17 Common Mistakes First-Time Notaries Make and How to Avoid Them

You have been commissioned by your state to serve the public as an impartial witness to the signing of personal and commercial documents. Like any new responsibility, this one comes with a learning curve. Many first-time notaries unintentionally make avoidable mistakes that can lead to rejected documents or, worse, disciplinary action. Here are the most common mistakes and how to avoid them.

1. Forgetting to Complete the Notarial Certificate

One of the most common mistakes new notaries make is forgetting to complete the notarial certificate or leaving out required information, such as the venue (state and county where the notarial act took place) or notarization date. Sometimes, notaries even mistakenly add their own names in the space designated for the signer’s name. Some notaries also forget to apply their signature and notary stamp or seal to the notarial certificate, which renders the notarization invalid. To avoid these mistakes, always review the notarial certificate thoroughly before returning the document to your client.

2. Selecting a Notarial Certificate for the Signer

This practice can get notaries in serious trouble if they are not licensed to practice law. When a document doesn’t include a notarial certificate, some new notaries believe they must choose the certificate for the customer. Doing so is considered giving legal advice. If the document does not include a notarial certificate, you must ask the signer to choose the appropriate certificate. If the signer is unable to decide, decline to perform the notarization.

3. Signing and Affixing Your Notary Stamp on a Document That Does Not Contain a Notarial Certificate

Some first-time notaries mistakenly believe their only duty is to “stamp and sign” a document. However, a notarial act is not valid without a properly completed notarial certificate. Stamping or signing without one is a serious violation that can invalidate the notarization and result in disciplinary action. Always complete the notarial certificate before signing and applying your notary stamp or seal.

4. Not Using Your Official Notary Name or Signature

Many new and inexperienced notaries use variations of their names when completing a notarial certificate. This can lead to disciplinary action by their state’s notary commission authority if discovered. When completing notarial certificates, always print your name exactly as it appears on your notary commission certificate. Because each state has different requirements for a notary’s official signature, review your state’s notary laws and rules or contact your notary commission authority to confirm the proper way to sign.

5. Not Keeping Your Notary Stamp or Seal Secure

Many new notaries are unaware of the serious consequences of leaving their notary stamps or seals unattended or in an unsecured location when not in use. Someone could use your notary stamp fraudulently to notarize documents in your name, exposing you to potential liability and disciplinary action. Always keep your notary stamp and seal locked away when not in use, and when your employment ends, never leave your notary stamp or seal with your employer—even if your employer paid for them or for your notary commission. If your notary stamp or seal is lost or stolen, follow your state’s notary laws on how to report it.

6. Placing the Notary Stamp or Seal Over Text or Signatures

New notaries sometimes place their notary stamp or seal directly over printed text or signatures, not realizing that doing so can make the notary stamp or seal information, text, or signatures unreadable. This may violate notary laws in states that require clear and legible notary stamp impressions and can also cause the document to be rejected by the recipient. The best practice is to place your notary stamp or seal on the notarial certificate, near your signature, in a space that can show the full notary stamp or seal impression without covering any text or signatures. If allowed in your state, consider using a notary stamp or seal with a smaller impression, or securely attach a separate notarial certificate to the document.

7. Charging More Than the Allowed Notarial Fees

Overcharging is one of the quickest ways to be reported to your state’s notary commission authority. Most states set strict limits on the fees notaries may charge for their services. Charging even a few dollars more than the allowable amount is considered official misconduct and can result in fines or revocation of your commission. Always stay informed about your state’s notary laws and the maximum fees you are authorized to charge.

8. Not Itemizing Invoices or Separating Notarial Fees from Other Charges

When notaries perform notarial services, it’s essential to separate notarial fees from travel or other charges on invoices and receipts. Failing to do so can make it appear that the total amount is the fee for the notarial act you performed. Always provide an itemized receipt to your customer so you can clearly explain to your state’s notary commission authority what the additional charges are for.

