According to a report published in Biometric Update , a fake passport image was created by a Polish engineer using ChatGPT to test how effective Artificial Intelligence would be at creating forged documents. The report has put Notaries on alert — especially those perfoming Remote Online Notarizations (RON) — as it was the first known report of an individual using AI technology to create a convincing identity document. In recent months it has been widely reported that criminal organizations, and even rogue elements of nation states, have been able to forge identities at scale to commit massive fraud in banking, mortgage and credit industries. Now, that power has been harnessed by an individual. The current level of fraud powered by AI can cause big problems for Notaries trying to verify the identities of signers and prevent document fraud. While there are no known attempts, at least not yet, of fake IDs generated by Artificial Intelligence passed to Notaries, the best way for Notaries to protect themselves and the public is to always examine IDs carefully and be alert for signs that something is off. Key tips include:  Physically examine a signer’s ID during a notarization. Ask the signer to hand you the ID so you can look over the information and touch the identification document. Feeling an ID can help you spot suspicious tell-tales, such as peeling laminate, a raised section under the laminate that might indicate a photo has been pasted onto the ID, or if the ID is missing security features like holograms. Look for mistakes and discrepancies in the ID information. Use caution if the ID includes spelling mistakes, the photo of the signer doesn’t match the bearer’s appearance, or the description of the signer seems off. For example, if the ID says the signer was born in 1949 but the person before you is in their late twenties, something’s wrong. Ask the signer if they can tell you the info on the card. While holding the ID, ask the signer questions like, “When were you born?” or “What’s your address?” and check their answer against the info on the ID. If they can’t tell you basic information that’s on the card, that is a warning sign the signer may be up to no good. Check the ID against a reputable identification reference book. If you’re unfamiliar with the ID or want to check if it is missing any official features, an identification reference book such as the guides for checking IDs offered by the NNA can help you. These books include comprehensive information on the security elements found in IDs issued by U.S. states and other nations. Notaries who perform remote online notarizations should conduct due diligence on the platforms they are using or intend to use. They should ask a platform provider to explain the anti-fraud measures they have put in place to detect whether photos or scans of IDs used in credential analysis were falsified or created using Artificial Intelligence. For other tips on selecting a platform provider, visit our Knowledge Center page on Remote Online Notarization Platforms .

This article is part of our series focused on Notaries and how they can navigate the age of Artificial Intelligence. Notary fraud is no joke. You should not shrug off the possibility that a signer may try to deceive you to pull off document- or financial-related crimes. The consequences can be staggering for both customers and Notaries. What makes things more complicated is that the growing use of Artificial Intelligence means that criminals today have even more sophisticated tools to deceive Notaries and the public. Here are 3 essential facts Notaries need to know about synthetic identity and document crimes committed today and the best ways to prevent them. 1. Never take Notary fraud lightly. The consequences can be life-threatening. You might think you have nothing to worry about. You might think “I only notarize documents for my boss and co-workers at my office. What’s the chance of anything going wrong?” Others might think, “It doesn’t matter if I bend or skip a few rules when notarizing for friends or family — notarizing for them isn’t a big deal.” This is a dangerous attitude because that’s precisely what criminals want you to think. Relaxing your standards can have dire consequences not only for you, but your customers as well. Victims of Notary fraud in real-life cases have not only lost their finances — some have lost their lives: In 1998, New York socialite Irene Silverman disappeared. After her disappearance, a mother and son duo, Sante and Kenneth Kimes, made appointments with two Notaries. Sante Kimes posed as Silverman and tried to have fraudulent documents notarized to give her and her son ownership of Silverman’s property. One Notary was suspicious of Sante Kimes’ appearance and lack of proper ID and refused to participate, but another notarized blank affidavits for the couple. Sante and Kenneth Kimes were later arrested, convicted of murdering Silverman to steal her property, and sent to prison. In 2004, a retired couple, Thomas and Jackie Hawks, disappeared from Southern California after arranging the sale of their yacht to a former child actor, Skylar Deleon. Deleon and a local Notary claimed they had met with the couple to sign and notarize the documents, and Thomas and Jackie had left after accepting payment. However, the Notary later admitted that she had never met the couple, and agreed to Deleon’s demand to notarize falsified documents. Police learned that Deleon and two accomplices lured the couple out on the yacht during negotiations and drowned them, then used the forged documents to take possession of the yacht. Deleon is currently incarcerated on death row. In 2008, David Replogle and a group of co-conspirators murdered Palm Springs resident Cliff Lambert to steal and resell his home and assets. According to police, Replogle appeared before a Notary posing as Lambert, leaving a thumbprint in the Notary’s journal. Replogle later tried unsuccessfully to steal the journal, which led police to arrest him and his accomplices. 2. AI technology is making Notary crime harder to spot. To add to the challenges Notaries face, Artificial Intelligence (AI) technology is making it more difficult to detect identity fraud. As discussed in our previous article on AI-generated fraud , AI can not only be used to steal a victim’s sensitive personal information. It can also create false “deepfake” images and voices to help criminals pose as other people. The Federal Trade Commission has proposed rules to prohibit the use of AI to generate images, video and text to harm consumers through impersonation. “Fraudsters are using AI tools to impersonate individuals with eerie precision and at a much wider scale. With voice cloning and other AI-driven scams on the rise, protecting Americans from impersonator fraud is more critical than ever,” Federal Trade Commission Chair Lina M. Khan said in February. “As the use of AI grows, lawmakers are concerned about its use for fraud. They are getting really nervous,” NNA President Tom Heymann said last year in his keynote speech at the 2023 NNA Conference in Scottsdale, Arizona. “What artificial intelligence is capable of now is almost like magic.” 