Updated 10-16-23. There are times when a signer urgently needs a notarization, but cannot appear in person before the Notary due to unusual circumstances such as a medical or family emergency. If this happens, some states permit the signer to sign the document in the presence of a witness. The witness — not the signer — then appears before the Notary. The Notary identifies and administers an oath to the witness. Then, the witness signs the document. Based upon the witness’s oath, the Notary performs the notarization. This is called a “proof of execution by subscribing witness.” But there are restrictions and specific requirements for this act. Here’s what you need to know. Restrictions on proofs The most important thing to remember is that proofs of execution are one of the only times a document signer does not appear before a Notary to have their signature notarized. While you must be careful when performing any notarization, this is even more important when you perform a proof. Not all states allow Notaries to perform proofs; sometimes Notaries aren't even aware that they are permitted to do so. This is often because the rules for proofs of execution are sometimes included in real estate statutes or some other obscure part of state laws rather than in state Notary statutes. Because the signer is not present, states often have strict criteria for using proofs of execution by subscribing witnesses. Here are some examples: California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary. In Texas, the subscribing witness must either be personally known by the Notary or be identified by a credible witness. In North Carolina, a subscribing witness cannot be a grantee or beneficiary of the document that is being notarized. In Pennsylvania, the subscribing witness must be an attorney licensed in Pennsylvania. In Tennessee, two subscribing witnesses are required. Georgia and Washington, however, do not authorize proofs of execution by subscribing witnesses. While there is no mention of proofs in Florida Notary law, the state’s real estate law technically permits proofs. But there is no information in the law, rules or Notary handbook about how to perform a proof. Always check your own state’s rules first before accepting a request to perform a proof of execution. Real estate documents and proofs Due to risk of fraud, California prohibits its Notaries from performing a proof of execution on powers of attorney, on documents requiring a thumbprint in the Notary’s journal or on any instrument affecting real property. Certain real property documents — decrees of foreclosure, non-judicial foreclosures under California Civil Code 2924 or deeds of reconveyance — are exempt. Conversely, Oregon law permits proofs of execution to be used only for certain real estate transactions, but state officials recommend that Oregon Notaries consult with the Real Estate Division if it comes up. Proofs in the workplace Some employers ask Notary employees to perform proofs of execution as an easy alternative to appearing in person as a convenience for themselves or clients. While it can be argued that there is no reason the boss or the client couldn’t go to a Notary themselves, state laws governing proofs allow this practice. If you are asked to perform a proof of execution by your boss, be sure to confirm that your state permits the act. If you are allowed to perform a proof of execution and the subscribing witness meets all the requirements, you can proceed. Also, you might gently make the case to your boss why it’s a good idea for signers to be present and suggest that failing to require the signer to personally appear is one of the most common causes of Notary-related lawsuits. A final note Because the requirements for proofs can be highly technical, you should only perform them if you are familiar with them and understand what is required. If you are not familiar with proofs, it is okay to refuse a request to perform one.

Updated 10-16-23. Notaries starting or expanding a new business often don't have a lot of money to spend on marketing. Here are easy, low-cost ways to advertise from successful Notaries that can help you. No budget = no problem Marketing funds may be nonexistent when you're just starting out. However, technology has managed to even the playing field when it comes to creating effective, do-it-yourself marketing strategies. Website Builders: Free online website builders like WordPress make it easy to create an internet presence for your business, says South Carolina Notary Sonita Leak, who also uses online marketing for her Notary business. Online Classified Ads: Colorado Notary David Harper was able to grow his company using Craigslist, and recommends renewing your Notary ad every 48 hours to draw in new business. Notary Directories: If you are an NNA Certified Notary Signing Agent, you automatically receive a free directory listing on SigningAgent.com to advertise your Sigining Agent business. Subscribing to FindANotary.com can also help Notaries connect with customers seeking general notarization services. Social Media: Create a Facebook business page separate from your personal one, and use platforms such as Twitter and LinkedIn to promote your business. Old-Fashioned Networking: Joining professional associations and participating in local events through your church or chamber of commerce are great ways to network with other Notaries and connect with potential customers. Testimonials and Word-of-Mouth: Solicit feedback reviews from your clients and ask them to share their positive experiences working with you. Hand out extra business cards for them to pass on to friends and colleagues. Working on a shoestring budget A limited marketing budget can yield maximum results if you are strategic in how and where you spend your money. Business Cards: Sites like VistaPrint make it simple to design and print affordable, professional-looking business cards. Take it a step further by creating uniquely shaped cards, like Virginia Notary John Cole, who uses a circular card in the shape of a Notary seal. Promotional Items: A pen, magnet, calendar or other give-away tchotchke can be effective if: (a) your brand and contact information is prominently displayed; and (b) it's an item that people will actually use — preferably again and again. A bulkier marketing budget Having more funds to invest in marketing can allow for even more creativity. Car Decal: California Notary Laura Biewer scores "drive-by" business with her car decal emblazoned with her company name, At Your Service Mobile Notary. Google auto decal or vehicle graphics companies in your area for pricing. Professional Website: If you lack the skills, time or desire to create your own, hiring a professional website designer can ensure your site functions exactly how you want it to. Make sure it allows for easy updating, so you can keep your site content fresh and appealing. Designer Logo: Having a professional create a unique logo for your company can lend more credibility to your Notary business brand — and a particularly creative or attractive design may help attract new business.

Updated 10-16-23. Many people — including Notaries — often have mistaken ideas about what a Notary Signing Agent is and what they can and cannot do. Here are 4 common misconceptions, along with facts to clear up any misunderstandings. 1. Misconception: Notary Signing Agents are just Notaries Fact: Notary Signing Agents perform several additional non-notarial duties in addition to notarizing signatures on loan documents. A Signing Agent must print the loan document package for signing by the borrower and leave a second set with the borrower, make sure the borrower signs and initials non-notarized documents in a loan document package and deliver the completed loan package to the lender or title company. 2. Misconception: Notary Signing Agents can operate unrestricted everywhere Fact: Notary Signing Agents must hold additional qualifications in some states and face restrictions in others. For example, Indiana and Maryland require Signing Agents to hold a title insurance producer license in order to conduct loan closings. Nebraska prohibits Notaries from charging ancillary fees such as courier fees. Other states, such as Delaware, Georgia, South Carolina and Vermont, require closings to be conducted by an attorney. 3. Misconception: A Notary commission is all you need to be a Notary Signing Agent Fact: While a Notary commission is required to be a Signing Agent, most companies require Signing Agents they hire to undergo a background screening because they routinely conduct loan signings in borrowers’ homes and handle borrowers’ personal financial information. Companies may also require Signing Agents to take additional training as well. 4. Misconception: Signing Agents are subject only to state Notary laws Fact: As third-party service providers for mortgage lenders and title companies, Signing Agents also must comply with the same federal privacy rules that lenders and title companies must follow, including but not limited to the Gramm-Leach-Bliley Act, the Truth In Lending Act and the USA PATRIOT Act.