Hello again everyone! This edition of the Blue Ink Notary Blog will take a look at what a notary can't legally do. It's essential for both sides, you - the person requesting notary services as well as the notary who provides you with that service, to understand the limitations of what a mobile notary public or an online notary public can do to ensure a smooth and lawful notarization process.
Here is an overview of those notary public no-no's:
🛑 Provide Legal Advice: Notaries public are not licensed attorneys and cannot offer legal advice or draft legal documents. This includes a notary suggesting the type of notary act to be completed if your document does not contain proper notary wording. We can explain the different types of notarial acts but you must be the person to choose which act you'd like us to complete. If you need legal guidance, it's best to consult with a qualified attorney. Many notaries like myself work with some great attorneys so if you need a referral, just ask!
🛑 Ignore Identification Requirements: Each state dictates the methods of identification notaries may use to identify signers. Notaries must adhere to those strict identification requirements. Some allow recently expired IDs while others do not. Some allow personal knowledge of the signer on the notary's part while other states may not.
🛑 Notarize a Document without Requiring Personal Appearance: In order to have your document(s) notarized, you and any other signers each must personally appear before the notary. Whether it is in person or utilizing an online notarization platform, all signers need to appear before and present ID to the notary.
🛑 Perform Certain Notarial Acts: While notaries are able to notarize many types of documents - from real estate documents to wills, trusts, powers of attorney, divorce and prenuptial agreements, etc., there are limitations. For example, notaries generally cannot certify copies of vital records like birth, death or marriage certificates. Copies of those types of documents must be requested from the source that originated it.
🛑 Notarize Incomplete Documents: Notaries must ensure that documents are complete before notarizing them. If a document lacks any pages that may contain any essential information, initials or signatures, the notary cannot proceed with notarization. Remember, part of the duties of a notary public is to help prevent fraud. By ensuring all the pages of the document are in front of us, we can help to ensure that the document is complete to minimize the chance of something being changed or a page being swapped out after it's been signed.
🛑 Notarize Documents with Blank Spaces: This item goes hand in hand with notarizing incomplete documents mentioned above. Notaries cannot notarize documents that contain blank spaces intended for additional information. All spaces must be completed before or at the time of notarization.
🛑 Fill In Document Information: It is your responsibility as the signer to complete all the appropriate information on a document including: filling in blank spaces, checking off check boxes, initialing, signing & dating etc. The only space a notary is allowed to write or make changes is in the notary certificate section.
🛑 Backdate or Forward Date Documents & Notary Certificates: In most instances, documents should be dated the day they are signed in front of a notary and the notary should date the notary certificate the date on which the notarization was completed.
🛑 Act Partially or with Bias: Notaries must remain impartial and unbiased when performing notarial acts. We cannot notarize documents in which we have a personal interest or stand to benefit financially.
If you have any questions about the notarization process or need clarification on any aspect, feel free to reach out. Your understanding and compliance will help to ensure a smooth and lawful notary experience.
Blue Ink Notary, based in Greater Reading and serving Berks County as well as Lancaster, Montgomery, Chester, Lehigh, Schuylkill and Lebanon counties, has been helping numerous Pennsylvania residents and businesses get their documents notarized since 2019. I am generally available Monday through Friday from 9am to 5pm but am also available for emergency early morning, evening & weekend appointments to help you with your documents, so contact me any time with questions.
To discuss your notary needs:
📲 Call or text 484-509-1405
📩 Email brian@blueinknotarypa.com
🖥️ Visit online at blueinknotarypa.com and message us in our chat box in the lower right corner of your screen or visit the Contact Us page.
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