Notaries public play a vital role in the legal and business communities. They serve as impartial witnesses to the signing of important documents, helping to prevent fraud and ensure the authenticity of transactions.
Whether you’re a seasoned notary or just starting your journey, understanding your ethical responsibilities is crucial for maintaining public trust and upholding the integrity of the notarial process.
What is a Notary Public?
A notary public is a state-appointed official authorized to administer oaths, take acknowledgments, and perform other acts permitted by law. By verifying the identities of signers, ensuring their willingness to sign, and attesting to the proper execution of documents, notaries help to safeguard against fraud and coercion.
Key Ethical Responsibilities
As a notary, you have a number of ethical responsibilities that guide your conduct and ensure the integrity of your work. Here are some key duties to keep in mind:
Impartiality: You must act as a neutral witness and avoid conflicts of interest. This means you cannot notarize your own signature or documents in which you have a personal stake or benefit. Exercise caution when notarizing for family members to maintain impartiality.
Verification of Identity: You are responsible for positively identifying signers through personal knowledge, a current government-issued ID, or the testimony of a credible witness6. It’s essential to record the method of identification in your notary journal.
Ensuring Willingness: You must ensure that signers are signing the document willingly and understand its contents. Do not proceed if there is any indication of coercion or duress.
Proper Notarial Acts and Complete Certificates: You must accurately perform the notarial act requested and complete the notarial certificate with the proper wording required by State law. Sign and seal the certificate only after performing the notarial act.
No Blank Documents: Never notarize a document that is incomplete or contains blank spaces.
Maintain Confidentiality: Notaries are obligated to maintain the confidentiality of the information they handle during notarization, ensuring the privacy and security of the parties involved.
Record Keeping: Some state laws requires you to maintain a detailed notary journal of all notarial acts performed. Make entries promptly and keep your journal secure.
Compliance with Laws: Stay up-to-date with state notary laws and regulations to ensure compliance.
Prohibited Acts: There are certain acts that notaries are prohibited from performing. These include:
Providing legal advice or drafting legal documents.
Certifying copies of vital records, such as birth or death certificates.
Performing marriages.
Consequences of Ethical Violations
Failure to uphold your ethical responsibilities as a notary can have serious consequences, including:
Loss of Commission: The Secretary of State can revoke your notary commission for misconduct or violations of the law.
Legal Liability: You may be held liable for damages resulting from negligence, fraud, or other misconduct in your notarial acts.
Criminal Charges: In some cases, ethical violations can lead to criminal charges.
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