Notarizing on the Job: Don'ts
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- Опубликовано: 24 авг 2020
- Work in an office as a Notary? Learn what you cannot do even if your boss asks. Learn more: bit.ly/NotarizingOnTheJob.
Protecting your seal and journal from potential misuse is an important part of your duties. In part 2 of this series, Notary Public & Professor of Law Emeritus Michael Closen and Notary Public & Corporate Notary Supervisor Kelcia Cannon outline what Notaries and employers cannot do in the workplace.
00:08 - 11:28 | What Notaries Can't Do
11:30 - 19:20 | What Employers Can't Do
19:22 - 29:35 | What Notaries Should Do
29:38 - 35:30 | Q&A
Watch part 1 here: • Notarizing on the Job:...
To learn more about notarizing on the job, head over to our Notary Bulletin here: bit.ly/NotarizingOnTheJob.
To purchase Michael Closen's book, please visit: bit.ly/ProfessorClosenBook.
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I really wish the guy was shown more respect. He could barely get a word in. Anyhow, thanks for posting an informative video
This was driving me nuts.
I love how rude she is 😂😂😂 (not really) she keeps cutting him off and invalidating his ideas/points. Great information though. Best video I’ve seen by far.
Thanks for watching!
Exactly
You are right!
I saw it as just the opposite. He kept talking over and cutting her off to get his 2 cents in. This would have been better as one instructor, not as a team.
I took my notary exam this morning and will be waiting (2 weeks!) for the results. The information put out by the NNA is invaluable! Thank you so much for the continuing education so notaries can stay informed and remain compliant.
Best of luck, Daniel! Thank you for the positive feedback.
Most likely, You'll get your results before then.
Love the tag team style of teaching.
Thanks for watching!
Let me tell you a hair-raising story about my brief employment as an employee at a daily newspaper in Middletown, NY. I was the obituary clerk, in the classified dept., and there were a bunch of girls in nearby stalls working legal ads all day long. They were always talking about the affidavits to be filled out, so I innocently asked to see one of these instruments, and immediately asked who the notary was, because I had never seen one come through. The legal clerks looked at me like I had two heads. I clarified, "this person who signed under the words 'sworn before me.'" These girls had never met her. Turns out the notary was the publisher's secretary, too lazy to perform her commission, and had allowed a BLANK affidavit with her seal to be run off wholesale on the office copy machine. The legal clerks pointed to a box under the copier, basically an entire crate with five reams full of blank instruments. The copier was top-notch, so it was difficult to distinguish these forgeries from the real thing (although each one was exactly the same). I told the clerk that each one she filled out was a felony, to which she replied "look, we've been doing it this way for a long time, and if you make trouble about it, you're gonna be fired." When I was hired three months earlier, I was required to read (and sign) a "Dow Jones Code of Conduct," which stated that if I witness anything illegal going on, it is my duty as an employee to do something about it. The Code went on to explain that the newspaper business relied on everyone being trustworthy & reputable, and cannot function in that capacity otherwise (paraphrasing, but the Code remains referenced online). Human Resources told me that the notary was aware and that it's okay for her to lend out her credentials (which I knew was BS). I then wrote a memo to the publisher, the editor-in-chief, and a few other internal bigshots, which got me escorted out of the building by security. I then took the matter to the county clerk, the secretary of state, and then the county DA & NY attorney general (Elliott Spitzer, at the time) -- all of whom refused to take action. The county sheriff agreed I was right, but only used the info against the newspaper in a political reelection debate. By my estimate, tens of thousands of "affidavits," with forged verifications, were filed each year, for multiple decades, tainting all kinds of important legal matters and proceedings. I'm pretty sure this newspaper still practices the same way, because they got away with it, nobody cared, and none were ever held accountable. The notary resigned her commission, which kept her from being punished. In fact, I'd be willing to bet that EVERY major daily newspaper acts in the same manner, having clerks verify their own signatures, and failing to keep notary journal records. Only the editorial department was unionized (as opposed to classified/advertising dept.), and NY is an "at-will" state, that's what I was told at the time. Turns out I was right, but everyone responsible refused to do the right thing about any of it. What else could I have done?...
Wow, that's pretty messed up that nobody wanted to punish the wrong-doers. It sucks when we witness a crime or abuse of some kind and turn them in only to be ignored or blown off. Me and my mum are going through something similar right now with Animal Control and our neighbor who refuses to take care of his dog. Animal Control doesn't want to take the guy's dog even though it's been living out in his backyard in a tiny pen for the past eight months. Living right next to his own poop in the muddy pen. The only reason he's not dead is because the neighbor said that my mother could feed and water him when she asked. Then we found out that animal control will NOT take the dog UNLESS he is 24 hours away from death. It's so freaking sad and wrong.
'Notarial'! Finally an instructor who pronounces it right!
Love this book!
This was great to watch and helpful!!
I am loving this channel. I’ve been a notary for four years this year, and there’s so much I didn’t know. So here’s a question that is perhaps something that’s a no brained to most notaries.. if their ID has a old address, do I record that address, the new address, or both?
Thanks for watching! As a standard of care, you can record the current address in your journal and make a note that it is different than that shown on the signer's driver's license.
