the notarial certificate.

19. My employer paid for my commission. Do I have to leave my stamp,

commission certificate and recordbook if I take another job?
Regardless who paid for the commission, the commission certificate, stamp and recordbook
belong to the notary. If you leave your place of employment you must take these things
with you.

20. My spouse and I are partners in a business. Can I notarize his signature on
business-related documents?
Some states have detailed laws prohibiting a notary from performing a notarial act for
relatives, including a spouse. Other states do not mention notarizing for family. No matter
your states laws, ASN strongly recommends you not notarize for immediate family
members. The notary has to be impartial. Notarizing the signature of a spouse for a business
that brings money into the household impairs the notarys impartiality.

21. I just opened my own business and would like to offer my clients notary
service. Can I perform notarizations as part of my own business?
Yes, you can. Your impartiality has to do with the person you are notarizing for and the
transaction involved. You would be able to be impartial.

22. I own homes in two states that are some distance apart. Can I be a notary in
both states?
Both states would want you to declare residency in that state. You are a resident of the state
that you write on your federal income tax form. You can be a notary in that state and not the
other one. You could be an exception to this rule if you have a business address in the other
state and that state allows people to become a notary for business purposes. Carefully check
that rule before applying in the second state.

Information taken from http://www.nationalnotary.org/

Notary History

Around the globe today, there are three major, distinctly different notarial systems, each
associated with a different kind of Notary: the Civil Law Notary system of the Latin
nations, the Common Law Notary system of the English-speaking nations, and the Notary
system of the United States, which is derived from the English Common Law system but
quite different. The following selective historical accounts provide illuminating
background information on the evolution of the three modern systems of notarization.

Ancient Egypt: Old Kingdom: 2750-2250 B.C.

Ancient Egyptian sesh, or scribes, were established in the Old Kingdom and were the
earliest known chroniclers of official communications in recorded history. The tools of
their craft were pigments, water pots and writing implements, which they often carried
over their shoulders. Scribes made up an entire level of ancient bureaucracy and were
the only citizens who were aware of almost every noteworthy event in the empire.
Personal letters, diplomatic communications, wills and other legal documents, official
proclamations, tax records, administrative, economic, and religious documents, and other
documents all went through their hands. The closing phrase of their ancient letters, May
you be well when you hear this, implies that the scribes not only wrote but also read
communications between two people. The recording of events was so highly valued that
Pharaoh Tutankhamen even included writing equipment among the necessities he had
with him for the afterlife. Today, there are preserved copies of the efforts of some scribal
apprentices whose works have been corrected in red by their masters.

Roman Empire, Corpus Juris Civilis of Emperor Justinian: A.D. 535

The true ancestors of Notaries were born in the Roman Empire. Many regard historys
first Notary to be a Roman slave named Tiro, who developed a shorthand system which
he called notae for taking down the speeches of famed orator Cicero. Other witnessing
stenographers came to be known as notarii and scribae. Their historical development was
shaped by Roman Private Law which, in AD 535, culminated in the Corpus Juris Civilis of
Emperor Justinian. Part of his new law was novella 44, the first Notaries Act. Six hundred
years later, the glossarists of the law school of Bologna rediscovered the novels of
Justinian, and adapted them for the use of a new class of medieval legal officers: the
international Notaries. As literacy was not widespread, the Notary, or Notarius as they
were called, served to prepare contracts, wills, and other important documents for a fee.
As the Roman Empire grew and literacy increased, demand for the Notary also
increased. Soon, Notaries were being used in the empire provinces of what are now
England, France, and Spain.

