Law Practice: Essential For Notary Aspirants?

Becoming a notary public is a great way to earn extra income, and notaries are in demand in many industries, including finance, law, healthcare, and education. However, the requirements to become a notary vary across different states. In California, for instance, you must be 18 or older, a legal resident of the state, complete a course approved by the Secretary of State, pass a written examination, and clear a background check. In Texas, you must be a resident of the state, be 18 or older, and not have any final convictions for a crime involving moral turpitude or a felony. While the role of a notary does not require you to practice law, it is important to note that unless a notary is also a licensed attorney, they cannot give legal advice or accept fees for legal advice.

Notaries cannot draft documents, but there are exceptions

In most cases, a notary cannot draft documents. Doing so may be considered the unauthorized practice of law. However, there are exceptions to this rule.

Firstly, notaries who are also attorneys may draft documents. Additionally, notaries who draft documents as part of their employment, such as paralegals working under the supervision of an attorney, may do so. In such cases, the notary can also notarize these documents, provided they do not receive additional compensation beyond their regular salary and the statutory notarial fee.

In some states, non-lawyer notaries can act as typists and fill out approved government forms with information provided by their clients. They can also notarize these documents. However, they cannot advise clients on how to complete documents and, in most states, cannot tell clients which type of notarial certificate is necessary.

It is important to note that notaries must not notarize any documents in which they have a financial interest, as this would be considered unethical.

As state laws vary, it is always advisable to consult the specific laws of your state.

Notaries cannot give legal advice unless they are licensed attorneys

While notaries play a part in the execution of important documents related to home mortgages, car loans, and estate planning, they are not qualified to provide legal advice unless they are licensed attorneys. The duties of a notary public are clearly defined by statute, and any action taken outside of their role may be considered the unauthorized practice of law. This is a fine line, as many of the documents that require notary services are legal in nature. So, what exactly does this mean?

Notaries are prohibited from giving their opinion on a document or transaction, even if they are not intentionally trying to offer legal advice. They are also not allowed to assist in drafting or preparing a legal document, as this should always be done by an attorney. Explaining the document or the consequences of signing is also off-limits for notaries, as any questions about the content should be directed to an attorney or the drafting party. Notaries are permitted to inform signers of their options and what these options entail, but they cannot advise on which notarial act would best suit their circumstances or intentions. Implying that a notary has more power than they do is also illegal, as is collecting attorney's fees for their services.

To avoid being accused of offering legal advice, notaries should set proper expectations with signers, clearly explaining their role and what they can and cannot do. They can refer signers to an attorney if they have questions or want to know more about the legal impact of the document they are signing.

Notaries are appointed by their state's commissioning authorities

In the United States, notaries are appointed by their state's commissioning authorities, such as the governor, lieutenant governor, secretary of state, or even the state legislature. The role of a notary public is to serve the public as an impartial witness when important documents are signed. As a state officer, a notary's duties may vary from state to state, and they are typically barred from acting outside their home state unless they have a commission there.

The process of becoming a notary public and the eligibility requirements differ across states. In 32 states, the main requirements are to fill out a form and pay a fee. Many states restrict individuals with criminal histories from becoming notaries, and some states require notaries to take a course or pass an exam. For example, in California, applicants must complete a mandatory six-hour course of study before sitting for the notary exam.

Once commissioned, a notary public can perform notarial acts within their state of commission. Some states issue a commission "at large," without specifying the county, while others require the notary to include the county of issue on their seal or jurat. Additionally, some states have reciprocity agreements, allowing notaries commissioned in one state to also act as a notary in a neighbouring state.

Notaries must pass a background check

To become a notary, you must pass a background check. This is because notaries often deal with personal, private, and confidential client information, so a background check is necessary to ensure security measures and put clients at ease. This is especially important when dealing with real estate and financial loan paperwork.

The background check includes a criminal record check and a credit check. Some states may not allow those with a felony on their record to become a notary, though some states may allow a criminal record as long as it does not include a felony charge or conviction. For example, to become a notary, you cannot have a felony conviction for a crime that involves moral turpitude. In addition, motor violations are also considered during a background check, including a suspended driver's license and other infractions.

All applicants are required to disclose on their application any arrests for which the trial is pending and all convictions. Some common disqualifying convictions include arson-related offenses, carrying a concealed weapon, discharge of a firearm in a public place, possession of drugs for sale, fraud, theft, and threats to commit a crime involving death or great bodily injury.

In addition to the initial background check, existing notaries should undergo annual screenings to determine whether or not they remain eligible for employment. These annual screenings search for more than 100 possible offenses, and each offense is assigned a specific point value. Once all offenses are scored, a final value is assigned, and the notary is given a Pass or Fail result.

Notaries must purchase a surety bond

A notary surety bond is a type of insurance that protects the public in case the notary makes a mistake while performing their duties. The bond ensures that the notary will fulfil their obligations and follow the law, providing financial compensation if any issues arise from their actions.

In the state of Washington, a $10,000 notary public bond is required for all individuals applying for a notary certificate. This bond must be filed with the Department of Licensing before an appointment as a notary public can be made. The bond covers a four-year term, and it is recommended that notaries also purchase Errors and Omissions (E&O) insurance to protect their personal financial assets.

The process of obtaining a notary bond in Washington involves sending an email to the state broker to request access to the website for issuing the bond. Once access is granted, the notary can complete the necessary steps to issue the bond. The cost of the bond is $50, and it cannot be cancelled or refunded during the four-year term.

In Texas, a $10,000 surety bond is also required as part of the process to become a notary public. This bond must be submitted to the secretary of state, along with a completed Form 2301 and a $21 filing fee. The surety bond is also necessary for renewing a notary public commission.

Frequently asked questions