The use of new technology tools for notarizations has caused confusion for many people, including Notaries. There is remote online notarization (RON), which is different from in-person electronic notarization (IPEN) or remote ink-signed notarizations (RIN). And all 3 are different from traditional, pen-and-paper notarizations. Here’s a step-by-step look at the differences between these notarization methods. Please note that this is a general description, and specific requirements in some states may vary. What does each type of notarization entail? A traditional notarization is the one most Notaries are familiar with. The signer and Notary meet physically face-to-face for the Notary to notarize a handwritten signature on a paper document. For in-person electronic notarization (IPEN), the Notary and signer still physically meet face-to-face. Instead of pen-and-paper signatures and documents, the Notary and signer use electronic signatures to sign and notarize an electronic document (often called an “electronic record” in state laws). For a remote online notarization (RON), the Notary and signer meet remotely from different locations using audio-visual communication technology, and the notarization is typically performed remotely using electronic signatures and records. During the COVID-19 emergency, some states authorized an alternative notarization process called Remote Ink-Signed Notarization (RIN) as an alternative to notarizing paper documents in person. Today, 7 states have permanent laws authorizing RIN notarizations. During a RIN, the signer signs a paper document while communicating live with the Notary online. The signer may be required to sign a declaration under penalty of perjury stating that the document they signed and send to the Notary is the same document and attach it to the document. The document is then sent to the Notary for notarization. Document formatting requirements for each type of notarization Each type of notarization (Traditional, IPEN, RON and RIN) has different document format requirements: Traditional notarization requires a physical paper document with an original written signature in ink. In-person electronic notarization requires an electronic record such as a PDF or Word file. The document is presented on a computer, laptop or mobile device. Remote online notarization typically requires an electronic record as with IPEN, although some states allow paper documents to be signed and notarized using RON. RIN requires a physical paper document with an original written signature but may also require an additional electronic copy of the document to be sent to the Notary. Identification of the signer Both traditional and in-person electronic notarization use the same methods for identifying signers. The signer must personally know or present satisfactory proof of identity to the Notary, typically an identification document such as a driver’s license or one or more credible witnesses who know the signer personally and can vouch for the signer’s identity, following the requirements of state Notary laws. Remote online notarization requires signers to be identified through a combination of at least 2 identity verification methods that are tailored for the remote environment. Examples include knowledge-based authentication (KBA) where the signer must answer questions correctly about their credit history and background; credential analysis, where the signer’s ID is checked using an automated process to confirm the ID is genuine; remote presentation, where the signer presents ID to the Notary on camera so the Notary can read the information, biometrics, or a public key certificate. For a RIN, the signer must be identified through a process approved by the state. Examples may include the Notary’s personal knowledge of the signer, remote presentation of an ID document to the Notary or the oath/affirmation of a credible witness participating in the RIN. Notary signatures and seal Most Notaries are familiar with the traditional notarization process in which the customer signs the paper document in pen and ink. The Notary then completes the certificate wording, signs the certificate with pen and ink and affixes their physical Notary seal. For an IPEN, the customer signs the electronic document with an electronic signature — by clicking a mouse or writing the signature on a signature pad. The Notary then signs the notarial certificate with an electronic signature and affixes an electronic seal. For remote notarizations on electronic documents, the customer signs the electronic document with an electronic signature. The Notary then signs the notarial certificate with an electronic signature and affixes their electronic seal. For RIN, after communicating with the Notary online, the signer then mails, or if allowed by state law, faxes or electronically transmits the paper document to the Notary. After the Notary receives the document, the Notary prints out and performs the notarial act on the paper document, and mails (or faxes or electronically transmits, if applicable) it back to the signer. Recording the journal entry Depending on state laws, for traditional and IPEN notarizations the Notary completes a record of the notarization in a bound, paper journal or in some states, an electronic journal. For remote notarizations, usually an electronic journal entry is required, and the notarization must be recorded using audiovisual technology. The Notary must securely store the recording, along with any other journal information required by state law. For a remote ink-signed notarization, the Notary should record a journal entry for the RIN, even if not required by law. The Notary should also make a recording of the entire RIN audiovisual conference, ​even if not required by law, create a backup of the recording, and securely store both. Some states may have additional recordkeeping requirements.