3. The simplest way to fight Notary fraud: Always follow the rules — no exceptions. The murder and fraud cases, combined with the growing threat of AI-assisted fraud, can seem pretty scary for the average Notary on the street. But it’s important to know that every Notary has a simple, highly effective defense against any kind of notarization fraud: Just follow the rules for proper notarization every time. Require the signer’s personal appearance , be sure to properly identify every signer , and record the details of each notarization carefully in your journal of notarial acts. In each of the real-life cases, the actions of Notaries played a crucial part. The culprits in the Silverman murder would not have been able to attempt the fraudulent theft of Silverman’s home without the aid of a Notary willing to notarize blank documents improperly. In the Deleon case, the perpetrator would not have been able to create the forged yacht sale documents without the Notary’s agreement to notarize the forged signatures without the victims present. The suspects in the Lambert killing were caught thanks in part to the signature and thumbprint left in the Notary’s journal entry. What about sophisticated fake images and IDs created by AI? Again, while most Notaries aren’t technology experts, they have something electronic security doesn’t have: Common sense and judgment. While AI may be able to perfectly copy a signer’s voice over a phone or video transmission, that still won’t work for getting past a traditional pen-and-paper notarization as long as the Notary correctly insists on the signer appearing physically in person. Creating a fake electronic persona might fool a Notary for an online notarization — but a would-be criminal may reconsider if they know the Notary is required to keep an audiovisual recording and a journal record of each online act. So while Notary fraud may seem daunting in today’s high-tech world, don’t be intimidated — just stick to doing your job the right way. If something seems strange, it’s always better to contact your state Notary office or the NNA Hotline to ask questions to ensure everything is aboveboard before proceeding. And if something seems suspicious, don’t be afraid to say “No.”

Remote online notarization (RON) has a long way to go before it is widely accepted. However, by following 5 smart marketing strategies, remote notarizations can be a valuable part of a self-employed Notary’s business offerings. In fact, since September 2020, I have received more than 10,000 requests for remote notarizations, which have added significantly to my income as a mobile Notary/Notary Signing Agent. This article discusses 5 of the marketing strategies I followed to generate that business: Create and maintain your Google Business Profile Create content on your website Explain the benefits of using a remote online Notary service Connect with military bases Connect with international firms By following these tips, you'll be sure to generate more interest in your RON business and attract new clients. 1. Create and maintain your Google Business Profile One of the best ways to market your RON business is to create a Google Business page. This will allow you to list your business in Google's search results, as well as provide potential customers with important information such as your contact details, business hours, and location. When listing your services be sure to include remote online notarizations and electronic notarizations. You want to ensure you are keyword-heavy throughout your listing. I receive about 3-5 inquiries a day for remote online notarizations from individuals around the world based on the way I optimized my Google Business Profile. 2. Create content on your website Another effective way to market your remote Notary business is to create content about RON – such as articles and videos – on your website. When you add content to your website be sure to have heavy-keyword usage again and also include links to reputable sources about electronic notarizations. Be sure that you make the process appear simple and to the reader’s benefit versus in-person notarizations. Try adding a quick 60-second video to your website that will explain the steps to complete a remote online notarization. Here is a link to a sample video I use on my website: E-Notary Advertisement 3. Explain the benefits of using a remote online Notary service When talking to local businesses and individuals, it's important to explain the benefits of using an electronic Notary service. This will help potential clients understand why they should use your services, and it may encourage them to switch from in-person Notary services. Educate your market on what RON is because the average person has absolutely no idea. It is your job to explain to them why it is in their best interest to use your remote online services because it is both time and cost-effective for them. 4. Connect with military bases Another great way to market your remote Notary business is to connect with military bases. There are many benefits to using RON services for military personnel, so this is a great way to reach out to potential customers. You can connect with military bases through online directories or by placing ads on websites that are popular with military personnel. By connecting with military bases, you'll be able to reach a wider audience and attract more clients to your RON business. If you live close to a base, you can connect with different departments that will tell you where to provide your information. You can also connect with someone in your area who is in the military or in online military family groups to discuss your services and make that warm connection for you. 5. Connect with international firms Finally, don't forget to connect with international firms that may be in need of remote Notary services. You can find international firms through online directories. And market to U.S. companies who do business internationally. You can find these by a simple Google search. A good place to start is with international real estate companies and attorneys. I also have consistent international clients who keep me pretty busy. But remember the time difference with international clients. Sometimes I am up at 1am notarizing documents.  By following these tips, you'll be sure to generate more interest in your remote Notary business and attract new clients. The sky is the limit with RON because you no longer have to meet in person with clients which will allow for more notarizations to be completed in one day.