9. Not Verifying the Signer’s Identity Properly

One of a notary’s primary duties is to verify the identity of the signer. New notaries sometimes make the mistake of accepting identification documents that are not allowed under their state’s notary laws or failing to verify the signer’s identity altogether. Only identification documents that meet state requirements (typically government-issued, current, and bearing a photograph, signature, and physical description) should be accepted. Review your state’s notary laws and regulations to know the acceptable methods for verifying a signer’s identity.

10. Failing to Record the Notarization in a Journal

In states where a notarial journal is required, first-time notaries often forget to record their notarial acts. This oversight can lead to disciplinary action by their state’s notary commission authority if they request to review the notary journal. In states where maintaining a journal is not required, it is still considered a best notary practice to use one. Review your state’s notary laws to determine what information must be recorded, and record your notarial acts clearly and completely before the signing party leaves.

11. Failing to Update Your Personal Information on File with Your State

When your name, home address, business address, phone number, or email address changes, you must promptly notify your state’s notary commissioning authority. If the state needs to contact you regarding a complaint and you fail to respond within the required time frame, your notary commission could be suspended or revoked without your knowledge. As a result, any notarizations you perform while your commission is invalid could be considered void, and you could be charged with impersonating a notary. This is why it is critical to notify the state immediately when your information changes.

12. Offering Legal Advice or Drafting Documents

It’s easy to cross the line from notarizing to advising, especially when signers ask, “Which form do I need?” or “Can you help me fill this out?” Providing legal advice or drafting documents constitutes the unauthorized practice of law. If a customer requests legal advice or assistance in drafting a document, politely explain that you are not an attorney and cannot provide legal guidance.

13. Certifying Copies of Vital Records

Many new notaries mistakenly believe they can certify copies of birth certificates, marriage certificates, or other publicly recorded documents. This is strictly prohibited in almost all states. If a customer requests a certified copy of such records, tell them to contact the appropriate government office to obtain it.

14. Notarizing for a Signer with Whom You Cannot Communicate

Direct communication is essential to ensure the signer understands the document and is signing willingly. If you are unable to communicate directly with the signer and your state does not allow the use of an interpreter or certified translator, decline to perform the notarization and refer the signer to a notary who speaks the same language.

15. Not Checking the Document for Completeness

A notary must never notarize a document that contains blank spaces or missing information, as doing so opens the door to fraud. Reviewing the document for completeness before notarization is a key part of a notary’s responsibility. However, you may proceed with the notarization if the blank sections are specifically reserved for completion by a recording office or another government agency.

16. Not Being an Impartial Witness to a Notarization

The role of a notary public is to serve as an impartial witness to the signing of documents. New notaries sometimes make the mistake of notarizing for family members, close friends, or individuals in transactions where they have a personal or financial interest. Some even attempt to notarize their own signatures, which is strictly prohibited. Doing so compromises the notary’s impartiality and may render the notarization invalid. Always remain neutral and avoid notarizing any document in which you have a direct or indirect benefit or connection.

17. Using the Term “Notario Público”

In the United States, the term “Notario Público” can be misleading because, in many Latin American countries, it refers to a highly trained legal professional, often equivalent to an attorney who can draft legal documents. United States notaries are prohibited from using this title or implying that they can provide legal advice or immigration services unless they are licensed attorneys. Using this term can result in serious penalties, including the suspension or revocation of a notary commission. When you advertise in a language other than English, most states will require you to include a disclaimer stating that you are not an attorney and cannot provide legal advice or representation.

Final Thoughts

Every notary starts somewhere, but the best notaries learn quickly from others’ mistakes and never stop learning. Take time to review your state’s notary handbook or manual (if available) for best practices. If you have any notary-related questions, contact your state’s notary commissioning authority. Additionally, stay informed about the latest notary laws and regulations. With due diligence and consistency, you’ll build a reputation for professionalism and trustworthiness while avoiding mistakes that could lead to disciplinary action.