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Notary Issues_notary bond

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					Washington Notary Duties
           By Kelly Rickenbach, Esq.
          Claims Counsel for Region C
        Stewart Title Guaranty Company

* Thank you to Gretchen Valentine, VP & Underwriting Counsel
for LandAmerica Financial Group for her contributions.
         What’s on the agenda?

   Definition of a notary definition of a "notary“
   Basic procedures and requirements for becoming
    a notary
   How and who can take acknowledgments
   Personal liability for notaries and penalties for
    misconduct
         What is a notary?
Notary Public is a public servant appointed by
state government to perform certain notarial
acts, which includes witnessing the signing of
important documents and administering oaths.
    Key to Remember…


When notarizing documents,
   always tell the truth!
              Requirements
-   Must be at least eighteen years of age
-   Must reside in Washington State
-   Must be able to read and write English
-   Must complete the application following
    application
     Application Access Site
http://www.dol.wa.gov/forms/659007.pdf
        Application Details
The application materials require that you
have endorsements to your application from
three unrelated adults who are residents of
the State of Washington and are able and
eligible to vote.
           Fees & Costs
Each application for appointment as a
notary shall be accompanied by a $30.00
fee (established by state rule).

* This fee is the same for renewal
applications.
                 Charges
   Effective November 1, 2006, the
    maximum fee that a notary may charge
    has changed from $5.00 to $10.00.

              WAC 308-30-020
            However…
you don’t have to charge for your notarial
services. And keep in mind that if you are
planning to charge, the rules require that
you have your charges displayed in your
place of business.
      Bond requirements
Each applicant must obtain a $10,000
surety bond. The purpose of the bond is
to insure the applicant’s proper
performance of notarial acts.
   The bond is effective for a four year
    period commencing on the date of
    appointment.
   A four year bond can be obtained from
    most insurance companies or a bonding
    company.
     Term of Appointment
A person appointed as a notary public can
serve for 4 years, and may be reappointed
for an additional four year term by
submitting a new application.
 Can a nonresident of WA be a
         notary here?
Yes…provided that you reside in an
adjoining state and are regularly employed
in Washington or conduct business in
Washington.
     What is a notarial act?
A notarial act just means taking an
acknowledgment.

Notarial acts shall be performed in
accordance with the Standards set forth in
the RCW 42.44.
What is an acknowledgment?
Acknowledgment is basically a verbal statement
by a person that the person has executed the
instrument under free and voluntary act for the
uses and purposes stated therein.
Standards for Notary Actions
In witnessing or attesting a signature, a
notary public must determine, either from
personal knowledge or from satisfactory
evidence, that the signature is that of the
person appearing before the notary public
and named in the document.
     What constitutes
Satisfactory Evidence????
         Satisfactory Evidence

A notary public has satisfactory evidence that a person is
the person described in a document if that person:
    (a) Is personally known to the notary public;
    (b) Is identified upon the oath or affirmation of a
    credible witness personally known to the notary
    public; or
    (c) Is identified on the basis of identification
    documents.
Persons unable to sign name
If a person is physically unable to sign his
or her name or make a mark, the notary
shall determine and certify from personal
knowledge or satisfactory evidence that
the person appearing is actually unable to
sign his/her name but is otherwise
competent.
    Standards continued…
In certifying or attesting a copy of a
document or other item, a notary public
must determine that the proffered copy is
a full, true, and accurate transcription or
reproduction of that which was copied.
In certifying that an event has occurred or
an act has been performed, a notary
public must determine the occurrence or
performance either from personal
knowledge or from satisfactory evidence
based upon the oath or affirmation of a
credible witness personally known to the
notary public.
      More standards…
The signature and seal or stamp of a
notary public are prima facie evidence
that the signature of the notary is
genuine and that the person is a notary
public.
What is prima facie evidence?

Evidence that is considered good and
sufficient on its face, which may be
contradicted.
Can this be contradicted?
       Notary Seal or Stamp
Every person appointed as a notary in Washington shall
procure a seal or stamp, which must include the
following:
 • words "Notary Public" and "State of Washington“