Signing Agents must deal with a wide variety of different documents during a loan signing, and many of them come with particular or unusual instructions. In this article, we answer frequently asked questions about the USA PATRIOT Act Customer Identification Program Form. What is the purpose of the USA PATRIOT Act CIP Form? Signed into law in 2001 in the wake of the 9/11 terror attacks, the U.S. PATRIOT (Providing Appropriate Tools Required to Intercept and Obstruct Terrorism) Act established measures to prevent, detect and prosecute persons engaging in money laundering and terrorism. In 2003, regulations to implement Section 326 of the Act required all financial institutions to establish a Customer Identification Program (CIP) for identifying all new account holders. This requires banks and other lending institutions to have a written procedure in place to establish the identity of customers, including home loan borrowers. Because Notary Signing Agents must already positively identify borrowers during a loan document signing to execute acknowledgments on a mortgage or deed of trust, Signing Agents are often asked to complete a USA PATRIOT Act CIP form to certify the NSA properly identified the borrower at the signing appointment. Completing this form helps financial institutions, including the nation’s mortgage lenders, to fulfill their PATRIOT ACT regulatory obligations. Are there other terms for a USA PATRIOT Act CIP Form? Yes. It may be included in a loan package under other names, such as “Verification of Customer Identity,” “PATRIOT Act Information Form,” or “PATRIOT Act Disclosure — Borrower Identification,” among others. What types of loan document packages include a USA PATRIOT Act CIP Form? These forms have been regularly included in various types of loan packages since 2003. Does a USA PATRIOT Act CIP form require notarization? No, it does not. However, because a Notary Signing Agent is present at the loan signing involving a lender’s loan, the NSA represents the lender in obtaining the information required in the form. What information is required to complete a typical PATRIOT Act form? Typically the Signing Agent will be asked to complete the following information on the form: The name of the borrower(s), along with other information such as the borrower’s date of birth, Social Security number or tax ID number. Information about any identification documents used to verify the borrower’s identity, such as the type of ID, the ID identification number, and the date of issuance and expiration for the ID. Some forms may also ask the NSA to include the state or organization that issued the ID.

4 Tips for Notaries dealing with natural disasters Natural disasters can result in numerous paperwork challenges for Notaries and their clients. Notaries may lose or damage their supplies, while signers might need urgent notarization without having their IDs. Here are some tips to prepare for a natural disaster and assist signers in need. Keep your Notary seal and journal in a safe place to avoid loss or damage Adhere to your state laws when replacing lost or damaged Notary seals Know the alternatives for identifying signers who have lost their IDs Consider not charging full price for your services 1. Keep your Notary seal and journal in a safe place to avoid loss or damage Performing notarizations becomes difficult if your seal and journal are lost, destroyed, or unusable due to a natural disaster. Protect your tools by storing them securely in an area that won’t be affected by severe conditions. Here are some recommendations: If you live in a state with frequent tornadoes, such as Kansas , Oklahoma , or Texas , it’s wise to store your tools where they are easily accessible and protected when taking shelter quickly. For instance, if you use your basement or cellar as a tornado shelter, consider storing your Notary tools there. In regions prone to hurricanes or flooding, like Florida , store your seal and journal in a high place to avoid water damage and avoid leaving them in your car or other vulnerable locations. Consider a waterproof safe for protection. If you reside in an area prone to fires, such as California , a fireproof safe is a suitable place to store your seal, journal, and other important items to prevent loss during a disaster. 2. Adhere to your state laws when replacing lost or damaged Notary seals If your seal or journal is lost or damaged in a disaster, know the correct procedure for reporting and replacing them. California and Texas require Notaries to notify the Secretary of State in writing if a seal or journal is lost or damaged. Florida requires notification to the Department of State if a seal is lost. 3. Know the alternatives for identifying signers who have lost their IDs After a disaster, many people lose important items, including their ID, so alternative identification methods are needed. Except in California , all states allow a signer to be identified by personal knowledge. If you know the signer well — such as a close friend or long-time colleague — personal knowledge can verify their identity. Another option is using credible identifying witnesses who can confirm the signer’s identity if they lack other identification. Note that credible witness requirements vary by state. Some states, like Pennsylvania , require the witness to know both the Notary and the signer personally. Others, such as California and Florida , permit two witnesses who don’t know the Notary but know the signer and can present their own ID (e.g., a driver’s license). Florida Notaries need a sworn written statement from credible witnesses affirming the signer’s identity, the witness’s lack of interest in the transaction, and the signer’s lack of other ID forms. Keep your state Notary handbook accessible or consult the NNA’s State Law Summaries for guidance. The NNA Hotline is also available for assistance. 4. Consider not charging full price for your services To help signers during a natural disaster, consider reducing or waiving your fee. Disaster victims often face significant financial losses and need numerous notarized documents for insurance claims, aid requests, and property replacement. No state mandates charging the maximum fee for each notarization, and most allow you to waive your fee entirely for a signer in need.