Notary Signing Agents (NSAs) facilitate loan closings for the mortgage finance industry. Before starting the NSA certification process, you must be commissioned as a Notary Public. Please be aware that opportunities to conduct loan signings may be limited or restricted in 18 states. Signing Agent Certification Process Many state laws do not address additional qualifications or requirements for Notaries who work as Notary Signing Agents. However, companies in the mortgage finance industry do have laws and regulations they must meet in order to do business. Because lenders, title companies and signing services are held to certain regulatory standards, they set the bar for the Notaries they hire. While every company's guidelines may vary, the industry strongly recommends taking all of the following steps to increase your chances of getting hired by the widest range of companies. Be commissioned as a Notary Public in your state (required). Take a loan signing training course. Pass an exam and background screening that are SPW compliant. Buy your Signing Agent supplies. Purchase a minimum $25,000 E&O insurance policy. Start working as a Notary Signing Agent. Promote your business online by joining Notary Signing Agent directories. Become a Notary Signing Agent In This Guide: NSA Training & Guidelines | Insurance & Legal Risk | General NSA Information NSA Training & Guidelines The details below will help you understand the recommended guidelines for Notary Signing Agent certification. What does a Notary Signing Agent do? A Notary Signing Agent is a Notary who is specially trained to handle and notarize loan documents. For lenders, Notary Signing Agents are the critical final link to complete the loan. A Notary Signing Agent is hired as an independent contractor to ensure that real estate loan documents are executed by the borrower, notarized and returned for processing on time. Completing this critical part of the loan process enables the loan to be funded. Who can become a Notary Signing Agent? Anyone who meets the requirements to be a Notary Public in their state can go on to become a Signing Agent. However, it is important to note that some states have restrictions that apply to NSAs. Is certification required? Certification is not required by law to become a Signing Agent. However, many companies that contract Signing Agents for mortgage closings ask these professionals to be certified and background screened in order to meet Consumer Financial Protection Bureau compliance requirements for third-party service providers hired by financial institutions. Several private organizations offer training, certification and background screening for Signing Agents that meet the standards of lenders, title companies and signing services. The NNA is an SPW-compliant vendor, so you may choose to get certified and background screened by the NNA. Do I need to take a Notary Signing Agent exam or training course? No exam or training is required for NSAs. Although neither one is required, a training course and passing score on an exam are smart ways to prove you've been formally educated in the complex process of mortgage closings. A training course covers everything you need to know to be familiar with the loan closing process and the types of documents involved. It will provide the knowledge you need to walk a buyer through the mortgage closing process clearly and efficiently. A Signing Agent training course will also prepare you to pass the SPW-compliant exam. There are many vendors, including the National Notary Association, offering Signing Agent training courses and exams online. Why am I being asked to do a background check? In order to guard borrowers' private financial information, the mortgage industry requests all persons involved in the lending process to undergo background screenings. Lenders in turn instruct title services companies to ensure that everyone with access to mortgage documents has been screened. This applies to everyone handling loan documents including Notaries who act as Signing Agents. Are there any special requirements or restrictions in my state? It depends on the state. Some states limit or restrict Notaries from working as Signing Agents or include additional licensing requirements. Please be aware that opportunities to conductt loan signings are limited or restricted in 18 states. States with NSA restrictions Connecticut, Delaware, Georgia, Indiana, Maryland, Massachusetts, Minnesota, Nebraska, Nevada, New York, North Carolina, South Carolina, South Dakota, Texas, Utah, Vermont, Virginia and West Virginia For more information, see our list of Signing Agent State Restrictions. What supplies should NSAs have? In addition to your Notary seal and journal, Signing Agents should have reliable transportation to get to assignments, a mobile phone and email for communication with signers and companies that hire them, and a printer and fax machine to print loan documents and fax completed loan documents if required. Many new NSAs also find it helpful to use a few industry tools and guidebooks when starting out. How long does it take to become a Signing Agent? NSAs who follow the recommended industry certification process listed above can expect one to two weeks to become a certified Signing Agent. A majority of this time will be spent waiting for your background screening results to return. Other factors will be your availability and how long it takes you to become comfortable with all procedures and requirements for notarizing loan closings. How much does it cost to become a Signing Agent? The cost of becoming a certified Signing Agent typically ranges from $75 to a few hundred dollars, but this can vary depending on a few different