The NNA’s Notary Hotline service receives hundreds of phone calls a day from Notaries all over the United States. The questions we receive vary a great deal from state to state. They cover general Notary work as well as Signing Agent assignment questions.
To help our members, we have complied a list of the top 5 “what if…” questions asked on the Notary Hotline this year:
1. What if a signer presents an expired driver's license?
2. What if there is no Notary wording on the document?
3. What if all signers are not present at the time of notarization?
4. What if the state and county on the Notary certificate are incorrect?
5. Can I notarize a document from another country?
1. What if a signer presents an expired driver’s license?
Some people do not keep their driver’s licenses and ID cards up to date. In most states, expired ID cards can be used if the cards meet certain criteria.
California and Florida allow Notaries Public to accept expired driver’s licenses if they have been issued within the last 5 years.
In Colorado, satisfactory evidence rules require acceptable forms of identification to be current or expired for no more than one year.
In Oregon, Notaries may accept a driver’s license or state-issued ID card that has expired in the last three years.
If your state does not specify any rules or regulations about accepting and expired ID, it is a best practice to accept a current form of identification.
2. What if there is no Notary wording on the document?
When presented with a document that does not contain Notary wording, a certificate attachment such as an acknowledgment or jurat will be used. However, a Notary may not choose which certificate to use. This decision must be left up to the signer.
Since most signers are not going to know the meaning of the attachments, it is best to show them a blank of the following certificates:
- Acknowledgment
- Jurat (also called a “verification upon oath or affirmation” in some states)
- Signature witnessing (where allowed by law)
While showing the certificate options to the signer, you can define the nature of the act that the certificate represents. With the information you provide, they can choose which one best suits their needs. If they are still unsure which one to select, they can contact the agency that issued or will receive the document to request instructions.
3. What if all signers are not present at the time of notarization?
When a document requires multiple signatures, but not all signers are present, is commonly referred to as a “split signing.” The typical scenario is when one signer will sign in front of you, and another signer will sign in front of another Notary in the future.
When filling out the Notary wording, make sure to enter only the name (or names) of the people present during your notarization. Additionally, in your Notary journal, you can enter notes that include the names of the people not present (if known) and further indicate that they were not present for this notarization.
4. What if the state and county on the Notary certificate are incorrect?
The space on the Notary wording for state and county is referred to as the venue. When presented with pre-printed wording that reflects the wrong state and/or county, you can simply make a single strike through of the incorrect information and enter the correct information.
If the venue does not appear on the Notary wording at all, you can simply enter it in the top left-hand portion of the wording.
Alternatively, you can complete and attach a separate Notary certificate form with the correct venue information in place of the pre-printed Notary wording on the document.
5. Can I notarize a document from another country?
Yes, signatures on documents from other countries can be notarized. You simply follow the regular steps to complete a notarization in your state. As with any document, the notarial certificate wording should be reviewed to ensure that it is compliant with your state’s laws and regulations. Additionally, Notaries Public in other countries are able to perform acts that cannot be performed by Notaries in the United States. Always make sure that the notarial act being requested is one that can be performed in your state.
If you have questions about what your state requires, or does not require, you can call the NNA Hotline for further guidance.
John Jacobson is a Senior Hotline Consultant with the Information Services team at the National Notary Association and regularly answers questions from Notaries on the NNA Hotline.