of the notary & certifications division of the montana ... · full notarial certificate with a...
TRANSCRIPT
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A Presentation of the
Notary & Certifications Division of the
Montana Secretary of State’s Office
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NOTARIAL ACTS
§51-105 Idaho Code Take ACKNOWLEDGMENTS
Execute JURATS
Witness SIGNATURES
Make and CERTIFY COPIES Note Protests of Instrument
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ACKNOWLEDGMENT“Acknowledged before
me…”
VERIFICATION / JURAT“Signed and sworn to
before me…”
SIGNATURE WITNESS
“Signed before me…”
Signer must personally appear, be properly identified, be competent and willing
Signer must personally appear, be properly identified, be competent and willing
Signer must personally appear, be properly identified, be competent and willing
Requires a signature – not necessarily made in the notary’s presence
Requires a signature – must be made in the notary’s presence
Requires a signature – must be made in the notary’s presence
Signer verbally declares –ACKNOWLEDGES - that the signature is his/hers and was made knowingly & willingly
Notary administers an oath or affirmation (signer swears or affirms contents of document are true under penalty of perjury)Signature made in notary’s presence
Signature must be made in the notary’s presence
Requires a complete notarial certificate substantially in the form in §51-116(1), I.C.
Requires a complete notarial certificate substantially in the form in §51-116(3), I.C.
Requires a complete notarial certificate substantially in the form in §51-116(4), I.C.
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SIX STEPS TO PROPER NOTARIZATION(FOR ACKNOWLEDGMENTS, SIGNATURE WITNESSING, AND JURATS)
Require personal appearance – RULE #1
Review the document
Identify the signer(s)
Determine competency and willingness
Create the journal record
Complete the notarial certificate
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Let Your Journal Be Your Guide
“If you can’t complete the journal entry correctly, odds are you won’t complete
the notarization correctly either!”
VIP
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THREE THINGS TO
DETERMINE
Identity – that the person in your presence is who he/she says they are and is the person who is supposed to sign the document …
Understanding – that the signer understands what the document is and what the implications of the transaction are…
Intent – that the signer is competent and voluntarily signing the document (i.e., not under duress or coercion)
…When Performing Acknowledgments, Jurats and
Witnessing Signatures
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Keys to Establishing Identity1.Personal Knowledge
2.Satisfactory Evidencea.Documentary Proof
1. Signed, pictured, government-issued2. Current or expired less than three years
b.Credible Witness1. Disinterested third party2. Physically present3. Swears to the identity of signer
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Determining Capacity and IntentUsing a standard of “Reasonable Care”
Ask open ended questions
Visit with the signer before beginning the notarization
Remove others if they seem to be exerting pressure
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The certificate must accurately reflect the details of the notarization:
You are responsible for completing a full notarial certificate with a venue, a statement of particulars – which includes the type of notarial act, the date and the name of the signer – your official signature and, your notary stamp.
You must correct any inaccurate information contained in a preprinted notarial certificate or add any missing information
You must indicate the option corresponding to the transaction if the notarial certificate offers options
Your signature must be an original, wet signature and ink or embossed stamp on tangible documents - or your registered electronic signature and stamp for eNotarizations
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State of _____________County of ___________
This record was [signed/acknowledged/signed and sworn to]before me on __________ by _________________________________.
Print name of signer(s)
_________________________Notary Signature
Notarial Certificate
Venue
S. o. P.
Notary’sSignature
Seal/Stamp
VIP
“If the certificate isn’t complete, the notarization hasn’t been done!”
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Dealing with Representative Signers
“Compound Acknowledgments”
Determine the capacity signer is using
Have signer state the official title and authority to sign for entity
Be sure to reference capacity in notarial certificate [§51-116A(4), I.C.]
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State of _____________
County of ___________
This record was signed or acknowledged before me on __________(Date)
by _________________________, acting as the _____________________ (Print name of signer) (Title)
of _________________________.(Name of Entity)
_________________________Notary Signature
Compound Acknowledgment
Venue
S. o. P.
Notary’sSignature
Seal/Stamp
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CERTIFYING COPIESThe attestation by the notarial officer
that the copy of a particular document
is a true, correct, and unaltered image or
reproduction of the original
made by the notarial officer
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SPECIAL NOTES ABOUT CERTIFYING COPIES
Make sure you start with an original document – you cannot make a copy of a copy and certify it to be a copy of the original
A notary may not certify an original document
Montana notaries cannot certify copies of any public document unless they work in the office where the official records are kept
Personal appearance not relevant
There will NEVER be a pre-printed notarial certificate on a copied document (You ALWAYS have to DIY)
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Notarial Certificate for Certified Copy
State of _____________________County of ___________________
I certify that this is a true and exact copy of the _________________________(Type of document)
______________________________________________________(Additional details of document)
made by me on ____________________________________.(Date the copy was made and certified)
(Notary’s Signature)
(Stamp)
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If all you do is sign your name and affix your stamp to a
document without making sure a full notarial certificate is
completed, you are committing notarial malpractice.
And if you fill in the blanks of a preprinted notarial certificate without carefully reading and understanding what it says, you are dancing on a tightrope over shark-infested water.
WARNING
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How do you know what notarial act to perform when
somebody asks you to:
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FIRST - LOOK ON THE DOCUMENT!
Does the document call for, or have, the signature of the person appearing before you on it?
Are there instructions included with the document that indicate what you are supposed to do?
Is there a notarial certificate pre-printedon the document?
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ACKNOWLEDGEMENTS
SIGNATURES
JURATS
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Second - Ask the customer
If your customer can tell you what type of notarial act is needed, you can affix or attach an appropriate notarial block to the document and complete it.
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If your customer can’t tell you what he/she needs, and you can’t determine from the document what type of notarial act is called for, you MUST refuse the request.
Finally –
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The person who is signing the document
must personally appear to you
at the time you are doing the notarization!
EVERY. SINGLE. TIME.
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If the document doesn’t have a full notarial certificate with a
venue, a statement of particulars –which includes the date, the type of notarial act and
the name of the person for whom it was performed -the notary’s official signature and
stamp –
It hasn’t been notarized!
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If you don’t know what you’re doing…
DON’T DO IT!!!
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Notaries leave a
lastiNg impressioN!
Always Remember
Thank You!Lori HammNotary Program SpecialistMontana Secretary of State’s [email protected]