4 Things to know about using your Notary seal and journal. Safeguarding your seal and journal from possible misuse at work is a crucial aspect of your Notary responsibilities.  Here are four key points Notaries and their employers should be aware of regarding the use of Notary seals and journals in the workplace: The seal and journal are typically the Notary's property. The seal and journal must always be kept secure. Only the Notary is authorized to use the seal and journal. Notaries must decline improper requests for the seal and journal. 1. The seal and journal are typically the Notary's property. Even if an employer paid for your Notary seal and journal, it doesn’t mean they are entitled to retain those tools if you leave the company. Generally, you retain your Notary tools. For instance, Florida law mandates that a Notary's seal must not be handed over to an employer upon employment termination, regardless of who paid for it. Although Texas law doesn't explicitly address ownership of a Notary's tools, the state attorney general has opined that an employer does not own a Notary's seal or journal, and these tools should always remain with the Notary (Texas Attorney General Opinion GA-0723).  However, some states have exceptions concerning journals. In Arizona , certain Notaries in professions involving sensitive information can maintain two journals: one for public records and another for nonpublic records protected by attorney-client privilege or confidentiality laws. A journal with nonpublic records belongs to the employer, and if the Notary leaves the job, the employer may retain it. The Notary retains the journal with public records. Oregon allows Notaries to sign an agreement with an employer permitting the employer to keep the journal when the Notary ceases working for them. An Oregon Notary must keep a copy of this agreement. When a Colorado Notary's commission ends, Notaries may choose to leave their journal with their employer and provide the employer's contact information to the Secretary of State. Employers and Notaries should acquaint themselves with their state laws regarding the ownership of a Notary’s tools and adhere to those regulations. 2. The seal and journal must always be secure. A stolen Notary seal can facilitate fraud, and a journal contains sensitive personal information about signers that could be exploited for identity theft or other crimes. Therefore, your seal and journal must always be stored securely under your exclusive control when not in use. Some states mandate this by law. For example, California explicitly requires Notaries to store their journals and seals in a locked, secure area under the Notary’s exclusive control when not in use. Even in states without specific storage requirements, the NNA strongly advises Notaries to keep their tools in a secure location such as a safe or locked desk drawer. Leaving your tools in an unsecured area, like on top of your desk, exposes you to the risk of them being found and stolen, which could lead to significant legal issues and potential lawsuits. 3. Only the Notary is authorized to use the seal and journal. Remember, your tools are not ordinary office supplies like staplers or pencil sharpeners. Your seal and journal are your personal property and may only be used by you; they cannot be borrowed or used by a supervisor or coworkers. If you are absent due to illness, for example, your boss cannot have another employee use your seal to stamp documents. Nor can your boss demand that you share your Notary tools with coworkers to expedite business operations. It is a serious legal violation for anyone other than you to use your tools — and could land you, your coworker, and your boss in significant legal trouble. 4. Notaries must decline improper requests for the seal and journal. Supervisors and colleagues often lack awareness of the strict regulations Notaries must adhere to. If a boss or coworker wants to borrow your tools, asks you to allow someone else to use them, or makes any other requests you know are illegal, you must refuse. It’s beneficial to keep your state Notary laws handy to demonstrate why you must decline. Refusing illegal requests and adhering to proper practices not only safeguards your commission but also protects both you and your workplace from potential lawsuits.