factors: Whether or not you have an active Notary commission in your state Whether or not you already have a $25,000 errors and omissions (E&O) insurance policy Which training/exam vendor you choose What vendor conducts your background screening Where you purchase your NSA supplies Licensing fees (required for certain states) Insurance & Legal Risk Because certified Signing Agents play a critical role in completing real estate loans, it's important for all NSAs to understand their responsibilities and the legal risks they face if proper procedures are not followed. Do I need any additional Notary insurance? Though not required by law, it's strongly recommended to purchase a Notary errors and omissions (E&O) insurance policy to cover you against damages resulting from unintentional mistakes. The Signing Professionals Workgroup (SPW), an industry standards organization, recommends Signing Agents carry a minimum Notary E&O policy of $25,000 following a study that found most claims against Notary Signing Agents average around $14,000. However, some individual companies may ask Signing Agents they work with to carry a larger policy. How much legal risk might I face as an NSA? Loan document signings are important transactions involving hundreds of thousands of dollars. It's essential that Notary Signing Agents follow their state's Notary laws as well as federal mortgage regulations like protecting the privacy of a signer's information. A Notary Signing Agent must diligently follow proper procedure. In addition to damaging the Signing Agent's chances of finding work in the future, carelessness, negligence or improper conduct can result in severe criminal penalties or financial liability for a Signing Agent. General NSA Information Need more information about working as a Signing Agent? Get answers to commonly-asked questions below. What are the benefits of becoming a Signing Agent? For lenders, Notary Signing Agents are the critical final link to complete the loan. Signing Agents not only earn income for notarizing signatures on loan documents but are also paid to perform courier services and ensure that completed loan packages are returned to the lender in a timely fashion. Many Notaries choose to work as Signing Agents as a part-time or full-time source of income. How is a Notary Signing Agent different from a traditional Notary? Although traditional Notaries and Notary Signing Agents both perform notarizations for their clients and must have an active commission, Signing Agents are specially trained to handle and notarize loan documents. In most cases, they meet additional qualifications such as background checks, extra training and/or special licensing (depending on state regulations). How much can I charge for a loan signing? There is no set fee schedule for Notary Signing Agents who perform loan document signing assignments. Each Signing Agent must negotiate their own fees based on their business expenses, the companies they work with, travel and time required for assignments, and the demand for services in their area. Be aware that the federal government strictly prohibits collaboration to set fixed fees for loan document signings, including price-fixing agreements, boycotts or attempting to persuade other Signing Agents to agree to charge an established minimum fee. How often must I renew as an NSA? The government does not define a renewal time frame for Signing Agents within any state or federal law. However, the industry standard set by SPW recommends that Signing Agents renew their exam and background check every year. Industry certification standards developed by SPW are designed to meet important CFPB requirements. Where do I find loan signing work? There are several online Notary Signing Agent directories where you can make your contact information available to lenders, financial institutions and signing services offering assignments. Some directories offer free listings while others offer more prominent listings for a fee — you should compare directory services and see which best suit your needs. In addition to signing up with several directories, you can also promote your services by networking within your local community. You can accomplish this by attending business and trade events, connecting with UPS and FedEx store managers, and building relationships with other Notaries in your area. What is a signing service? Signing services are private companies that act as middlemen, locating and contracting Signing Agents on behalf of lenders and title companies for assignments. Though assignments through signing services generally do not pay as well as working directly for lenders or title companies, they usually have more assignments available for Signing Agents who are starting their new business. Who can answer questions about loan signing assignments? Any questions regarding loan terms or the content of loan documents during a signing should be directed to a qualified loan officer. Signing Agents are not loan officers and should never try to explain loan documents or answer questions from a signer regarding the terms of a loan. If you have other questions about working as a Signing Agent or industry issues, professional Notary associations like the NNA and other private organizations that offer Signing Agent training and certification can often address your concerns. Most state Notary-regulating agencies cannot answer questions related to Signing Agent assignments, because many of a Signing Agent's duties aren't addressed by state Notary laws. There are also dedicated social media groups for Notary Signing Agents on LinkedIn, Twitter and private websites where Signing Agents can go to ask questions and discuss issues affecting their work.

