Once you have decided to become a notary, you will need to understand what is required for the job. A notary public must be appointed by their state government, and the rules and regulations vary depending on where you live. However, most states require that a notary meet certain qualifications such as being 18 years or older, holding a valid driver’s license, and having no criminal convictions.
The first step to becoming a notary is usually to obtain a Notary Certificate of Appointment from your state. This document certifies that you have met the qualifications for being a notary public in your state. Once you have received this certificate, you are ready to begin your work as a notary. Another name for your Notary Certificate of Appointment might be your Notary Commission Certificate.
Before performing any notarization, you must always make sure that the documents are legally valid and that all parties involved know what they’re signing. This includes verifying the identity of anyone who is signing the document or witnessing it (online notarization software will help do this for you). You should also check to make sure that all details on the document are accurate and up-to-date.
You will need to keep detailed records of all the documents you notarize. This record should include the date, type of document, fee, name of the signer(s) and witness(es), any ID used for identification, and location. Keeping these records will help you to stay organized and protect yourself from any legal troubles that may come up in the future.
Digital Certificate vs. Notary Certificate vs. Commission Certificate
Certificates on certificates on certificates! It can be difficult to keep track of the terminology. A Digital Certificate is an electronic encryption document/file that serves as a form of digital identification and proof of ownership for a website or app. A Notary Certificate, on the other hand could also refer to a loose leaf certificate or loose leaf acknowledgment. These are often required The commission certificate is just another
How to Attach a Certificate Form?
You may need to attach a certificate form to a document in the following circumstances:
If the document has no certificate wording:
It is a nearly universal requirement for Notaries to complete a certificate for each notarization. This means that if a document contains no certificate wording, you will need to attach a notary certificate form with the appropriate language for your state when signing. You can also check our online signature generator for digital signs.
If the certificate doesn’t comply with state requirements:
Some states, such as California, have laws regarding exact certificate wording. Hawaii has a rule that Notaries must include a ‘certification statement’ that is either part of the certificate wording or added to the certificate. In states like these, Notaries must make sure their certificate complies with laws and add the appropriate form or certificate statement if it doesn’t.
If the certificate calls for an act the Notary can’t perform:
Some states are more flexible than others in regards to what notarial acts their notaries can perform. One example of this variable flexibility is the act of “signature witnessing”. Notaries can perform Signature Witnessing in about 20 states. States that don’t permit their notaries to do it, such as Texas, would need to do an an acknowledgment or oath chosen by the signer instead, which would require an acknowledgment or jurat certificate be added to the document.
If there are different signers appearing at different times:
Sometimes a document may need to be signed in one time and place and notarized, and then presented to another signer who the notary meets at a different time and place for a second notarization. In these scenarios, a separate notary/loose leaf certificate must be completed and added to the document because the signers meet separately.
If a Notary makes a mistake:
This is one of the most important scenarios to be aware of. If a notary accidentally writes the wrong name or date on a certificate, they may be asked to correct the error by attaching a new certificate to the original document when the signer and Notary meet again. This is the case in Florida and California where changes or amendments to a notarial certificate may not be made after the notarization is complete or the signer and Notary have left each other’s presence.
If there isn’t enough room for all the names of signers:
Most certificates will have plenty space to write in the names for one or two signers having their signatures notarized at the same time. In scenarios where there are several signers and you’re running out of signing real estate? In this scenario, you’ll have to add a blank page with a separate certificate to make room for the names of any signers whose names wouldn’t fit onto the original certificate. You can also drag and scale the size of your notary certificate if you’re using a RON platform.
If there isn’t space for your Notary seal:
Most states have laws requiring a Notary’s seal to be legible, but government documents (and others) don’t provide enough space to affix a legible seal. If the seal has to be placed over text or signatures in the document, you need to add a blank page and add a separate certificate form/loose leaf certificate/notary certificate.
Always Abide by Your State’s Notary Requirements & Regulations
Notaries need to follow specific practices when using separate certificate forms. It is the notary’s job to make sure that the notarization if performed correctly. They also must not help or assist fraudulently attaching a “loose certificate” to an unsigned document(separate) document.
Usually, the Notary must also include whether the notarial act was performed using IPEN (In Person Electronic Notarization) or performed using RON (Remote Online Notarization platform). This is usually written automatically on your electronic seal.
If you live in a state that allows the use of separate certificate forms, but doesn’t provide a guide as to how to use them, it is recommended to:
1. Always make the signer determine type of notarization:
- If there is no certificate wording on the document, notaries will ask the signer what type of notarization they need because Notaries are not allowed to make this determination. You may describe the differences between an acknowledgment, jurat or signature witnessing (if your state allows you to perform signature witnessings), but the signer must be the one to choose in the end.
2. Fill out the Certificate Completely:
- Fill out the separate certificate form the same as any other, ensure all of the necessary elements are present, all info is accurate and each space is filled.
