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Duties of a Notary


The Meaning and Benefits of “Notarization”


Most adults will require the services of a notary at some point in their lifetimes. For many members of the public, the requirement that a document be "notarized" seems like an inconvenience, but society depends on notarizations to safeguard transactions.  A proper notarization has four primary benefits:

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When to Refuse to Notarize


A notary or a notary public is a public officer, appointed by their state government, usually by the secretary of state, to serve the public as an impartial witness in taking acknowledgements, administering oaths and affirmations, and performing other acts authorized by law. Most states require a notary to perform notarial services as long as all legal requirements are met.

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How Notaries Can Help Deter Identity Theft


Millions of people are victims of identity theft every year, and this trend shows no sign of abating. Skilled criminals continually look for new, increasingly sophisticated ways to commit fraud. As a notary public, you are part of the first line of defense against identity theft. Your notary work is crucial to protecting yourself and the public from criminals.

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Handling Incompetent Signers


Unfortunately, many families wait until tragedy strikes to get their state of affairs in order. Depending on the severity of the tragedy, it could be too late to use the services of a notary public.

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What is a Commissioner of Deeds?


A commissioner of deeds, like a notary public, is a public officer who can take acknowledgments and administer oaths. However, unlike notaries, commissioners of deeds can exercise their duties outside the state in which they are appointed, and their power is typically limited to authenticating documents intended to be used or recorded in the state of appointment.

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Securing Your Notary Stamp May Save You a Trip to the Courthouse


Notaries are responsible for safeguarding their notary supplies and protecting them from fraudulent use. If your notary stamp is lost, you may have to appear before a court of law to prove that it was used fraudulently. When they are not in use, it is a good idea to keep your notary stamp and notary supplies in a locked drawer or cabinet, especially if you are an employee notary and conduct notary transactions at your place of business

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Why a Notary Journal Is Required


Almost no one likes to do paperwork, especially if they don't have to do it. So, if you tell them that paperwork is not required, most people will be happy to believe you and skip it. When it comes to the notary journal, skipping the paperwork is not an option. Keeping a notary journal is required for the following reasons:

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A Notary Should Know How to Handle Acknowledged Statements


As stated in a previous article, sworn statements and acknowledged statements are the two most common types of notarized documents. The primary difference between the two types is that a sworn statement is made under penalty of perjury and requires an oath or affirmation while an acknowledged statement lacks these elements. If a document does not contain language about being duly sworn or upon oath, and if it has a notary certificate that does not mention an oath or affirmation or being sworn, then you are dealing with an acknowledged statement.

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What it Means to Sign a Document Freely and Willingly


A notary public is an official witness to someone signing a document freely and willingly. "Freely and willingly" is one of those phrases that people use without really considering the meaning. This expression has been in use for so long that everyone thinks they know what it covers, but most people do not actually know.

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Notary Serves as an Official Witness to Transactions


A notary public is an official witness. To serve as an official witness, you must follow several important steps.

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What Does A Notary Public Do?


If you tell someone that you are a notary public, you can often expect that he or she will nod knowingly, as if fully aware of what that means. However, most people know only that a notary is "someone who stamps documents." Why those documents are stamped and what is involved in the process is not as well-known by the general public. Some people will admit that they don't know and will come right out and ask you, "What does a notary public do?" To answer that question, you have to first understand what a notary public IS.

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Homeland Security - A Notary Can Contribute


A notary public is at the forefront of security, in that notaries can significantly reduce fraud and are often responsible for detection of fraudulent identification documents.

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Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety.

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