WHAT ARE THE MOST COMMON MISTAKES MADE BY A NOTARY
Notaries play a crucial role in verifying and certifying the authenticity of documents. However, like any profession, notaries can make mistakes. Some common errors made by notaries include:
Failure to Verify Identity: Notaries must confirm the identity of the individuals involved in a transaction. Failing to adequately verify the identity of signers is a common mistake.
Incomplete Notarial Certificates: A notarial certificate should contain all necessary information, including the date, names of signers, the notary's signature, and the official seal. Incomplete or missing information can invalidate the notarization.
Expired Notary Commission: Notaries must ensure that their commission is current and valid. Performing notarial acts with an expired commission is a serious mistake and can lead to legal consequences.
Failure to Record Transactions: Some jurisdictions require notaries to keep a record of the notarial acts they perform. Neglecting to maintain proper records can be a violation of regulations.
Lack of Objectivity: Notaries should remain impartial and not have a personal interest in the transaction. Any personal or financial interest in the document being notarized can compromise the notary's integrity.
Incorrect Notarial Act: Notaries must be familiar with the specific notarial acts required for different documents. Using the wrong notarial act or procedure is a common mistake.
Failure to Confirm Capacity: Notaries should confirm that the individuals signing the document have the mental capacity to understand the transaction. Failing to assess the signer's capacity is an important oversight.
Incomplete Notary Journal Entries: In jurisdictions where notaries are required to keep a journal, incomplete or inaccurate entries can lead to issues. The journal should reflect a clear record of each notarial act.
Use of an Expired Notary Seal: The notary's seal must be current and should not be used after the expiration of the commission. An expired seal can invalidate the notarization.
Failure to Follow State-Specific Rules: Notary regulations vary by state, and notaries must be aware of and adhere to the specific rules and requirements in their state.
It's important for notaries to stay informed about the laws and regulations governing their practice and to continuously educate themselves to avoid these common mistakes. Regular training and awareness of changes in notarial laws are crucial for maintaining professionalism and integrity in the role of a notary.