- If the certificate has a space for optional information, you should describe the document being notarized. The description can read something like:
- “This certificate is attached to a ___________ (title or type of document), dated _____________, of ___ (number) pages, also signed by _____________________ (name[s] of other signer[s] if any).”
This act of filling out the notary certificate uniquely and completely will raise the difficulty of anybody attempting to fraud on a document. You can see a full state list of example Notary Certificates on BlueNotary’s Crisp.
3. How to attach (staple) a notary/notarial/loose leaf certificate
- If you’re doing this online, it’ is usually automatically done for you within the software. It’s just a couple of clicks to attach any notary certificate/loose leaf certificate.
- If you’re doing offline, once the certificate is completed, the Notary should physically attach it to the document. This it typically done by stapling the certificate to the to the document’s left margin, behind the signature page.
Other ‘Loose Certificate’ Things To Know
While this writing has mostly been about when and how to use separate certificate forms, you want to use a separate certificate only as as a last resort. You should attempt to fit all info using the notay certificate already present on the document. This makes it easiest for receiving parties to accept the notarization seamlessly.
While some agencies may request it, Notaries should never mail a loose Notary certificate nor rely on someone else to attach it to the document.
If you still have any confusion regarding certificates, check out the BlueNotary Ultimate Guide to Digital Certificates
Is a Digital Certificate a Loose Leaf Certificate?
A Digital Certificate is NOT a Loose Leaf Certificate or Notary Certificate. Is a Digital Certificate a Notary Certificate? Also no.
A Digital Certificate is an encryption file that specialized software attaches to any completed notarization. This allows software like Adobe Acrobat Reader DC to be able to read and verify the Digital Certificate used to perform the notarization.
The video below shows how to view your own Digital Certificate if it is on a Completed Notarization or a Sample File to submit to your Secretary of State.
State Specific Certificate Rules
California you cannot place your seal on a document without correct notarial wording.
Florida you cannot complete a certificate that does not have all of the information required by the law.
Maryland previously prohibited Notaries from adding a notarial certificate to a document if it didn’t already exist, but that prohibition was removed in October of 2020 under new Maryland state law that mandates Notaries to complete a certificate of notarial act for every notarization.
Michigan is unique. They repealed their statutory certificates and instead require the Notaries to add certain specific information after signing a document. The Michigan law decrees a Notary must write their name exactly as it appears on the Notary commission, date the document, and add the words
- Notary Public
- State of Michigan
- County of (name of county of commissioning) or if performing outside of the county of commissioning, “Acting in the County of (name of county where the notarization is performed)”
Michigan notaries are also able to place their official seal on a document if any notarial wording is not present.
We hope this answers your questions regarding notary certificates vs. digital certificates vs. loose leaf certificates and how they relate to each other.
General Question About Leaf Certificate Notary vs Digital Certificate
What are the legal implications and responsibilities of using a digital certificate for notarization compared to a loose-leaf certificate?
Firstly, the legal implications and responsibilities of using a digital certificate for notarization as compared to a loose leaf certificate are significant and varied. Digital certificates provide a layer of security and authenticity that is critical in today’s digital age, offering encryption and a secure means of verifying the identity of the parties involved in the notarization process. They facilitate the authentication of digital signatures in a way that is more difficult to forge than traditional signatures. However, the legal acceptance of digital certificates versus loose leaf certificates can vary significantly between jurisdictions. Notaries must be acutely aware of their state’s stance on digital notarization and ensure that their digital certificates comply with local laws and regulations, including those related to the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) in the United States, which grant legal recognition to electronic signatures and records.
How can notaries ensure compliance with state-specific rules when transitioning from traditional to digital notarization processes?
Transitioning from traditional to digital notarization processes involves navigating a complex legal and regulatory landscape. Notaries must stay informed about their state-specific rules, which may involve obtaining additional certifications or training in digital notarization practices. Ensuring compliance requires a proactive approach, including regularly reviewing state notary public guidelines, participating in continuing education opportunities, and subscribing to updates from notary associations and state notary administrative bodies. It also involves understanding the technical requirements of digital notarization platforms and ensuring that they meet state legal standards for security, identity verification, and record-keeping.
What are the best practices for verifying signer identity and document authenticity in a fully digital notarization process?
Verifying signer identity and document authenticity in a fully digital notarization process relies on advanced technology and stringent procedures. Digital notarization platforms typically use a combination of knowledge-based authentication (KBA), biometric verification, and digital certificates to confirm the identity of signers. KBA might involve asking signers questions that only they would know the answer to, based on public records. Biometric verification could include facial recognition technology or fingerprint scanning. Document authenticity is ensured through digital signatures and encryption, which secure the document from tampering. Additionally, digital notarization platforms maintain detailed logs of the notarization process, including IP addresses and timestamps, to provide a comprehensive audit trail. Best practices in digital notarization also involve maintaining privacy and data protection standards to safeguard the personal information of all parties involved.
