Notarization plays a crucial role in verifying the authenticity of important documents and preventing fraud. However, even experienced notaries can make errors that may invalidate documents or cause legal complications. Whether you’re a seasoned notary public or just starting out, understanding and avoiding common mistakes is essential to maintaining professionalism and compliance.
Here are key tips to ensure every notarization is accurate, secure, and legally sound.
1. Verify Identity Properly
One of the most critical steps in notarization is confirming the signer’s identity. Relying on expired IDs or failing to perform thorough identity checks can lead to fraudulent activity.
Best Practice:
- Always request a valid, government-issued photo ID.
- For Remote Online Notarization (RON), use Knowledge-Based Authentication (KBA) and biometric verification to confirm identity.
2. Ensure Document Completeness
Notaries must never notarize incomplete documents or those with blank spaces, as this opens the door to potential fraud or document tampering.
Best Practice:
- Review the entire document to ensure all necessary information is filled in before proceeding with notarization.
- Instruct the signer to complete any blanks before the notarial act.
3. Use Accurate Notarial Certificates
A common mistake is selecting the wrong notarial certificate (acknowledgment vs. jurat) or failing to complete the certificate properly.
Best Practice:
- Understand the difference between acknowledgments and jurats, and choose the correct one based on the signer’s needs.
- Ensure the certificate includes the correct date, venue, and notary signature.
- Always attach a new certificate if the original is missing or incorrect.
4. Avoid Providing Unauthorized Legal Advice
Notaries are not authorized to offer legal advice or interpret documents. Doing so can result in liability and violations of notary regulations.
Best Practice:
- Explain your role as a neutral witness who verifies identity and signatures – not someone who advises on document content.
- Direct clients to legal professionals for any document-related questions.
5. Record Every Transaction in a Notary Journal
Failing to maintain accurate records can create issues if a notarization is ever challenged. Even in states where it is not required, keeping a journal protects the notary and client.
Best Practice:
- Log all notarizations, including the date, document type, signer details, and any irregularities.
- For RON, ensure the video session is recorded and securely stored in compliance with state laws.
6. Confirm the Signer’s Willingness and Awareness
The involvement of a Notary Public provides legal protections to both buyers and sellers. In the unfortunate event of a dispute or legal challenge, having notarized documents strengthens the evidentiary value of the transaction, offering a layer of defense for all parties involved.
A notary must ensure that the signer is not under duress or unaware of the document’s contents.
Best Practice:
- Ask the signer clear questions to verify they understand the document they are signing and are doing so willingly.
- Refuse notarization if there are signs of coercion or if the signer appears disoriented.
7. Double-Check the Seal and Signature
An incomplete or incorrect seal can invalidate the notarization.
Best Practice:
- Verify that the seal is clear, legible, and free of smudges.
- Ensure your name and commission number match your official notary records.
- Stay Updated on State Laws and Regulations
Notary laws frequently change, and staying informed is essential for compliance.
Best Practice:
- Participate in continuing education or refresher courses to stay current on new laws and best practices.
- Regularly review state notary handbooks and guidelines.
Protect Your Reputation and Clients with AGP Notary Solutions
At AGP Notary Solutions, we prioritize accuracy, professionalism, and compliance in every notarization we handle. Whether you need in-person, mobile, or remote online notary services, our expertise ensures that your documents are processed with precision and care.
Need a reliable notary? Contact AGP Notary Solutions today and let us handle your notarization needs with confidence and efficiency.