 • the date the appointment expires

 • the person's surname plus first and middle initials
Let’s take a closer look…
      Where and when do I get my
               stamp?
   Look in the yellow pages for the
    companies that manufacture and provide
    notary materials.
   BEWARE – it is unlawful for any person to
    manufacture, sell, give or otherwise
    possess a seal or stamp until the director
    has delivered a certificate evidencing the
    appointment.
 Who owns the stamp/seal?
What if your employer paid for the notary
appointment fees, seal or bond? Do you
get to keep your stamp? What if you are
fired from your job and your employer
demands that you leave your materials,
including your notary stamp/seal?
Who can use my notary seal?
- How about your secretary or assistant?
- How about spouse/significant other?
- Your attorney or agent in fact?
               Answer
The notary stamp and seal are the
exclusive property of the notary and shall
not be used by ANY other person.
Can I notarize a document in which I am
                 named?
No. Notary cannot notarize if he or she
has a direct financial or beneficial interest
in a transaction. Being named in a
document means that the Notary has an
interest and cannot act as an impartial
party
 Does notarization make a document
              “legal"?
No. A notarization typically just means the
signer acknowledged to the Notary that he or
she signed the document or vouched under oath
or affirmation that the contents of the document
were true.
     Can I notarize for a family
             member?
Generally speaking, a notary has no beneficial
interest in notarizing a document for a relative
and will not be prevented by law from doing
so.

The likelihood of a direct beneficial interest is
usually greater with immediate family
members – such as a spouse, mother, father,
son, daughter, sister or brother.
      Key to Remember…
Keep in mind that when you notarize for a
family member, you avail yourself to later
questioning of your impartiality, as well as
accusations of undue influence.
  What about this situation?

Notary is asked to witness her
husband’s signature on a loan
document for the purchase of a home
they will share.
       Conflict of Interest
A notary public is disqualified from
performing a notarial act when the notary
is a signer of the document which is to be
notarized.
Can I notarize a fax or a photocopy?

A photocopy or fax may be notarized,
but only if it bears an original
signature. That is, the copy must have
been signed with pen and ink.
       Remember…

A photocopied or faxed signature may
NEVER be notarized.
        Recording issues

In regard to faxes and photocopies, keep
in mind that some public recorders will not
accept notarized signatures on faxed or
photocopied sheets because they will not
adequately reproduce in the microfilming
or scanning process.
            Carbon Copies

When carbon copies are made, the Notary
will sometimes be asked to conform rather
than to notarize the copies. To conform a
copy, the Notary must reaffix the official seal
on the copy (carbon will not readily transfer a
seal impression) and write "Conformed Copy"
prominently across the copy.
Notarizing documents for a foreign
             country
The notary public program at the WA
Department of Licensing has authority to
verify thru apostilles and certificates of
authority, which are basically forms that
authenticate notaries public who notarize
documents to be used outside of the U.S.
        True or False?
Washington statutes and regulations do
not require a notary to maintain a notary
log.


               True.
But is it a good idea to have one?
WA does not require that you have a
journal, but it may come in handy if you
are doing multiple transactions on a daily
basis.
      Key to Remember…
Notary journals are generally considered
public records. It is a good idea to require
that particular information about any
requested entry be provided before
showing or copying it.
Notary Liability
           Misconduct
A notary public commits official misconduct
when he or she signs a certificate evidencing
a notarial act, knowing that the contents of
the certificate are false.
Official misconduct also includes and
constitutes unprofessional conduct for
which disciplinary action may be taken.
            Penalties
A notary public who commits an act of
official misconduct shall be guilty of a gross
misdemeanor.
         Impersonation
Any person not appointed as a notary public
who acts as or otherwise impersonates a
notary public shall be guilty of a gross
misdemeanor.
             Criminal Actions
A notary public commits a felony or lesser
  crime for:
     False swearing
     Misrepresentation, or
     Deceit.
    Resignation of a notary
Voluntary resignation by a notary public
shall be submitted in writing to the
department of licensing. No voluntary
resignation of a notary appointment shall
be effective until the notary seal or stamp
is mailed or delivered to the notary
section.
  Suspension or Restriction
If the notary appointment is revoked,
suspended or restricted, the notary public
must mail or deliver his or her notary
stamp or seal to the department of
licensing immediately.
You Could Lose Your License!
Relatively recent WA case involving an attorney
who was also a notary who was eventually
disbarred because he notarized the signature of
a dead man and recorded the false deed.
      What do you do if…?
A mortgage broker handles an outside
signing for you during a busy time. The
broker delivers copies of the couple’s ID
and the signed documents, asks you to
notarize them, and tells you that he’d
witnessed the signatures. What do you
do?
          Remember…

When notarizing documents, always tell
the truth!
Good place for addition information
   National Notary Association is found at
    www.nna.org and it has links to various
    state regulations and updated news, etc.
QUESTIONS???

				
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