More Than Witnessing Signatures
You may be convinced that your only purpose as a notary is to simply witness customers' signatures. And you would be very wrong.
In an article dated July 31, 2008, Marc L. Aronson, PAN president and CEO was quoted on "why do we notarize documents?"
"Chief among the reasons to have certain documents notarized is that having a document notarized is a deterrent to fraud. Getting agreements notarized adds a layer of verification that the people who signed the document are the people they say they are."
This philosophy of the importance of notarization continues to resonate in 2018. Every step of the notarial process is an important component to preventing fraud.
Step 1: Demand the personal appearance of each customer. There is an exception to the personal appearance mandate: when a customer wants a certified copy.
Step 2: As an appointed public official acting as an impartial witness, it is your responsibility to properly identify your customer. By properly identifying your customer, you as a notary, help defend against fraud.
There are several ways to determine your customer's identity:
Personal knowledge - you know your customer as a friend, co-worker, neighbor or relative. Your personal knowledge of your customer serves as proper identification because you are absolutely sure of who your customer is.
Satisfactory evidence - there are two types of satisfactory evidence: acceptable identification and credible witness. Acceptable identification is a form of government ID that is current and contains a siganture or a photograph, such as a driver's license; non-driver ID card issued by a U.S. state or territory or a state or territory of Canada or Mexico; passport or passport card, ID card issued by any branch of the U.S. armed forces, inmate ID card issued by the Department of Corrections, ID card issued by the U.S. Department of Homeland Security, Medicare card, or Pennsylvania state and state-related university ID card.
If your customer cannot provide an acceptable ID card, then you can rely on the testimony of a third person known as a credible witness. A credible witness must be personally known to you, must personally know your customer and must appear before you with the customer present.
We've written about properly identifying your customers and the ways to accomplish this in past issues of Notary Notes. But it's important to reiterate how this ties in to preventing fraud.
Notary acts and how they help prevent fraud
When a customer hands you a document to notarize, you do not have to read it word for word, but it is important to scan through the document to determine if it has blank spaces. If you find blank spaces, have the customer draw lines through them and initial the changes. This way, no extra names or information can be added fraudulently after the notarization is completed.
When the customer needs a verification on oath or affirmation, the customer must take an oath or affirmation and sign the document in front of you. This notary act is a declaration made by the customer that a statement in the document is true. You watch your customer sign the document and compare the signature on the document to the signature on the ID, if there is a signature on the presented ID.
An acknowledgment is typically required on a document that is recorded or placed in the public record, such as a mortgage, deed, will, and power of attorney. It is a declaration made in your presence by the customer who signed the document and declares to you, in person, that he or she did sign or is about to sign and knew what he or she was doing at the time. A written acknowledgment, completed by you, confirms the individual's identity and intention to sign the document.
Even the notary act of witnessing or attesting a signature is, in itself, a deterrent to fraud. A document that requires a signature that needs witnessed or attested may not be signed before the notarization. You must compare the witnessed or attested signature to the signature on the cutomer's ID, if there is a signature on the presented ID. The customer appears before you to have this completed.
Your journal
Your notary journal is your best defense against an accusation of fraud. Complete a separate and chronological entry for every notary act you perform. In doing so, you will be able to provide written proof that you fulfilled your notarial duties to the best of your abilities and according to the notary law.
You are the first defense against fraud
While it may seem that your notary duties consist of signing and stamping, just remember, every aspect of the notarial process helps defend against fraud.
In an article dated July 31, 2008, Marc L. Aronson, PAN president and CEO was quoted on "why do we notarize documents?"
"Chief among the reasons to have certain documents notarized is that having a document notarized is a deterrent to fraud. Getting agreements notarized adds a layer of verification that the people who signed the document are the people they say they are."
This philosophy of the importance of notarization continues to resonate in 2018. Every step of the notarial process is an important component to preventing fraud.
Step 1: Demand the personal appearance of each customer. There is an exception to the personal appearance mandate: when a customer wants a certified copy.
Step 2: As an appointed public official acting as an impartial witness, it is your responsibility to properly identify your customer. By properly identifying your customer, you as a notary, help defend against fraud.
There are several ways to determine your customer's identity:
Personal knowledge - you know your customer as a friend, co-worker, neighbor or relative. Your personal knowledge of your customer serves as proper identification because you are absolutely sure of who your customer is.
Satisfactory evidence - there are two types of satisfactory evidence: acceptable identification and credible witness. Acceptable identification is a form of government ID that is current and contains a siganture or a photograph, such as a driver's license; non-driver ID card issued by a U.S. state or territory or a state or territory of Canada or Mexico; passport or passport card, ID card issued by any branch of the U.S. armed forces, inmate ID card issued by the Department of Corrections, ID card issued by the U.S. Department of Homeland Security, Medicare card, or Pennsylvania state and state-related university ID card.
If your customer cannot provide an acceptable ID card, then you can rely on the testimony of a third person known as a credible witness. A credible witness must be personally known to you, must personally know your customer and must appear before you with the customer present.
We've written about properly identifying your customers and the ways to accomplish this in past issues of Notary Notes. But it's important to reiterate how this ties in to preventing fraud.
Notary acts and how they help prevent fraud
When a customer hands you a document to notarize, you do not have to read it word for word, but it is important to scan through the document to determine if it has blank spaces. If you find blank spaces, have the customer draw lines through them and initial the changes. This way, no extra names or information can be added fraudulently after the notarization is completed.
When the customer needs a verification on oath or affirmation, the customer must take an oath or affirmation and sign the document in front of you. This notary act is a declaration made by the customer that a statement in the document is true. You watch your customer sign the document and compare the signature on the document to the signature on the ID, if there is a signature on the presented ID.
An acknowledgment is typically required on a document that is recorded or placed in the public record, such as a mortgage, deed, will, and power of attorney. It is a declaration made in your presence by the customer who signed the document and declares to you, in person, that he or she did sign or is about to sign and knew what he or she was doing at the time. A written acknowledgment, completed by you, confirms the individual's identity and intention to sign the document.
Even the notary act of witnessing or attesting a signature is, in itself, a deterrent to fraud. A document that requires a signature that needs witnessed or attested may not be signed before the notarization. You must compare the witnessed or attested signature to the signature on the cutomer's ID, if there is a signature on the presented ID. The customer appears before you to have this completed.
Your journal
Your notary journal is your best defense against an accusation of fraud. Complete a separate and chronological entry for every notary act you perform. In doing so, you will be able to provide written proof that you fulfilled your notarial duties to the best of your abilities and according to the notary law.
You are the first defense against fraud
While it may seem that your notary duties consist of signing and stamping, just remember, every aspect of the notarial process helps defend against fraud.
