Key Takeaways
- Always verify identity using acceptable methods
- Never notarize for someone not physically present (except proper RON)
- Refuse to notarize if you have any doubts
- Keep accurate and complete journal records
- Never provide legal advice or prepare legal documents
Last updated: January 2026
Best Practices to Avoid Misconduct
Proactive compliance helps notaries avoid problems. Follow these best practices to maintain an ethical and successful notary practice.
Identity Verification Best Practices
| Practice | Implementation |
|---|---|
| Check ID carefully | Examine security features |
| Compare photo | Ensure photo matches signer |
| Check expiration | Must be current or expired within 1 year |
| Look for alterations | Any signs of tampering? |
| Document in journal | Record ID type and method |
Personal Appearance Best Practices
| Practice | Implementation |
|---|---|
| Signer present | Must be physically before you |
| No phone notarizations | Never notarize based on phone call |
| No mail-in | Documents cannot be mailed for notarization |
| RON procedures | Follow all rules for remote notarization |
Journal Best Practices
| Practice | Implementation |
|---|---|
| Record immediately | Don't wait to make entries |
| Be complete | Include all required information |
| No white-out | Cross out errors with single line |
| Secure storage | Lock up journal when not in use |
| Backup electronic | Maintain backup of e-journals |
Refusing Notarization
When to Refuse
| Situation | Action |
|---|---|
| Suspicious ID | Politely refuse |
| Signer appears coerced | Refuse |
| Blank or incomplete document | Refuse or ask to complete |
| You have financial interest | Refuse |
| Cannot communicate with signer | Refuse |
| Any doubt about transaction | Refuse |
How to Refuse
| Step | Description |
|---|---|
| Be professional | Remain calm and courteous |
| Explain reason | State why you cannot notarize |
| Suggest alternatives | Direct to another notary if appropriate |
| Document | Consider noting refusal in journal |
Avoiding Unauthorized Practice of Law
| Do | Don't |
|---|---|
| Complete notarial certificate | Choose documents for clients |
| Explain notary procedures | Explain legal effects |
| Identify yourself as notary | Claim to be lawyer (unless you are) |
| Refer to attorney | Give legal advice |
Common UPL Pitfalls
| Pitfall | Why It's UPL |
|---|---|
| "This document should work for your situation" | Legal advice |
| "Sign here to transfer ownership" | Explaining legal effect |
| "You need a power of attorney" | Recommending legal action |
| "Let me fill in the blanks for you" | Document preparation |
Stamp and Seal Security
| Practice | Implementation |
|---|---|
| Store securely | Locked drawer or cabinet |
| Don't lend | Never let others use your stamp |
| Report theft | Immediately notify SOS |
| Destroy when expired | Deface or destroy old stamps |
Continuing Education
| Practice | Benefit |
|---|---|
| Stay updated | Know law changes |
| Attend training | Refresh knowledge |
| Join associations | Network and learn |
| Read SOS updates | Official guidance |
Red Flags to Watch For
| Red Flag | Potential Issue |
|---|---|
| Unusual urgency | Possible fraud |
| Reluctant signer | Possible coercion |
| Identity concerns | Possible impersonation |
| Incomplete documents | Improper notarization |
| Requests to backdate | Fraud |
| Unusual requests | Trust your instincts |
On the Exam
- When in doubt: Refuse the notarization
- UPL: Never give legal advice
- Journal: Record every notarization immediately
- Red flags: Urgency, coercion, identity issues
- Security: Keep stamp and journal secure
Test Your Knowledge
A customer asks you to explain what legal effect signing a power of attorney will have. What should you do?
A
B
C
D
Test Your Knowledge
A signer appears nervous and repeatedly looks at someone else in the room before signing. What should you do?
A
B
C
D