Imagine this real-life scenario: You get an assignment for a mortgage refinance package for a local couple. The property is located in another state — in this case Georgia — and documents must be signed by a witness in addition to the borrowers. Shortly before leaving for the signing, the borrowers call to cancel the appointment because they do not have a witness. You check your reference material and verify that you cannot act as the witness for documents to be filed in Georgia if you also notarize those documents. Then you reach out to your contact at the company that gave you the assignment to let them know the situation. They respond via text that you can act as a witness and Notary, and instruct you to proceed with the signing. There are several text exchanges, including one in which you send them a screenshot of the page of your reference material citing Georgia’s prohibition for Notaries at act as a witness and Notary in connection with the same document. The company insists you are mistaken and continues to instruct you to go ahead with the closing. What would you do? To participate in this week’s “What Would You Do?” scenario, share your answers in the comments section below. We may mention your response in next week’s Bulletin, when we offer the best possible answer(s) to this notarial challenge.

While good customer service is an important part of any Notary business, your duties require you to say ‘no’ to any improper requests from a signer. Here are 3 requests that no signer should ever ask of a Notary — and no Notary should ever agree to. Question 1: “I don’t have ID — can’t you just skip that part?” A frequent request from signers lacking proper identification — and one you should never accept — is asking a Notary to skip the identification process and notarize without it. As a Notary, you must always follow state Notary laws when identifying a signer. In some states, a signer who lacks identification can be identified through alternative methods, such as credible identifying witnesses. But if a signer asks you to notarize without being identified, always say ‘no.’ Question 2: “I need this signature notarized — but I can’t be there. Can’t you just notarize it anyway as a favor?” Many Notaries have lost their commissions and faced costly lawsuits by saying ‘yes’ to this question. If the person who made the signature is not present for the notarization, there is no way for you to tell if the signature was made willingly — or even if the signature was genuine! Never accept a request to notarize an absent person’s signature without the signer being present — even if the person asking you is a spouse, relative or friend. There have been cases where a trusted family member or colleague has convinced a Notary to do so, only for the Notary to find out later that the person making the request was committing fraud. And once that happens, the Notary faces serious potential legal penalties and liability for negligence. Question 3: “I need to meet a deadline — can you change the date of notarization on the document to help me out?” Many documents you are asked to notarize are time sensitive, especially real estate documents. Sometimes a Notary will be asked to back-date or post-date the date the notarization took place. Doing so is against the law in every state. Never falsify the date a notarization takes place on a notarial certificate — doing so is illegal and could lead to serious civil and criminal penalties against you.

No matter what state a Notary is commissioned in, there are 4 essential tools that every Notary needs. These are: Your official Notary seal Your official Notary seal What is it? The Notary seal contains your commission information. Depending on state law, the seal can be an inked stamp or an embosser — a metal clamping device that leaves a raised impression of the Notary seal information on a document. Why do I need it? Most states require Notaries to own and use an official seal for notarizations. Affixing the Notary seal to a notarized document authenticates the Notary’s signature and shows that the notarization was officially completed. How do I get a seal? Each state has its own rules for the official Notary seal’s format, required information and how to purchase one. Once you’ve obtained your Notary commission, you can purchase your official Notary seal. 2. Your journal of notarial acts Your journal of notarial acts What is it? The journal of notarial acts is a record book of each notarization you perform. Each entry in a Notary journal includes details about a notarization such as the date performed, the notarization type and the signer’s information and signature. Why do I need it? If you are ever sued for a notarization, well-kept journal information is powerful evidence that you performed your duties correctly. Many states require Notaries to keep journals, but even if not required in your state, it’s recommended because of the protection a journal provides against accusations of negligence. How do I get a journal? A wide variety of Notary journals are available for purchase from many different vendors, including the NNA. 3. Pre-printed Notary certificate wording Pre-printed Notary certificate wording What is it? Each notarization typically requires a Notary to complete, sign and affix their seal to certificate wording prescribed by state law. If a document lacks certificate wording, a pre-printed certificate can be completed and attached to the document to complete the notarization. Why do I need it? Having pre-printed certificates on hand will allow you to complete a notarization if you are asked to notarize a document that does not include the required notarial wording for your state. Where can I get Notary certificates? Many state Notary regulating agencies have PDFs of their certificate wording that can be downloaded. NNA members can download and print certificate forms through the "Member Benefits" section of their NNA membership page. You can sign up for NNA membership on our website. If you aren't a NNA member, you can also purchase Notary certificates from the NNA. 4. Reference guides and resources to answer Notary questions Reference guides and resources to answer Notary questions What is it? Reference guides include information about Notary procedures and practices you can look up if needed. Why do I need this? When you notarize, you may encounter questions about the notarization you can’t answer yourself. For example, is this signer’s ID acceptable in my state? Am I authorized to perform this type of notarization? When these questions come up, having a reference book on hand to look up information can help you find the answer. Where can I get reference guides or help with Notary questions? The NNA offers a variety of Notary reference books. NNA members can also contact the NNA’s Notary Hotline, visit the NNA Knowledge Center or their state Notary agency for answers to questions during notarizations.

