NOTARIAL GUIDE

“THINGS TO DO AND NOT TO DO”

Please note that this brief guide is not comprehensive.

THINGS TO DO

Before performing notarial duties, take the oath of office, which is then filed with the Secretary of State.
Sign your name to each document that you notarize.
Emboss or stamp each document you notarize with your official seal or stamp.
Indicate the expiration date of your commission (required in many states).
Keep a record of every notarization you make (we recommend the use of a notarial record book, which is required in some states), especially every protest of commercial paper. Be prepared to testify in court.
In the event of your resignation, removal from office, or other termination of your duties, deposit your records with the designated state official responsible. Penalties for non-compliance vary by state.
Contact the appropriate office in your state for more information. Rules and regulations vary by state and are subject to change.

Do not practice law, as defined by the courts of various states, unless you are an attorney. The drafting of legal advice for hire is construed to be practicing law.
Do not act as a notary in any matter in which you are personally interested, either financially or as a member of a corporation.
Do not charge more than the authorized amounts set forth by statute.
Do not certify to an acknowledgement of an instrument without personal knowledge as to the identity of the party, and without careful investigation of his/her identity. Failure to do so is negligence, and you may be liable for all damages resulting from such negligence.
Do not act as a notary until you have received your commission from the State.
Do not certify the affidavit of a person without administering the oath. Penalties can include fine, imprisonment, and removal from office.
Do not perform any notarial acts after your term of office expires.