Great information
Glad you think so!
Thanks
Great information!,
Glad you think so!
Thanks 👍
Thanks for watching!
thx for the information
Thanks for watching!
Still getting through this video but excellent thus far! Hoping to hear more about LSAs being written in (documents) which was glossed over early on, but I'd like to hear how that's different than a common notarization to have a notary/LSA name in the document. Thanks!
I think what is different is that LSAs are not employees of the title or signing companies that they do work with. As opposed to be a employee of a company who have notaries.
Outstanding !
Many thanks!
Excellent information. Thank you.
Thanks for watching!
Thanks for saying domt keep a copy. If employer pays for your commission and supplies do you have to wave fees for notary acts for employees?
Educational check-in 01/16.
Thanks for watching!
Can Paralegals prepare, draft the documents to be notarized?
Is there a book for NY State I can purchase? Do you offer review training?
Newbie Notary Public here. When you say lawful request, what does that look like or consist of?
Hello. In almost every state, you should notarize for anyone who comes to you with a legitimate, legal request for a notarization and presents acceptable identification. Some states have provisions allowing employers to limit staff Notaries to notarizing business-related documents during business hours. www.nationalnotary.org/knowledge-center/about-notaries/what-is-notarization
This article provides examples of illegal requests: www.nationalnotary.org/notary-bulletin/blog/2012/07/avoid-improper-notary-requests
@9:53 ~ I really appreciate all these videos, but with all due respect I absolutely disagree with what this notary supervisor said here. And I have a compelling reason why I feel like it disagreed with her even though she has obviously a vast knowledge and experience being a notary and notary supervisor. Remote Online Notaries save a copy of the ID and a video recording of the entire transaction. I believe some states even require, or allow, these RONs to keep a copy of the documents that were signed. Well I can understand people not wanting you to have a copy of their documents, their ID is much different. So it’s OK for one notary to do it but not another notary? I recently found out how excellent fake IDs are that can be ordered online for about $100. Like they mentioned in this video about the 59-year-old woman who is now bankrupt, you expect me to sacrifice my house, my income tax returns, garnishing my wages, etc. but not to do something simple like keeping a copy of the ID? When somebody goes to a car dealership and buys a car they give the car dealership a copy of their identification. There’s a lot of times I went somewhere and they have copied my ID for the file. Just getting sued in a lawsuit can cost you thousands and thousands of dollars, and that’s even if the notary at wins. So it’s expected that a notary takes on all this liability, for little amount of income (or no income), and they only have a journal as their “protection“? That’s crazy. Sorry.*
What if somebody comes in to get something notarized and they refused to give me their address, They refused to put your thumbprint in a journal, and they even refused to sign the journal. Do you notarize it? According to a lot of these best practices if you’re in a state that doesn’t require a journal entry then you should still complete the notarization because state law has been satisfied by seeing the ID even if that identification doesn’t have an address on it.
Thanks for sharing. Unless state laws specifically requires it for your journal entry, you cannot compel a signer to provide their personal address or a thumbprint for your journal. Article VIII-B-1 of The Notary Public Code of Professional Responsibility provides the following guidelines: “The Notary shall not record a full identification serial or Social Security number, date of birth, or other non-public, personal information in the journal of notarial acts, unless required by law in the state where the Notary is commissioned.”
Hello. These may be off topic no-brainer questions but I still have to ask.
1: Notaries Public may NOT under any circumstance refer persons to attorneys specific, i.e. send business to an attorney. Does this mean that Notaries may not issue business cards of attorneys or law firms or even offer listings of reputable or local legal services of any kind?
2: Advertising and misrepresentation: This is a little ambiguous to me as the Law would suggest that it is a misdemeanor to as much as wear a t-shirt, post an innocuous sticker or anything else using language containing "Notary Public" as long as one is not in fact. Or is this a purely discretionary Law that depends on context rather than content?
Hello. What state are you commissioned in?
@@NationalNotary NY
Will binding a loose notarization to the document with a stapleless stapler make it invalid?
Hello. What state are you commissioned in?
@@NationalNotary new york
How about a Bank employee. Could you notarize a document without asking the signers Present cause you know him as one of your regular customer? Az Bank
Hi Imelda. Properly verifying the identity of signers is one of a Notary’s core responsibilities. Notaries in all states are legally responsible for verifying the identity of their signers for certain notarial acts, and they can risk civil, criminal and administrative liability if they fail to properly do so. More information here: www.nationalnotary.org/notary-bulletin/blog/2015/12/three-ways-notaries-properly-identify-signers
No
NOOOOOOOO
My company takes all the money.
A notary in the local courthouse is taking all the business... doing it all for free. What's up with that?
If their employer paid for their commission they can have them notarize during business hours for free.
He just goes round and round and he is hard to understand. She however get right to the point. I wish she would do all the talking.
That woman is so rude! 😡
She is so rude!
What happens if you lose your journal?
Great question. You should report lost or stolen Notary tools to your local police department as soon as possible, and retain a photocopy of the report. You should also report any missing tools to your state’s Notary regulating agency as soon as possible. More info here: www.nationalnotary.org/notary-bulletin/blog/2015/10/notary-seal-or-journal-go-missing