Nov 11, 2024 Upon returning, I bring forth what I believe are useful steps to confirm with your signer, whether it is after accepting the job from the hiring company or when it is a direct engagement with the signer. Last week, I provided you with a checklist of questions to consider before accepting a job to ensure it aligns with your needs. It's important not to assume that the Title Company or Signing Service has already covered all necessary aspects for notarization. Therefore, when you contact the signer for confirmation, ponder over the following inquiries. Queries for the Signers: Do they possess valid identification? It is essential to comply with state regulations. Be precise—request a state-issued driver's license, non-driver ID, US passport, or any other acceptable form of ID. Will all required signers be present? This helps avoid unnecessary return trips. Are witnesses necessary? In states like Florida or Georgia, witnesses are mandatory for Deeds. If witnesses are needed, can the signers arrange for them? If not, you might need to provide witnesses, incurring additional time and fees. Do all signers speak English or my language? Effective communication is crucial for a successful signing. Direct communication with signers is preferred over family members translating, unless state regulations allow for translators (e.g., CO and AZ). Are all signers fully conscious and attentive? Assessing their mental state is important. Are they prepared and willing to sign documents? Have they reviewed the numbers or closing disclosure with their Loan Officer? Sample questions for assessing alertness will be provided later in this communication. Can all signers sign their names? Be prepared for signature accommodations, such as signature by mark or proxy, as permitted by your state. Do they have pets that could be a concern? If they have pets, such as dogs or cats, and you have allergies, it would be beneficial to know if the pets can be kept away during the signing. What about access and parking? Are there any gate codes or parking restrictions you should be aware of? Specialty Work: Additional Considerations For specialized notary work involving direct customer interaction, consider the following additional questions: Is the caller also the signer? Clarifying this can prevent misunderstandings. Do they require mobile notary services? If not, guide them to an alternative service. What types and how many documents are involved? This helps gauge the scope and time needed. Can they provide a photo of the documents? If you are unfamiliar with the paperwork, seeing a photo can help identify any special instructions. What does the service entail? Ensure they understand that your service goes beyond just notarizing documents—explain the entire process. What payment methods do they accept? Knowing their accepted payment methods (cash, Venmo, Zelle, credit card, or check) can streamline the transaction and ensure timely payment. What time suits them best? Offer a few appointment slots and confirm the chosen time during the call. Upon Arrival: Confirmation and Assessment Upon reaching the signing location, take a moment to evaluate the signer's awareness. If there are any indications of confusion, address additional questions directly to the signer. This is particularly crucial for vulnerable groups like accident victims, seniors, or individuals in healthcare facilities. Verify their orientation by asking: Who are you? Where are you? What document are you signing? Who else is present, and what is their relationship to you? Do you wish to proceed with the signing? Record your observations in your journal, noting witness names and any pertinent details about the signing process. The Final Step: Requesting Feedback Post-appointment, remember to seek feedback. This can be done through a receipt, text, email, or face-to-face. Positive reviews are essential for attracting new clients, so tailor your request based on their discovery of your services—whether through Yelp, Google, or another platform. Conclusion By posing the right questions before each notary task, you can avoid potential issues and ensure a seamless signing process. Preparation is key to your success as a notary, so incorporate these questions into your routine. Happy signing!

Should Notaries accept tips and gratuities? It is highly recommended for Notaries to adhere to the ethical standards and guidelines by refraining from accepting additional tips for their services. By maintaining a strict policy against accepting extra gratuities, Notaries can uphold their professionalism and integrity in the eyes of their clients and the public. Furthermore, it is essential for Notaries to be aware of the maximum fee limits set by their state regulatory authorities. By never exceeding the prescribed Notary fees, Notaries can avoid any potential legal implications and ensure compliance with the law. In addition, Notaries should exercise caution when it comes to accepting gifts from customers. It is advisable for Notaries to refrain from accepting non-monetary gifts to prevent any conflicts of interest or perceptions of favoritism. By maintaining a professional distance and avoiding gifts, Notaries can uphold their impartiality and credibility. 1. The safest choice is not to accept extra tips for Notary services. State Notary laws generally do not directly address whether Notaries can or cannot accept tips in addition to the maximum notarization fees. While your state statute may be silent, it’s important to remember the Notary’s central role in providing impartial services. Accepting compensation above and beyond the maximum fees for the notarial act, travel or other ancillary services allowed by law could be seen as improper influence, even if it seems at the time like the signer has no ulterior motives. For example, suppose a customer regularly provides you with tips, and then later asks you to ignore a problem with his identification during a notarization. When you refuse he could say, “But I’ve always tipped you in the past; can’t you just overlook the small discrepancy with my ID”? To avoid any appearance of impropriety, the safest course is to politely refuse any extra compensation offered to you, other than the maximum fee allowed by law for the notarial act and any ancillary fees such as for travel.  2. Never accept more than the maximum Notary fee allowed by your state. If you are in a state that sets a fee schedule such as California , Florida or Texas , remember that the fee you receive for your services may not exceed what you’re allowed to charge for a notarization. In these states, if someone pays your fee and then offers an additional tip, you must turn down the tip if the total amount you would receive is more than state law permits. Nevada is very clear on this matter. Its fee statute prefaces the maximum fees for notarizations and travel by saying, “… a notary public may charge the following fees and no more ” (NRS 240.100[1]). Accepting tips is less clear-cut in Arkansas, Iowa, Kansas and Kentucky where Notary fees are not set by state law. While technically there is not a maximum fee for notarizations, Notaries in these states should exercise restraint by not accepting gratuities for their services. Arkansas and Iowa caution Notaries by saying that fees should be “reasonable.” Maine does not set a maximum statutory fee, but the state’s Notary Public Handbook recommends that Notaries establish their own fee schedule “… so that persons seeking their services will have some predictability or assurance on the fee.” Even if your state allows you to charge any amount you choose, the best ethical choice would be to stick to a reasonable fee for your Notary services and decline any additional money offered more than this fee. 3. Notaries should not accept non-monetary gifts from customers. What about gifts such as free movie passes or sports tickets in appreciation? Can you accept those? Some Notaries might think these types of gifts are different from accepting money. While a movie pass isn’t money in the sense that we can use it to spend on goods and services that we choose, it is still a financial perk that has the potential to compromise your impartiality, especially if the gift-giver wants special treatment during a notarization at some point. Just like money tips, the recommended ethical practice for other types of gifts and gratuities is not to accept them. Guiding Principle II-A-3 of The Notary Public Code of Professional Responsibility of 2020 recommends Notaries should not accept any gifts, gratuities or donations. David Thun is the Assistant Managing Editor at the National Notary Association.

