FAQs

General Notary FAQ’s

What is a notary?
A notary is a third party, impartial, public officer whose duty is to identify a signer, take the signers statement and watch them sign the document. Every official act as a notary has legal implications.

What does a bond do?
The notary bond is required by a state to protect the public we serve. If a notary does something wrong either on purpose or accident the notary is sued as an individual. A bond offers no financial protection for the notary.

Do I have to buy a bond?
That depends on what state you are in. Here in the Northwest Oregon does not require bonding but Washington, Idaho, Alaska, and Utah all do.

What is the difference between a notary bond and E&O insurance?
Notary Errors & Omissions Insurance is optional protection for you. The policy can be used to pay back the bonding company, the damaged party and half the policy limit can be used for your legal fees. Even notaries who are only using their commission for work should consider purchasing one of the lower limit policies just in case they need to hire an attorney.

Why have I not received my notary stamp?
In many states you need to produce proof of licensing to your stamp supplier before they manufacture your new stamp.

Do I have to keep a journal?
Even if your state does not require you to keep a Record Book (journal) we strongly recommend every notary use one, every time they notarize. Using a tangible record book is your first line of defense to prove what you did, and didn’t, notarize. If your state allows for use of an electronic journal it is your responsibility to make sure that it meets your states minimum security criteria. We strongly encourage you to, and some states require, that if you are using an electronic journal you also use a tangible journal concurrently.
Click here For more information regarding notary journals.

Do I have to become a member of a notary organization?
No! While there are several organizations that offer informational services or notary products that you may find interesting we recommend that you consider the value of a membership before spending your money. In most cases all of your questions about being a notary can be answered at your states notary website and supplies purchased without having to pay for a membership. Click here to be directed to notary supplies available for purchase.

What training or testing is required?
Since notary laws are regulated by individual states all states have different requirements. There is no “national notary law”. Regardless of requirements it is prudent that all notaries are familiar with the notary law of their state as well as your liability. Understanding the different actions required on your part, depending on the notary language presented on the documents is a necessity. You’ll need to know what complete notary language looks like, because you are not just witnessing a signature and filling in the blanks.

I am already a notary for work; can I notarize outside the office to make additional income for myself?
Yes, the notary commission is yours, not your employers. You can notarize outside of work but some states require that a notary only use one record book at a time so you will need to be diligent about the location and security of your journal.

There is just a line for my signature and a line that says, “Notary Public”. Can I sign and place my seal near there?
NO! No matter what state you are in all notarial acts must be evidenced by a proper certificate specific to your state and the document presented. There is no universal notary language that can be used for every situation.

What is notary language/certificate & why does it matter?
All notary certificates consist of four basic parts:
a venue,
statement of particulars,
authenticating/testimonium clause,
and you stamp impression.
The venue, authenticating/testimonium clause, and you stamp impression are always the same in a certificate.
What changes and reflects what type of statement your signer is making is the statement of particulars. The statement of particulars is what defines the type of statement your signer is making regarding their document and tells you what question(s) you need to ask the signer as well as what to recorded in your record book.

What do I do if there is no notary language/certificate on the document?
You cannot notarize a document unless it contains a complete notarial certificate. To help your client, you could present them with all the different types on notary language and let them select one that is appropriate for the meaning of their statement in their document.
A notary should never select or influence the selection of a notary certificate.

What are the parts of a notarial certificate?
Venue:

This tells where the document was notarized. If it is missing or incorrect the notary can add or correct it.

Statement of Particulars:

This is what type of notarial act is occurring and cannot be chosen by the notary.

Authenticating/Testimonium Clause:

The notary signature, and depending on the state, their title of notary public, their expiration date and the date of notarization.

Notary Stamp/Seal Impression:

The stamp impression should be logically associated with your testimonium clause avoiding the covering of both signatures and document wording as possible.

So, what are the different types of notarial acts (statement of particulars) and what do they mean?
Individual Acknowledgment:

Simply put an acknowledgement means the signer is signing the document as their free and voluntary act, for the uses and purposes in the document.

Representative Acknowledgment:

A representative acknowledgement means the signer is signing the document as the free and voluntary act of another person or entity, for the uses and purposes in the document.

Verification upon Oath or Affirmation:

Sometimes called a Jurat, this means the signer is swearing or affirming the statement they have made in the document is true.

To Witness or Attest to a Signature:

All this does is prove that the notary identified the signer and watched it be signed.

True and Correct Copy:

This means the notary is stating that the copy is an exact copy of the document presented.

Certifying an Act or Event:

Not used in every state but the purpose of it is to have a neutral third party (the notary) state what has happened.
Remember these types of notarial acts are defined by the statement of particulars in the notary certificate.

Where can I get state specific information regarding notary?
For Washington state simply click on their link under the Notary tab. As we further develop our website we will add state specific information for Alaska, Idaho, Oregon and Utah. Until then please call our office for order forms to be emailed to you.