Order of the Knights Templar: 1099-1307

The Poor Fellow Soldiers of Christ and the Temple of Solomon, more commonly known as
the Knights Templar, were a monastic military order formed at the end of the First
Crusade with the mandate of protecting Christian pilgrims on route to the Holy Land.
From humble beginnings of poverty when the order relied on alms from the traveling
pilgrims, the Order would go on to have the backing of the Holy See and the collective
European monarchies. Within two centuries they had become powerful enough to defy all
but the Papal throne, and created the modern system of banking, mortgages and loans.
The Clergy of the Order were highly educated and became the critically important
Notaries for all Templar business, official documents, orders and proclamations. The
Templars had grown rich and powerful, and amid unsubstantiated rumors of heretical
practices, King Philip the Fair of France saw an opportunity to fill his own coffers at their
expense. He had all the Templars in France arrested and pressured Pope Clement V to
suppress the order. Clement V ordered one of the Orders Notaries to record the coerced
confessions of scores of Order members. On Friday, October 13th, 1307, King Philip had
all the Templars arrested on the grounds of heresy, since this was the only charge that
would allow the seizing of their money and assets. With the forced notarized confessions
used as key evidence, many Templars were tortured, banished or burned at the stake.
Ever since then, the superstitious have considered Friday the 13 th a day of bad luck.

Notaries Public in England: 13 th and 14th Centuries

Notaries were not introduced into England until later in the 13th and 14th centuries as
English common law developed free from most of the influences of Roman law. Notaries
were often appointed by the Papal Legate or the Archbishop of Canterbury, and in those
early days many were members of the clergy. Over the course of time members of the
clergy ceased to involve themselves in secular business, thus the laymen in towns and
trading centers began to assume the official character and functions of a modern Notary.

Then in 1533 the enactment of the Ecclesiastical Licenses Act also known as the
Peters Pence and Dispensations Act terminated the power of the Pope to appoint
Notaries and vested that power in the King. Traditionally, Notaries recorded matters of
judicial importance as well as private transactions or events where an officially
authenticated record or a document drawn up with professional skill or knowledge was
required. In the Middle Ages, Notaries were sometimes asked to witness the
consummation of marriages involving royalty. The other emphasis on notarial acts was
the importance of the Deed. In Roman law countries only Court judgments carried any
special force, but, as Notaries ceased to be dependent on judicial authorities more and
more force was given to their Authentic Acts, as they are called. It was Louis XIV of
France who abolished the last vestiges of the ancient dependence on judicial authority
and granted to each Notary a seal with the Royal Arms. The modern Notary must still
employ his seal, but that is now for him to design personally and to guard carefully.

Notaries and the Conquests of Columbus: 15 th Century

Notaries accompanied Columbus on all of his voyages to ensure to King Ferdinand and
Queen Isabella that all discovered treasures were accounted for. Thus, Notaries during
this time enjoyed a special relationship to the truth. They witnessed noteworthy acts,
from the spectacular like when Columbus first beheld the New World in 1492 by
landing on San Salvador Island in the Bahamas to the humble and mundane: the
promise of a dowry, an apprenticeship, or a loan. It then fell to Notaries to shape the
messy specifics of each event into the proper form to be committed truthfully to the
page. Not just any written language would do. Manuals with specific itineraries of
meaning were used in Europe and the colonial Americas to guide these men in
regularizing the endless diversity of people's actions and language into the approved
formula. Notaries were thus truth's alchemists, mixing the singular into the formulaic in
accordance with prescribed recipes to produce the written, duly witnessed, and certified
truth. The marks of this stylized, notarial truth are everywhere in the archives of Europe
and the Americas, in documents that aggressively demand the reader's belief in the
Notary's word. Even the most routine transactions are full of formulaic professions of the
Notary's faithfulness and appeal to the notion that he was there present at the scene,
a trustworthy eyewitness properly equipped to register what mattered. From this
dedication to truth was born the modern notarial certificate.