Many Notaries have contacted us asking, “A signer just gave me a photocopy of his driver’s license. Can I accept it as ID?” Because many people used photos of vaccination cards for admission to restaurants and businesses during COVID-19, presenting copies of official records gained widespread acceptance. Is it OK to accept copies of ID when notarizing, whether physical or a photo taken with a phone? Notaries should never accept copies of identification documents from a signer as proof of identity. Here are 4 reasons why: States do not allow Notaries to accept copies of signer IDs Copies of IDs are vulnerable to tampering Copies of IDs lack security features Notaries use to check for fraud Accepting a photocopy of an ID could result in legal liability States do not allow Notaries to accept copies of signer IDs Several states require the signer to present an actual identification document — not a copy. For example, California, Florida and Pennsylvania require signers to present specific identification documents for notarization. For example, the California statute says a Notary may accept a driver’s license or identification card issued by the Department of Motor Vehicles. Since the DMV does not issue anything other than actual IDs, the plain reading of the statute means that a driver’s license or ID issued by the DMV cannot be anything other than the actual license. Furthermore, in the past, the California Secretary of State has clarified that “temporary” California driver’s licenses issued to drivers renewing their licenses do not meet the statute’s requirement. Texas requires signers to present a current identification card issued by the federal government or any state government that includes a photo and signature. The critical point here is even though a state law may not explicitly require an ID to be “original,” the plain and natural reading of any law that states that a “driver’s license,” “passport,” or government-issued” ID presented to a Notary implies that the original must be presented. Copies of IDs are vulnerable to tampering What about Notaries in states that don’t require specific types of ID, like Alabama or New York? Even if your state doesn’t list particular IDs you may accept or list the general requirements for an ID presented to a Notary, accepting a copy of an ID card — either a photocopy or a photo on a mobile device — is a terrible idea. You cannot tell if a copy is altered or forged, which means the risk of fraud for the notarization is much higher. Photocopies and digital images are easily changed using editing apps widely available to the public. Copies of IDs lack security features Notaries use to check for fraud A copy is much easier to tamper with than an official state or federal-issued ID. State and federal IDs include security features that help Notaries confirm the ID is genuine when examining it. Examples include holograms, raised print or patterns and hidden details that copies lack. Also, a photocopy or photo of an ID often only shows one side of the identification document. Many IDs include security features on both the front and back. If you can’t examine both sides of an ID, you run a much higher risk of being tricked by a dishonest signer. This could lead to you facing penalties or lawsuits if the notarized document is used to commit fraud. Accepting a photocopy of an ID could result in legal liability Three states – California, Florida, and Tennessee – have statutes that say that the standard of care for a Notary in accepting an ID to verify a signer’s identity is “reasonable reliance” on the presentation of the ID. “Reasonable reliance” means that a Notary must exercise reasonable care only to accept the forms of identification listed in the statute. Reasonable care would dictate that the conscientious Notary only accept actual IDs, not copies. In the case of California and Tennessee, both have statutes saying that “an officer who has taken an acknowledgment pursuant to this section shall be presumed to have operated in accordance with [the law] (see CA Civil Code 1185[b][3]-[4] and Tenn. Code Ann. 66-22-106[d]). This means that a Notary who reasonably relies on a driver’s license or other acceptable ID to identify an acknowledger has a “safe harbor” — a shield from liability. So, the bottom line is: if you carefully follow the law, you will have exercised reasonable care. If you take the risk of accepting copies of a signer’s ID, you could be subject to legal liability.

