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Notary Notes

Your Duties When Notarizing

by PAN

The Revised Uniform Law on Notarial Acts (RULONA) provides much more direction than the old notary law regarding the notary's duties when performing notarial acts.

Section 304:  Authority to perform notarial act

As a "notarial officer" (a notary or other individual, such as a judge, who is authorized to perform notarial acts), you may act with the authority given to you by RULONA or by other laws. You are prohibited from notarizing records in which you or your spouse has a direct or financial interest.

No direct or financial interest is indicated if:
  • You or your spouse is a shareholder in a publicly traded company involved in the transaction.
  • You or your spouse is an officer, director or employee of a company involved in the transaction, as long as you or your spouse do not personally benefit from the transaction.
  • You or your spouse receive a fee that is not contingent on completing the notarization.
Section 305:  Requirements for certain notarial acts

This section requires you to determin from personal knowledge or satisfactory evidence of identity that the customer appearing before you has the identity claimed and the signature on the record is the customer's signature. On an acknowledgment, the cusotmer must state that the signature on the record is his or her signature; on a verification on oath or affirmation or on a witnessing or attesting a signature you must see the customer sign the record. To certify a copy, you only need to determine that the copy is a complete and accurate transcription or reproduction of the record.

Section 308:  Authority to refuse to perform notarial act

Deciding whether to refuse service depends on yoru reasonable assessment of the situation. RULONA gives you specific guidance on when it is appropriate to refuse service.

You may refuse service if you are NOT satisfied that:
  • The customer is competent and has the capacity to sign the record.
  • The customer is signing the record knowingly and voluntarily.
  • The customer's signature on the record substantially conforms to the customer's signature (if any) on his or her ID.
  • The customer's physical appearance substantially conforms to the photograph (if any) on his or her ID.
You must not refuse to provide service on the basis of a customer's race, color, national origin, religion, sexual orientation, gender identity (including pregnancy), disability or marital status. 

Section 309:  Signature if individual unable to sign

This section is reserved (i.e., a placeholder) in RULONA.

Section 329.1:  Fees of notaries public

The Department fixes notarial fees by regulation. You cannot charge or receive a fee in excess of the amount specified by the Department for the notarial act. Notarial fees must be stated separately from any administrative or clerical fees you may charge.

Unless you choose to waive the fee, you must display your fees in a conspicuous location or provide a list of fees, on request, to the customer.

Notary fees belong to you, not your employer, unless you agree on how fees will be handled in advance.
  

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