Everything starts with a Notary’s fee agreement Open communication is crucial. When problems do arise, each step of the collections process, from the first day a bill is late to months later, should be marked by careful, professional dialogue, and a trail of paperwork. It all starts with the contract or agreement, said Caitlin Pearce, director of member engagement for the Freelancer’s Union . “Make sure you have a clear, written agreement, ideally a formal contact,” she said. “This protects the company as well as the freelancer.” Most title companies and signing services have written contracts with the NSAs they use. Make sure you and your client are clear on all the requirements, large and small, as well as the due dates, payment terms and any other expectations. It’s also a good idea to have your own contract template for those clients who rely on handshake deals. Don’t forget to have a lawyer review it to ensure that you’re asking for things that are within the scope of the law, Pearce said. Before beginning a job, Pearce also suggested that NSAs find the name and contact information of the person responsible for payments, whether it’s the company owner or an employee in accounting. You should have their phone number and email address, and establish contact. Some companies have bureaucratic red tape a mile or two long; if you’ve chatted with your contact, your invoice is less likely to get lost in the shuffle. Your payment’s late. Now what? When you send your first invoice, you should also clearly state when you’ll follow up if not paid by a certain date. On that exact date, call and email your contact. Be polite and professional, Pearce said, but let them know you’re not going to let this go. Personally chasing after people for money can be tough, so there are several brands of payment collection software that can do a lot of the work for you, such as sending reminder letters and emails. WebAR , a cloud-based platform, manages accounts receivable and will process payments. The credit bureau Experian also offers an application. Its program will validate names, addresses, and other important data against information reported to Experian, and it’ll help you get nuggets like unpublished phone numbers. Escalation tactics if a Notary isn’t paid So you sent repeated invoices, made calls, and you’re still waiting to get paid. What next? There’s also small claims court, and if you choose to go down this path, make sure you have paperwork, including emails and copies of work product, available to show a judge. But that can be time-consuming and costly. Frank Metayer, who owns San Diego-based Mobile Notary Express, recalled an experience he had with one signing service. After 30 days, he sent a friendly email. His second attempt was a voicemail. By then, he went over the client’s head and alerted the escrow company that he had not been paid. The following day, he was called by the signing service and almost immediately paid. Sometimes you have to look at relationships. Escrow companies are important to signing companies and they don’t want to lose those contacts, he said. In another case, he did a signing for a different escrow company. After three attempts to collect, he sent an email and cc’d his contact’s manager. He promptly got a check. Barbara Weltman , an attorney and small business expert, notes that “invoices aren’t like fine wine — they don’t get better with age.” But if nothing works, and you can’t get paid what you’re owed, you may be able to write off the bad debt on your taxes.  Collecting debts may be a hassle, and may force you to get assertive while discussing a topic that makes many people uncomfortable, but persistence often pays off. Pearce said some freelancers have doggedly pursued debts as small as $100. On principle. Because everyone deserves to get paid for the work they do.

