Frequently Asked Questions
"Unlock the Secrets of Notarization: Your Top Questions Answered"
Explore the most frequently asked questions regarding notary services and our platform. Whether you’re a notary interested in membership details or a user seeking guidance on notarization, this resource is designed to provide you with the answers you need. If you don’t find what you’re looking for, our support team is ready to assist you further.
Q. Who can be a credible witness?
A credible witness is one who possesses first-hand knowledge, impartiality, good memory and perception, honesty, a reliable credibility history, a presentable demeanor, and appropriate expertise. These qualities not only make them effective witnesses, but they also ensure that justice is served truthfully and fairly in our legal system. Understanding the qualities of a credible witness is not just a matter of legal knowledge; it’s a key to upholding justice, and it’s a key to ensuring that justice is served truthfully and fairly in our legal system.
Q. What Travel Fees Can I Charge?
Certain states have regulations on travel fees for mobile notaries, impacting their income. While most states allow notaries to set their own travel fees, some require agreement with the customer beforehand. States such as Arizona, Connecticut, Maryland, Nevada, New Mexico, Rhode Island, Utah, and Washington have specific restrictions on travel fees.
Q. Can a notary notarize for an elderly person who cannot sign their own name?
In numerous states, you have the option to sign with a mark or “X” with the assistance of two witnesses. These witnesses must be present, sign the journal, and include part of their name next to the X.
Q. What are the steps to becoming a notary?
There is an application; sometimes mandatory schooling; some states have an online exam, others have no exam. Most states require the notary to take an oath of office that is filed with the county clerk where their commission is based; a notary bond is required in most states; then you would receive your commission document or be informed that it was prepared. Obtaining a notary stamp is the last step: some states require a written authorization certificate while others allow you to purchase one before you even filed your application.
Q. Where should a notary keep his or her seal and journal?
Many states require the seal and current journal in use to be kept under lock and key. Even if your state doesn’t require this, it is prudent to keep that information locked up as the journal has legal significance as it is a record of the notarization of hundreds of documents and as the seal could be used by a fraudulent person.
Q. What is errors and omissions insurance?
It is usually not required by law in most states, but prudent to have some E & O insurance to protect yourself from lawsuits due to honest mistakes. Note that if you did something fraudulent, you are still personally liable even with Errors and Omissions Insurance.
Q. Can a notary offer legal advice or prepare legal documents for notarization?
The notary is not allowed to give legal advice and choosing the type of notarization would constitute legal advice. A Notary is forbidden from preparing legal documents or acting as a legal advisor unless he or she is also an attorney. Violators can be prosecuted for the unauthorized practice of law, so a Notary cannot answer your legal questions or provide advice about your particular document.
Q. Can a notary notarize if the signer is not present?
No, the signer must personally appear before the notary public. Some states allow a Proof of Execution where another person can appear before the notary and swear that a third party signed a document.
Q. Can a notary refuse to serve people?
Only if the Notary is uncertain of a signer’s identity, willingness, mental awareness, or has cause to suspect fraud. Notaries may not refuse service on the basis of race, religion, nationality, lifestyle, or because the person is not a client or customer.
Q. Can you be a notary public in more than one state?
The answer generally is “no” — Notary commissions are not transferable betweenstates. … However, in some jurisdictions it is possible to hold more than one Notarycommission if you live in one state and work in another that allows nonresidents to hold a Notary commission (see “More Than One Notary Commission?”