Nearly every notary public will find themselves in a position where they are asked to backdate a document. Backdating is the act of writing an earlier date on a document. Unfortunately, this is an all-too-common practice in a variety of different fields and industries. Clients whom need documents notarized by a given date may have forgotten or otherwise failed to meet the deadline. Rather than bearing the consequences of missing the signing date, the client may ask a notary public to include a prior date on the document. Backdating a document may seem harmless enough, but under no circumstances should a notary public include a date other than the current date of the signing.
Components of Complete Notarization
The primary responsibility of a notary is to verify a document signer’s identity prior to notarizing the signature. A notary public may not notarize a signature unless the notary personally knows, or has satisfactory evidence, that the person whose signature is being notarized is the person described in the document and is the person who is executing the document.
There are three ways to verify a signer’s identity:. A notary may require additional information or identification of a person to assure identity prior to notarizing a document. If a notary is uncomfortable or suspicious of any identification, the notary should not notarize for that person.
(1) The signer of the notarized document is required to give an oath or affirmation a commission for a notary public appointed prior to the effective date of this.
Toggle All. Monday through Friday, a. However, occasionally our office may be closed for the day or closed earlier than the time specified, so please call ahead at If you are dropping off a notarial seal, notarial book s , resignation forms, or application or renewal forms, you may simply leave them with the receptionist before p. No, for both questions. Renewal application forms may take approximately one to two weeks to review and process.
Once your renewal application has been approved, the NPP will send you a notice with instructions for the next step, which is to obtain your surety bond. The NPP will then mail you a letter informing you to come and pick up your commission papers Oahu notaries only; the NPP will mail neighbor island notaries their commission packets.
After you pick up or receive your notary commission papers, you must take them to the circuit court to be filed and approved. For your information, there is a waiting period of approximately ten days for approval of the bond by the judge. Any notarial act performed after the termination, revocation, or suspension of a commission subjects the notarial act to questions or contest of validity.
Authentication is the process of proving the “genuineness” of a notary public’s official seal and signature.
Powers and duties
Notary Public is an ancient office dating back before the Roman Empire. American pioneer history is replete with examples of notarial assistance. Among them: the processing of land or mining claims, the authentication of public or private documents, and the reading and writing of general correspondence.
To acknowledge a document, a notary must first identify the signer to be the person signing his or her own name and commission expiration date underneath.
A The secretary of state may appoint and commission as notaries public as many persons who meet the qualifications of division B of this section as the secretary of state considers necessary. B In order for a person to qualify to be appointed and commissioned as a notary public, the person shall demonstrate to the secretary of state that the person satisfies all of the following: 1 The person has attained the age of eighteen years.
C A notary public shall be appointed and commissioned as a notary public for the state. The secretary of state may revoke a commission issued to a notary public upon presentation of satisfactory evidence of official misconduct or incapacity. D The secretary of state shall oversee the processing of notary public applications and shall issue all notary public commissions.
The secretary of state shall oversee the creation and maintenance of the online database of notaries public commissioned in this state pursuant to section
Common Mistakes to Avoid. Remember: Colorado Notary Law requires that a complete notary certificate appear on the document whenever a notarization is performed. When a person goes before a notary public to sign a document, the notary must perform one of three notarial acts:. Administer an oath or affirmation to the person signing the document. Certify a copy of an original document.
In addition, notaries who maintain notary journals should scan the document to collect and record certain information such as the document date, title, number of.
Texas notaries public are governed by Chapter of the Government Code , Chapter of the Civil Practice and Remedies Code and the secretary of state’s administrative rules found in 1 Texas Administrative Code Chapter 87 , as well as any other applicable state or federal law. To be commissioned as a notary public in Texas, you must be a Texas resident at least 18 years of age who has not received a final conviction for a crime involving moral turpitude or a felony.
Once you are commissioned, you may purchase your required notary seal and record book from any office supply company. The notary public should have their commission available to show when performing notarial services. To renew your commission, submit the following to the secretary of state no earlier than 90 days before the expiration of your commission:. A Texas notary public is required to maintain a record book. This record book must be maintained whether or not any fees are charged for your notary public service.
The following information must be included in the record book:. A notary should not record any identification number that was assigned by a governmental agency or by the United States to the signer, grantor or maker on an identification card, driver’s license, social security card or passport; or any other number that could be used to identify the signer, grantor or maker of the document. However, a notary is not prohibited from recording a number related to the residence or alleged residence of the signer, grantor or maker of the document or the instrument.
The entries in a notary’s record book are public information and a notary is required to provide a certified copy of the record book to any person who requests, and pays the fees for, the copies. Although not required, the secretary of state suggests that you make all requests in writing, by sending a certified letter to the notary’s official address on file with this Office.