Notaries in Early America: 1600-1800

In Colonial America, only persons of high moral character were appointed as public
Notaries to certify and keep documents safe. Their fundamental contributions to colonial
life and the founding and development of the United States are largely seen as the
reason American business became a huge success. For example in colonial times,
Notaries were invaluable to trans-Atlantic commerce, as parties on both sides depended
on them to be honest third parties in reporting damage or loss to a ships cargo. While
Notaries were held in very high regard during this time, life for Notaries in early America
was anything but easy. A Notarys work supported government, commerce and private
life, all of which were filled with conflict between the colonies of the New World and the
empires of the Netherlands, England, Spain and France. Many Notaries were faced with
huge challenges of authority and relevance during the era of rapid political and cultural
change. Some were even killed for their involvement in authenticating official documents
and recordkeeping as conflicting factions fought for control of the New World. Others saw
their fortunes and celebrity either increase, or decline depending on the ever-changing
power structure. The most intriguing story of a Notarys early struggle lies in the life of
AdriaenJanse van Ilpendam, a Dutch immigrant to New Amsterdam, whose career as a
Notary led him to an uncertain existence after the English took over, renamed the region
New York, and replaced English with Dutch as the regions official language. As a
result, van Ilpendam took his own life in 1686, as his place in society had all but
evaporated. Despite the early struggles of Notaries, their certificates and seal of office
remained prima facie evidence that an official act occurred and was authentic.

John Coolidge and President Calvin Coolidge: 1872-1933

John Coolidge was born in 1845 and was 78 years old when he came to fame as a Notary
Public in Plymouth Notch, Vermont. He had owned the village store, was a town leader in
Plymouth, was a member of the state legislature and had been a state senator. His family
had been among the original settlers of the town after the Revolutionary War. His son
was Calvin Coolidge, born in 1872. After attending the towns one room schoolhouse, the
younger Coolidge went on to the local academy where he was encouraged to go to
college, the first one in his family to attend. He became involved in the Republican Party
and was elected Vice President under Warren G. Harding in 1921. When Harding died in
1923, Coolidge was sworn in as the 30 th President of the United States by his father the
only president to ever be sworn in by a Notary. Coolidge is a very important President
with respect to Notaries. The public trust that Coolidge earned is reflected by his having
held 10 elected positions a number far greater than that of any other President in our
history. His lesson for Notaries was that, unlike other Presidents, he consistently
demonstrated the courage to say no when warranted. This is something that Notaries,
as public officials, are also expected to do. An important basis for his high ideals and
ethical integrity came from his commitment to the founding principles of our country,
including the defense of property and personal rights. In fact, Coolidge and Abraham
Lincoln were the only two presidents to have been experts on the Declaration of
Independence and the Constitution.

What is Notarization?
The Purpose
Notarization is the official fraud-deterrent process performed by Notaries Public that
renders the important documents of everyday life as trustworthy. It is a three-part
process of vetting, certifying and record-keeping. Notarizations are also called notarial
acts.
Above all, notarization is the assurance by a duly appointed and impartial Notary Public
that a document is authentic, that its signature is genuine, and that its signer acted
without duress or intimidation, and intended the terms of the document to be in full force
and effect.
The central value of notarization lies in the Notarys impartial screening of a signer for
identity, willingness and awareness. This screening detects and deters document fraud,
and helps protect the personal rights and property of private citizens from forgers,
identity thieves and exploiters of the vulnerable. Across the nation every day, the
process of notarization prevents countless forged, coerced and incompetent signings that
would otherwise overwhelm our court system and dissolve the network of trust allowing
our civil society to function.

The Different Notarial Acts

There are three major kinds of notarial act acknowledgments, jurats and copy
certifications:
Acknowledgments . The acknowledgment is typically performed on documents
controlling or conveying ownership of valuable assets. Such documents include real
property deeds, powers of attorney and trusts. For an acknowledgment, the signer must
appear in person at the time of notarization to be positively identified and to declare
(acknowledge) that the signature on the document is his or her own, that it was
willingly made and that the provisions in the document are intended to take effect
exactly as written.
Jurats. The jurat is typically performed on evidentiary documents that are critical to the
operation of our civil and criminal justice system. Such documents include affidavits,
depositions and interrogatories. For a jurat, the signer must appear in person at the time
of notarization to sign the document and to speak aloud an oath or affirmation promising
that the statements in the document are true. (An oath is a solemn pledge to a Supreme
Being; an affirmation is an equally solemn pledge on ones personal honor.) A person who
takes an oath or affirmation in connection with an official proceeding may be prosecuted
for perjury should he or she fail to be truthful.
Certified Copies . The copy certification is performed to confirm that a reproduction of
an original document is true, exact and complete. Such originals might include college
degrees, passports and other important one-and-only personal papers which cannot be
copy-certified by a public record office such as a bureau of vital statistics and which the
holder must submit for some purpose but does not want to part with for fear of loss. This
type of notarization is not an authorized notarial act in every state, and in the
jurisdictions where it is authorized, may be executed only with certain kinds of original
document.
Each state and U.S. territorial jurisdiction adopts its own laws governing the performance
of notarial acts. While these different notarial laws are largely congruent when it comes
to the most common notarizations, namely acknowledgments and jurats, there are
unusual laws in a number of states. In the state of Washington, for example, certification
of the occurrence of an act or event is an authorized notarization. And in Maine, Florida
and South Carolina, performing a marriage rite is an allowed notarial act.

