Best Notary Practices to Secure Loose Notarial Certificates
The use of a "loose notarial certificate" has become commonplace in a nation where each state has different requirements for notarial certificate wording. Since many forms don't have notarial certificates that comply with state notary law, notaries frequently have to use replacements. However, many notaries often wonder what is the most secure way to handle these certificates, and how to prevent them from being misused.
Securing the loose notarial certificate
First, when possible, it is generally preferred that the notarial certificate wording be printed, typed, or stamped on the document itself. If there is sufficient space, you can legibly insert the necessary wording. This is always the most secure method to add a notarial certificate to a document. Another method of adding a certificate involves using permanent adhesive labels containing the certificate wording. These labels can be applied to the original document. This method is preferable to actual loose paper certificates only if the labels are truly permanent. The notary might also consider affixing his or her notary stamp or notary seal in such a way that part of the notary stamp is over the label, and part of it is on the actual document, thereby attaching the label to the document and preventing its misuse.
Add information to identify the notarized document
When there is insufficient space to add the notarial certificate to the original document, a "loose certificate" may be used. This term refers to a notarial certificate (such as a jurat or certificate of acknowledgment) printed on a separate piece of paper and attached to the notarized document. The loose certificate should contain the certificate wording required by your commissioning state's laws. Remember, regardless of where the document originated or where it's going, you must always comply with the laws of the state wherein you are serving as a notary public. The certificate should also contain sufficient information (usually underneath the certificate wording) to identify the original document being notarized, such as the title or type of the document, the number of pages, the names of any additional signers, the date of signing, etc. This cross-referencing of the original document can help to prevent a loose notarial certificate from being detached from a properly notarized document and reattached to something else. For this purpose, a loose certificate should always be affixed with a staple. The fact that a loose certificate was used should also be notated in the notary's journal or record book.
Avoid stamping across multiple pages
Some notaries make it a practice to affix their notary stamp in such a way that the imprint crosses multiple pages, thereby "attaching" the loose certificate to the original document. This practice is not recommended, and in some states this may even constitute improper use of the notarial seal. An embossing seal can be used in this manner, if the embossing seal is not an official notarial seal and is authorized by law. However, the preferred method is always stapling.
Where to order loose notarial certificates
The American Association of Notaries offers both loose notarial certificate pads and notary stamps with notarial certificate wording. It is strongly recommended that notaries, particularly mobile notaries, carry loose certificates, certificate labels, or certificate notarial stamps along with their other notary supplies. Remember to use your best judgment when using loose certificates, and consult your state's laws for the most accurate information.
Click here to order loose notarial certificate, notary stamps, and notary supplies.
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.
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