Please also visit our get notarized and notarized letter page. Enter Zip, City, or County Please remember, your password for your listing on notary. Your password on the forum can be whatever you want it to be. Save Password Forgot your Password? Be the first person to vote!
The commission states the notary’s name and term expiration date. The application Therefore, if you will be notarizing a lot of documents that will be scanned.
Where can I find a notary public? Where can I get a duplicate of my Notary Commission Certificate? You may print a commission certificate online by creating an account in the Notary Apostille site by selecting the Existing Notaries option or Sign In if you already have registered. How do I correct my address that is listed in the Notary database? For the incorrect address, phone number or county the change can be done online by accessing the notary application using your login commission number and password.
Click the edit link on the information screen, type over the incorrect information and save.
These are recordable documents, and a certified copy can only be issued by the governmental agency. However, a notary public has the authority to certify copies of original documents that are not recordable in the public records. Notarizing photographs is not an authorized notarial act. However, we can notarize a statement about a photograph with the photograph as an attachment. Documents must be complete and have no blank spaces.
We cannot backdate or forward date a notarization.
You must wait until you take the oath for your new commission date. Question: May I notarize documents electronically? Answer: No. The District of.
This is a tricky question and a bit vague if you ask me. The date of a notarization corresponds to the date that the signer signs the notary journal according to me. Some signers will sign for an acknowledged signature a minute, day, week, month, year, or decade before the notarization, and that is legal according to California notary law, and probably in most if not all other states. For Jurats , the signature must be made while personally appearing before a notary public. Oaths should ideally have an accompanying journal entry, however, there is no signature on a purely oral Oath BTW… jurats are used with written statements that have an accompanying oath.
So, in all types of notary acts , the signer should ideally sign the notary journal, and the date and time when they sign the journal establishes the notarization date. Please keep in mind that a signing where the signer signs the document at pm and signs the notary journal at am the following day could be dated either day, but I prefer my golden rule of dating the notarization when the journal is signed. The document date can be the date of the notarization or before, but is generally not after.
It is a crime to backdate a notary certificate , but putting a previous date in the certificate wording.
Access the online version of the O. The Office of the Clerk of Superior Court approves and issues commissions of notary public. Each commission is for a term of four years and may be renewed prior to the expiration of the notary’s term of office.
Backdating a document may seem harmless enough, but under no circumstances should a notary public include a date other than the current date of the signing.
Closure: Due to the evolving situation regarding COVID, authentication services will be closed to the public until further notice. Our mail-in service will continue. Usual mail-in service standards may not apply. Your patience and understanding is appreciated. Find out if your document needs to be notarized before it can be authenticated by our office. If your original document cannot be authenticated, we may be able to authenticate a notarized copy.
Check the specific requirements for your document in step 2. If we are unable to recognize the signature of your notary, invite your notary to register with us. The notary can do this by providing a specimen signature.
Authentication of documents: 3. Get your document notarized
Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc. Got It. Please select a state to perform a search.
A notary cannot post-date a notarial certificate (his/her official statement at the end of the document), or date it earlier than the actual date of notarization.
A notarization is generally an assurance made by a Notary Public that a document’s signature is genuine, that the signer acted without duress and that the signer intended the terms of the document to be in full force and effect. Most requests for notarization involve the signing of documents. In all cases, all signers and any required witness es must be present for the notarization.
You’ll need to bring acceptable ID as required by your state along with all pages of the document being notarized. When you as well as any additional document signers and required witnesses arrive at your appointment, the Notary will review your document s to determine the notarization requirements. From start to finish, the typical appointment takes about 30 minutes. A Notary Public is an individual who has been recognized by the state government as being able to serve as an objective witness and provide notarizations.
In all cases, all signers and any required witness es must be present with the Notary for the notarization. You’ll also be required to bring acceptable ID as required by your state. Be sure to bring all pages of the document being notarized we suggest you don’t sign or date the document before visiting a financial center because some documents must be signed and dated in the presence of a Notary.
Texas Secretary of State
A notary’s duty is to be a neutral witness to the signing of documents. A notary makes Should a notary write out the full date on a notarization? A9. It is best.
Acts , 84th Leg. January 1, The term of a notary public expires four years after the date the notary public qualifies. A notary public has statewide jurisdiction. Acts , 70th Leg. Amended by Acts , 74th Leg. September 1, The application must satisfy the secretary of state that the applicant is qualified. The application must state:. Amended by Acts , 71st Leg. The applicant must pay the fee in advance to the secretary of state. The commission is effective as of the date of qualification.
The secretary of state has the burden of proof, and the trial is conducted de novo.