TheParts of a Notarization
The Notarys screening of the signer for identity, volition and awareness is the first part
of a notarization.
The second part is entering key details of the notarization in the Notarys journal of
notarial acts. Keeping such a chronological journal is a widely endorsed best practice, if
not a requirement of law. Some states even require document signers to leave a
signature and a thumbprint in the Notarys journal.
The third part is completing a notarial certificate that states exactly what facts are
being certified by the Notary in the notarization. Affixation of the Notarys signature and
seal of office on the certificate climaxes the notarization. The seal is the universally
recognized symbol of the Notary office. Its presence gives a notarized document
considerable weight in legal matters and renders it genuine on its face (i.e., prima
facie evidence) in a court of law.

What It Means to Be a Public Official

Notaries are public officials who are screened and appointed by the 50 states, the District
of Columbia and the U.S. territories to serve the public as trusted impartial witnesses in a
variety of fraud-deterrent tasks.

What exactly does it mean for a Notary to be a public official?

First, it means that the Notarys powers are limited to the geographic boundaries of the
appointing jurisdiction and to the term of office stipulated in the appointment or
commission, which may vary from 2 to 10 years.

Second, it means that Notaries must keep the promise they made in their public oath to
obey the law. In performing notarial acts, Notaries must always give precedence to the
requirements of law over any other consideration even the dictates or expectations of
an employer, client, friend or family member. Law in all jurisdictions requires the
document signer to appear in person before the Notary at the time of notarization. Thus,
notarization may never be based on a telephone call or email, on the Notarys mere
familiarity with a signature, or on the informal vouching of a third party practices that
are open invitations to fraud.

Third, it means that Notaries must be impartial and neither favor nor discriminate against
any person or group for other than lawful reasons. Thus, a Notary must never refuse to
serve, or to discriminate in the quality of service offered, because of an individuals race,
nationality, religion, politics, sexual orientation or status as a non-customer.

Fourth, it means that as representatives of the state, Notaries must perform their official
duties with an appropriate degree of respect and seriousness for the indispensable role
they play in our legal system as a trusted, impartial and official third party.

Bonds: Protect Public from Notary E&O Insurance: Shielding Your

Misconduct Personal Assets

In many states, every Notary must
purchase a surety bond in order to protect
the public financially from the possibility
of that Notary's future negligent mistakes
or intentional misconduct. Up to the dollar
amount of the bond, the state-licensed
surety will reimburse any person
financially harmed by the Notary's
improper actions, if the Notary is unable
to do so. However, the Notary is then
required by law to pay back the surety any
funds it pays out on his or her behalf.
The bond is not insurance for the Notary --
it is protection for the public against
mistakes and misconduct by the Notary!
Time and again, blameless Notaries are
sued and have to prove that they acted
properly -- but doing so can be expensive.
The Notary's greatest protection against
the financial ravages of a lawsuit is Errors
and Omissions Insurance. An E&O policy
shields the Notary's personal assets.
If you are ever accused of misconduct as a
Notary for unintentional "honest"
mistakes, E&O insurance from the NNA will
not only provide for your legal defense,
but also absorb the cost of any
settlements or court-ordered cash
damages -- up to the limit of the policy.
There is no deductible, and policies are
very affordable, starting at only a few
cents a day.