Step 1: Check for pre-printed wording. Many documents come with pre-printed Notary wording that clearly indicates what type of act is needed. For example, if your state requires specific wording for a jurat and that wording is pre-printed on the document, you may proceed with a jurat. However, if for any reason the certificate wording is unclear to you or the document lacks pre-printed notarial language, do not proceed until you can confirm what act is needed from another source. Step 2: Ask the signer. If the document lacks appropriate and clear certificate wording, ask the signer what type of notarization is needed . If the signer directs you to perform a particular act, that’s all you need. If the signer isn’t sure, you cannot choose the notarial act for them, but you are permitted to describe the different notarial acts and let the signer pick one. For example, you can say, "If you need your signature acknowledged, you will need to be identified and confirm you are willingly signing this document and aware of what you have signed. If you need a jurat, you will need to sign in my presence and take an oath or affirmation swearing the contents of the document are true. Which would you like?" You can also show the signer samples of an acknowledgment and jurat certificate. Once the signer chooses what type of notarization they want, you may proceed. Step 3: Have the signer contact the issuing or receiving agency for instructions. If you cannot determine what act to perform from steps 1 and 2, the signer should contact either the agency that issued the document or the receiving agency and ask what type of notarization is needed. Again, you may describe the different notarial acts to the agency and let them choose which one is appropriate. However, be careful. Some agencies unfamiliar with notarial laws and procedures may direct you to just "stamp and sign" the document or ask you to perform an act not permitted in your state. If you are asked to perform an illegal notarization, explain that state regulations don't permit you to do so and ask the agency to choose an alternate lawful notarial act. Once you learn what act is needed, you can proceed. If none of the above steps are successful, and it’s still not clear what notarial act is needed, the notarization needs to be called off. The signer may need to contact an attorney for guidance on how to complete the document before rescheduling the notarization.

A comprehensive manual for Notaries on administering oaths and affirmations Written by Kelle Clarke, Latest Revision on October 28, 2024 An oath or affirmation represents a serious declaration with legal implications that can be undertaken before a Notary. Should a client wish to proceed with an oath or affirmation, here is what you should be aware of. Understanding the Contrast between an Oath and an Affirmation While both oaths and affirmations are notarial procedures that compel an individual to speak truthfully, an oath involves a solemn verbal commitment to God or a Supreme Being, whereas an affirmation is a spoken commitment based on the signer's personal integrity without mention of a higher authority. Both are deemed appropriate, and the decision rests with the signer. Guidelines for Administering an Oath or Affirmation When administering an oath or affirmation, adhere to the following steps: Mandate the physical presence of the individual taking the oath or affirmation before you. Unless explicitly permitted by law, oaths and affirmations cannot be conducted remotely. Request valid proof of identification as stipulated by state regulations from the individual. An oath or affirmation may form part of the notarial process of verification on oath or affirmation or jurat, necessitating the individual to sign the document containing the sworn statement. Confirming identity is a prerequisite for these notarial actions. Instruct the individual to raise their right hand or perform another ceremonial gesture before responding, emphasizing the gravity of the procedure. While these ceremonial formalities are rarely mandatory by law, they serve to impress upon the signer the importance of their actions. Some signers — and even some Notaries — may treat the situation lightly, but this is not the appropriate time for humor. Maintain professionalism and be a role model in administering oaths and affirmations consistently, and your client will reciprocate. Administer the oath or affirmation by inquiring whether the individual swears or affirms the veracity of their statement. The phrasing can be posed as a question or statement depending on your state's guidelines. California provides the following phrasing for an oath or affirmation in question form: For an oath: “Do you solemnly declare that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth, so help you God?” For an affirmation: “Do you solemnly affirm, under penalty of perjury, that the testimony you provide in this matter shall be the truth, the whole truth, and nothing but the truth?” (Code of Civil Procedure 2094[a]). Florida does not specify the format of the oath or affirmation, thus you may present the oath or affirmation as a question or statement. If presented as a question, a suitable oath for a jurat, verification, or affidavit could be: “Do you solemnly swear that the statements in this document are true to the best of your knowledge and belief, so help you God?” Minnesota offers an oath form for affiants that can be utilized by Notaries notarizing signatures on affidavits: “You do swear that the statements of this affidavit, subscribed by you, are true, so help you God.” (MS 358.07[10]) For an affirmation, MS 358.08 allows the terms “swear” and “so help you God” in the aforementioned oath to be respectively replaced with “affirm” and “and this you do under the penalties of perjury.” Texas provides the following wording for an oath or affirmation for an individual assuming public office in the form of a statement: “I _________ (affiant), do solemnly swear (or affirm) that I will faithfully execute the duties of the office of ____________, of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State (so help me God).” Request the individual taking the oath or affirmation to respond with “Yes” or “I do” if the oath or affirmation is posed as a question, or have the individual repeat the oath or affirmation after you if it is in statement form. As the signer's response subjects them to perjury, it is crucial that the Notary clearly understands the signer's reply. Nods, “uh-huh,” or other ambiguous responses are inappropriate. Recommendations for Conducting Oaths and Affirmations Avoid Cutting Corners: If the document requiring notarization mandates an oath or affirmation, you must verbally administer it — even if the signer tries to rush you or evade it entirely. Inquire, Don’t Advise: If a signer is uncertain about the differentiation between an oath and affirmation, you can provide the forms for each, but you are not authorized to recommend which one to choose; the decision lies with the signer. Respect the Signer’s Decision: Given that oaths and affirmations hold equal legal weight, the Notary should respect the signer’s choice and utilize the appropriate wording and gestures. Document in Your Journal: Carefully record each oath and affirmation you administer in your journal. Once you grasp the basics and have conducted several oaths and affirmations, the process will become second nature.

