Key Takeaways
- Always verify identity through proper methods
- Never notarize without the signer physically or virtually present
- Decline notarizations when something seems wrong
- Keep accurate records of all notarial acts
- Know your limitations and refer legal questions to attorneys
Avoiding Misconduct
The best way to avoid disciplinary action is to prevent misconduct before it happens. This section provides practical guidance for maintaining proper notary practice.
Prevention Strategies
Always Follow Proper Procedures
| Procedure | Why It Matters |
|---|---|
| Verify identity | Prevents fraud, protects all parties |
| Require personal appearance | Fundamental requirement |
| Use correct certificates | Matches act to documentation |
| Complete all entries | Creates proper record |
| Apply seal properly | Authenticates the notarization |
Know Your Limits
| Your Limit | Proper Response |
|---|---|
| Legal questions | "Consult an attorney" |
| Unfamiliar documents | Research or decline |
| Suspicious situations | Decline and document |
| Pressure to violate rules | Firmly refuse |
When to Decline a Notarization
You should decline a notarization when:
| Red Flag | Reason to Decline |
|---|---|
| Signer not personally present | Fundamental violation |
| Cannot verify identity | No satisfactory evidence |
| Signer appears coerced | Not voluntary signature |
| Signer appears incompetent | Cannot understand act |
| Financial interest conflict | Your involvement creates conflict |
| Document seems fraudulent | Potential criminal activity |
| Something "feels wrong" | Trust your instincts |
How to Decline Professionally
What to say:
- "I'm sorry, but I'm not able to complete this notarization because..."
- "The law requires [specific requirement], which isn't met here."
- "I would be happy to help once [specific requirement] is satisfied."
What NOT to say:
- Nothing that implies wrongdoing without evidence
- Nothing that could be defamatory
- Nothing that guarantees the document is fraudulent
Record Keeping Best Practices
Even though traditional journals aren't required:
| Practice | Benefit |
|---|---|
| Keep a journal | Creates evidence of proper procedure |
| Record all details | Helps recall specific notarizations |
| Note unusual circumstances | Documents your observations |
| Store securely | Protects privacy, preserves records |
Continuing Education
Even after your initial training:
| Activity | Benefit |
|---|---|
| Read SOS updates | Stay current on law changes |
| Review procedures | Reinforce proper practice |
| Join professional organizations | Access to resources and support |
| Attend refresher training | Keep skills sharp |
Handling Pressure
From Employers
If an employer pressures you to:
- Skip identification verification
- Notarize without personal appearance
- Backdate documents
- Perform other violations
Response: Firmly refuse. Explain the legal requirements. If pressure continues, document the interaction and consider reporting.
From Signers
If signers pressure you to:
- Rush the process
- Accept questionable ID
- Skip required steps
Response: Explain why the requirement exists. Offer alternatives if possible. Decline if requirements cannot be met.
From Others
If anyone (attorneys, real estate agents, family) pressures you:
- Remember: You alone are responsible for your notarial acts
- No one can authorize you to violate the law
- Consequences fall on you, not them
Common Mistake Prevention
| Common Mistake | Prevention |
|---|---|
| Wrong certificate type | Always verify which act is needed |
| Missing seal | Check every certificate before releasing |
| Incomplete entries | Review all blanks before notarizing |
| Not witnessing signature (jurat) | For jurats, always watch the signing |
| Accepting expired ID | Check expiration (within 3 years) |
If You Make a Mistake
Discovered Immediately
| Action | When |
|---|---|
| Correct the error | If document still in your possession |
| Initial the correction | Show it was intentional |
| Do NOT use white-out | Never acceptable |
| Document in journal | Note what was corrected |
Discovered Later
| Action | When |
|---|---|
| Consult SOS | If unsure how to proceed |
| Do NOT alter documents | That have left your possession |
| Cooperate with investigation | If one occurs |
| Seek legal advice | If needed |
Building Good Habits
| Habit | Result |
|---|---|
| Take your time | Fewer errors |
| Follow checklist | Nothing missed |
| Ask questions | Clarity before acting |
| Stay current | Know latest requirements |
| When in doubt, don't | Better to decline than violate |
On the Exam
Key prevention points:
- Decline when unsure: Better to decline than violate
- Follow procedures: Every time, no shortcuts
- Know your limits: Refer legal questions elsewhere
- Keep records: Protection for future questions
- Trust your instincts: If something feels wrong, don't proceed
A real estate agent pressures you to backdate a notarization because "the deal will fall through otherwise." What should you do?
What is the best approach when a notarization situation "feels wrong" but you cannot identify a specific violation?