Are notaries bound by confidentiality?
Asked by: Ben Cummings | Last update: July 19, 2025Score: 4.3/5 (24 votes)
Notary Agents must keep their journals confidential, whether in physical or electronic form. Under the notary law, notaries are not permitted to disclose notary records of a non-customer to an organization. This is because these records often also contain the personal information of the parties.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
What is the Michigan law for notary?
(1) A notary public shall place his or her signature on every record upon which he or she performs a notarial act. The notary public shall sign his or her name exactly as his or her name appears on his or her application for commission as a notary public.
What makes a notary invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.
What is the new law for notaries in California?
A new law taking effect January 1, 2025, allows a “disinterested custodian” of an electronic record to certify a tangible copy of the electronic record before a Notary. The FAQ below explains how this new law affects California Notaries and what to do if asked to perform this type of notarization.
Notarizing on the Job: Don'ts
Can you sue a notary in California?
On top of that, if the Notary's error resulted in a financial loss for the signer, the signer could also sue the Notary to recover any damages resulting from the faulty notarization.
Can a California notary refuse to notarize?
Many states have specific statutes or regulations that explain when exactly a Notary is permitted or required to refuse service. For example, California Notaries must refuse a notarization if the document is incomplete. Florida Notaries must refuse if the signer appears mentally incapable of understanding the document.
What is notary misconduct?
Examples of notarial misconduct include the following: 1) the notary notarized an instrument without the signer being present; 2) the notary failed to establish the identity of the signer by satisfactory evidence; 3) the notary failed to execute proper notarial procedures; and 4) the notary knew that the document ...
Which of the following offenses cancels a notary application?
The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.
What makes a notarized document invalid in California?
If a document is notarized without a seal or stamp, or if the seal or stamp is missing important information, it could invalidate the notarization. That's why it's crucial for notaries to always use a clear, legible stamp impression on every document they notarize.
Can you refuse to do a notary?
In order to properly refuse a notarization, you should have one or more reasons to do so that can be objectively articulated in your journal. In other words, you should be able to explain why you are refusing to notarize. If you can't explain it, then you don't have a sufficient basis to do it.
How does a notary make money?
In California, notaries can charge $15 per notarial act. In Florida, Arizona, Michigan, and others, notaries can charge $10. In some states, there are no maximum notary fees set by law, so local competition sets the typical price. These types of notarizations can be quick and simple.
Do notaries have to keep a log?
In California, Notaries are required to keep their journals for as long as they remain Notaries.
What is a notary liable for?
A notary public is always liable for all actions, whether intentional or unintentional. This liability is unlimited to financial losses and damages.
What are the downsides of being a notary?
Time Commitment and Costs
Initial training courses may take several hours to days to complete, depending on the program's complexity. Ongoing education is necessary to stay current with changes in notarial laws and procedures. Costs can include training fees, application fees, bond expenses, and insurance premiums.
Can you edit a document after it's been notarized?
In fact, the signer has the sole right to make changes to the document. Remember, if the notarization period is complete, then the public notary cannot modify a notarial certificate. In order to make changes, however, the signer has to appear in person in the presence of a notary public to initiate new notarization.
Can notaries swear people in?
2093. (a) Every court, every judge, or clerk of any court, every justice, and every notary public, and every officer or person authorized to take testimony in any action or proceeding, or to decide upon evidence, has the power to administer oaths or affirmations.
Which of the following are prohibited acts for a notary?
A notary cannot proceed if the required notarial act is not indicated by the document, the signer or someone connected to the document. Notaries cannot authenticate or validate objects. Notaries cannot give advice or opinions that should be given by an attorney—this is unlicensed practice of law.
What happens if a notary makes a mistake?
What happens if a notary makes a mistake? The National Notary Association suggests that even the smallest mistake could have dire consequences. The notarized document could get rejected. A mistake that results in a rejection can result in late fees and penalties on the part of the client.
Can you break a notarized agreement?
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.
In which of the following situations should a notary decline to complete a notarization?
You may decline to perform a notarial act if: The notary believes that the transaction is fraudulent in some way. The document is not eligible to have a notarial act performed over it, i.e. The notary has not been given all the pages of the document.
How do you void a notary?
To void a notarized document, legal proceedings must be initiated, often through a petition or lawsuit. This process involves collecting evidence to support claims of fraud, coercion, or errors in the notarization.
Can a notary say no?
If the signer doesn't meet certain criteria, the notary may refuse to notarize the document. Here are some situations that apply: The signer isn't there in person (unless the notary is performing a remote notarization). The signer doesn't have a photo ID or otherwise can't be properly identified.
What disqualifies you from being a notary in California?
Failure to disclose any arrest or conviction. Conviction of a felony where not more than 10 years have passed since the completion of probation. Conviction of a disqualifying misdemeanor where not more than 5 years have passed since the completion of probation.
What happens if you don t turn in your notary journal in California?
Willful failure to deliver the notary journal and other notarial records to the county clerk within the appropriate time is a misdemeanor, and the notary public is personally liable for damages to any person injured by the non-delivery. (California Government Code section 8209(a).)