Guidelines for maintaining privacy in Notary journals Notary Signing Agents should not permit any company to access non-customer journal records containing confidential personal details. Title companies have the responsibility of safeguarding sensitive customer financial information as mandated by the federal Gramm-Leach-Bliley Act (GLBA). Reviewing journal entries unrelated to title company customers would breach GLBA regulations. With the exceptions outlined below, the NNA advises Signing Agents to decline requests from potential contracting firms to view their journals, as Signing Agents are required to uphold the same GLBA privacy standards for nonpublic personal information. Exceptions specific to certain states Certain states have established rules regarding access to journal entries that deviate from the standard privacy protocols mentioned earlier. Unless one of these specified exceptions applies, Notary Signing Agents should not allow a title company to inspect their journals in exchange for assignments from that company. Arizona  — A journal entry classified as a public record can be accessed by any individual presenting a written request detailing the notarized person's name, the month and year of the notarization, and the document or transaction type (ARS 41-319[F]). It's important to note that Arizona permits Notaries to maintain a separate journal for notarial acts that are not public records. Non-public record entries include information protected by attorney-client privilege or confidential under federal or state law. Journals containing nonpublic records are the property of the Notary's employer (usually a law firm) and must be kept confidential (ARS 41-319[E]). California  — Government Code 8206[d] stipulates that the journal is solely owned by the Notary and prohibits surrendering it to any individual. Exceptions include providing it to a peace officer if it contains evidence related to a criminal investigation, or to the county clerk upon the Notary's retirement. However, in California, a Notary must furnish a photocopy of a journal entry to anyone submitting a written request containing the parties' names, document type, and notarization month and year (Government Code 8206[c]). A Notary-employee must allow an employer to review journal entries directly related to the employer's business, provided the Notary is present. The employer cannot demand access to entries unrelated to their business (Government Code 8206[d]). Colorado  — Any member of the public may request access to a notarized record by submitting a written request detailing the parties' names, document type, and notarization month and year. Upon request, the Notary may provide a certified copy of the relevant transaction and charge the fee permitted in CRS Section 24-21-529. The transaction must be recorded in the Notary's journal (CRS 24-21-519[5]). Hawaii  — Hawaii Notaries are required to allow inspection of journal records by any responsible individual without charge (HRS 502-73). Maryland  — A Notary Public may charge $2 for certifying a copy of an entry in the notary's register of official acts (COMAR 01.02.08.03E). The fee for providing a photocopy of an entry in the register is $1 per copy (COMAR 01.02.08.03C). Massachusetts  — Notary journals may only be inspected without restriction by law enforcement, if subpoenaed by court order, or when the Secretary of the Commonwealth orders the Notary to surrender the journal (GL 222 Sec. 22[g]). Mississippi  — A Notary must provide photocopies of journal records to a person who requests them and pays the legal fee (MCA 25-33-5). Any person may inspect a journal entry in the Notary's presence during regular business hours if certain conditions are met. Only law enforcement, a court issuing a subpoena, or the Secretary of State can request unrestricted inspection of a Mississippi Notary's journal. The Notary may deny access if there are reasonable suspicions of criminal or harmful intent (1 Miss. Admin. Code Pt. 5, R. 50.4.6.A and B). Missouri  — The journal may be examined and copied without restriction by a law enforcement officer in the course of an official investigation, subpoenaed by court order, pursuant to subpoena power as authorized by law, or surrendered at the direction of the secretary (RSMo 486.710.1). Nevada  — A Nevada Notary's journal is open to public inspection without qualification (NRS 240.120[6]). Oregon  — Only Notaries who are public officials or employees are obligated to disclose journal records under Oregon's public records laws (ORS 192.410-192.505). A Notary who is not a public official or employee is exempt from disclosing the journal contents, unless requested by the Secretary of State under OAC 160-100-0430(6). Pennsylvania  — A Notary must provide a certified copy of the journal to a person who applies for it (57 Pa.C.S. 319[g.1.]). Texas  — Texas Notaries must provide a certified copy of any requested entry upon payment of the fee allowed by law within 10 days of receipt of the fees (Government Code Section 406.014 and Texas Administrative Code, Title 1, Section 87.52[a]). If unable to provide the certified copy within the specified time, the Notary must inform the requester in writing. If personal identifiable information is inadvertently included, the Notary must redact it before releasing the copy.  Bill Anderson is Vice President of Government Affairs with the National Notary Association. David Thun is the Editorial Manager at the National Notary Association.