Offering apostille services can be a good way for Notaries to earn additional income and diversify their services. But customers can be confused about what Notaries can do when they provide “apostille services.” The National Notary Bulletin spoke with Frank Metayer, owner of Apostilles Near Me in San Diego, California, about offering apostille services as part of a mobile Notary business. Metayer said that if Notaries want to offer this service, it’s important that you understand what an apostille is and make it clear to customers exactly what services you can provide. Below are 3 things customers often misunderstand about apostille services, along with what every Notary should know: Notaries do not issue apostilles Notaries do not provide apostille certificates to customers An apostille cannot be issued unless the document is notarized 1. Notaries do not issue apostilles The most common misconception is that a Notary can issue customers an apostille for a document on the spot. That’s not true, Metayer says. An apostille confirms that the Notary’s commission is valid on notarized documents sent to foreign countries. The notarized document must be submitted to an appropriate state government agency in order to have an apostille attached. Notaries offering apostille services are paid a fee by customers to deliver the notarized document to the government agency that issues apostilles. 2. Notaries do not provide apostille certificates to customers Customers may also ask if Notaries can provide an apostille certificate for the customer to attach themselves. Again, because Notaries do not have the authority to issue apostille certificates, they cannot provide these certificates to customers. 3. An apostille cannot be issued unless the document is first notarized An apostille cannot be issued if there is no notarization on the document. If a document needs to be notarized, it can be done by the Notary offering apostille services, but this is not a requirement. A different Notary can perform the notarization before the apostille is requested. Finally, remember any notarization will be reviewed carefully Whoever notarizes a document that needs an apostille, it’s very important that the document is notarized correctly and all rules are followed, Metayer cautioned. The receiving country will review the document to confirm everything is correct and has the right to reject the document if the notarization was not done properly.

It can be tough to find customers for your Notary business in today's challenging economy. We asked Notaries on Facebook about the best ways to find new signers and expand their customer base. They recommended the four approaches below: Advertise through word of mouth Referrals from current customers Offer discounts to signers Always answer phone calls for Notary services 1. Advertise through word of mouth Many Notaries agreed that getting the word out in your community is one of the best ways to find new customers. If someone needs a notarization but aren’t sure where to go, word of mouth about your business can be key to getting signers to come to you first. “I opened a small coffee shop and one of the first things I did was become a Notary and put a sign in the window,” said Monica Lynn Nava. She also let her neighbors and local banks know that she was available for Notary services, which she said helped her business a lot. Posting your business information online and through social media is another good way to get business, but you don’t have to stop there. Simone Tackett left business cards in books on the shelf at her local public library (“It’s different, but it has brought me a lot of business,” she said) while others display license plate covers or car magnets advertising Notary services. “I connected with a lot of neighbors this way and two are attorneys,” said Notary Phil Wilson. 2. Referrals from current customers Other Notaries said that providing a good customer experience is always important, because those customers in turn will refer other people to your business. In fact, Alexis Ronieshia Thrash said that most of her new clients come from referrals from repeat customers. So how do you get those referrals? Coryna Magana recommends Notaries keep up with continuing education about their duties and build a good rapport with signers during assignments. Phil Wilson added that attorneys and real estate professionals are a great source of referrals once you show them you can provide quality Notary services. 3. Offer discounts to signers A simple way to build a good reputation for your Notary business is discounts for new customers. Frank Quezada said that he regularly offers discounts or free notarizations for older signers, and they frequently refer him to additional new customers. “Give a little, and you get a little,” he said. 4. Always answer phone requests for Notary services Finally, Notaries said it’s important you answer every phone call requesting your Notary services — if you don’t reply, new customers won’t come back. “I always answer the phone or call back right away if I have missed the call,” said Martina Tasevska. If you can’t get to the phone because you’re in the middle of another assignment, be sure to let other customers know, said Linda K. Evans. “I have my business connected to Apple Watch, then I don’t miss calls and they get a message that I’m with a client,” she said. Have you tried other ways to find new Notary customers? Share your tips and stories in the comments section below.