As a general rule notaries are commissioned by the state government ( most commonly by the Secretary of State ), but also by state licensing boards , or possibly even the governor . In virtually every state , in order to be a notary the person must be at least 18 years of age , be a resident or have a place of employment in the state , read and write the English language , complete a notary training course , not been convicted of a felony or a crime involving fraud , dishonesty or deceit , and pass a state exam . A background check by state law enforcement may also be conducted . After the minimum steps are completed , each state is different as to its requirements for term of office , continuing education , having a notary bond , notary record book or journal , seal , and other requirements . Each state also prescribes what authority the notary may have including taking acknowledgements and proofs , administration of oaths and affirmations , certifying copies , and performing any other acts permitted by law .
An excellent resource that provides information about each state ’ s requirements can be found on the American Society of Notaries State Information page : http :// www . asnnotary . org /? form = stateinfo .
The National Notary Association also introduced “ The Notary Public Code of Professional Responsibility ” in 1998 , which provides a detailed code of ethical and professional conduct for notaries public . A copy of the code and additional information about it can be found on their website : http :// www . nationalnotary . org / knowledge-center / reference-library / notarypubliccode-of-professional-responsibility
Having gone through all the proper steps to become a notary , what else should you do to protect yourself from the ‘ slings and arrows ’ of an E & O claim ? The following tips may not be required by individual state law , but they are essential to being able to defend a notary claim :
· Journal or record book : As with any E & O claim , proper documentation is the first line of defense . Your journal / record book should be permanently bound with numbered pages . The book should include the month , day and year of every notary activity ; the type of activity , such as an acknowledgement or jurat ; the type of document being notarized ; the printed name and address of the person whose signature is being notarized ; the identification used by the signer , such as a driver ’ s license or passport ; the signature ; the notary ’ s countersignature ; a witness ’ printed name and signature ; and any fee associated with the notary . These journals are available from local office supply stores and from the two associations mentioned previously .
· Protect your seal : Most states require the use of either an engraved embosser seal or an inked rubber stamp
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seal on every notary certificate to serve as verification of your witnessing a transaction . The seal usually must include the notary ’ s name as given on their commission certificate , their commission number , and phrases including , but not limited to , “ Notary Seal ” or “ Notary Public ”, and the state issuing the notary commission . The seal is available from the same places as the journal . Given its importance , your seal must be protected from loss , theft or ‘ borrowing ’. There are unscrupulous people who would readily take advantage of someone who is cavalier about protecting this piece of equipment and would not hesitate using it for their own suspect purposes . Locking it in a safe or other secure location is important to protect yourself from the ‘ less-thanhonorable-persons ’ who may put your seal to improper use . If your seal is lost or stolen , you should immediately contact the entity that awarded you a commission so proper steps can be taken to protect you and any others who may become a victim of an unauthorized act .
· Stand firm on the rules . Yes , it can be problematic to have all parties sign a document in person with proper identification . That does not make it your problem . The drafter of the document can often make provision to have the parties sign different copies at different times / locations . If she chose not to do so ? Cut no corners . Never agree to notarize a signature unless all of the rules regarding personal presence , ID , etc ., are followed to the letter .
Remember that the designation of ‘ notary public ’ is an official position that is appointed by the state for good reason . While it may be ministerial in nature , not regulatory or judicial , it is an important role nonetheless . The person who acts as a notary is a true professional , recognized by the state as being a person of integrity and impartiality . When that status is called into question , the challenge will become more personal because it calls into question that which you value most as a professional : your integrity . The simple steps outlined above can help ensure that you do maintain your integrity and don ’ t become an E & O claim statistic . If you have chosen “ To Be ”, you should “ Be ” the best you can .
This article is intended to be used for general informational purposes only and is not to be relied upon or used for any particular purpose . Swiss Re shall not be held responsible in any way for , and specifically disclaims any liability arising out of or in any way connected to , reliance on or use of any of the information contained or referenced in this article . The information contained or referenced in this article is not intended to constitute and should not be considered legal , accounting or professional advice , nor shall it serve as a substitute for the recipient obtaining such advice . The views expressed in this article do not necessarily represent the views of the Swiss Re Group (“ Swiss Re ”) and / or its subsidiaries and / or management and / or shareholders .
* Richard F . Lund , JD , is a Vice President and Senior Underwriter of Swiss Re / Westport , underwriting insurance agents errors and omissions coverage . He has also been an insurance agents E & O claims counsel and has written and presented numerous E & O risk management / loss control seminars , mock trials and articles nationwide since 1992 . Copyright 2014 Swiss Re
10 KANSAS INSURANCE AGENT & BROKER | January-February 2016 |