These rules make sense for businesses. Your notaries are paid to do certifications and other work for them. If people go in and out all day for certifications that have nothing to do with the company`s business operations, it would be a distraction. A notarized error on a document could involve a company in an expensive and lengthy legal dispute and potentially result in financial damages against the notary and the company. The situation: A notary employee was invited by his employer to “notarize” a contract between the employer and the other party to the contract (by simple signature and sealing). The contract had not been signed by either party when it was handed over to the notary, and none of the parties would be in the presence of the notary for a proper notarial deed. The notary had worked for this employer for many years, and there had never been a problem with anything the employer had asked him to do in the past, neither as a notary nor as an employee. The notary completed the notarial deed as if he had completed a notarial deed, signed it and affixed his notary`s seal to the notarial certificate. He returned the contract to his employer without losing a second thought about what he had just done. Challenge: Control of its own notarial commission, stamps, deliveries and other registers Often, an employer who pays for the commission of the employed notary wants to “protect” the important documents and tools of the notary, such as the original of the notarial commission deed, the official seal and the booklet. ASN regularly hears notaries who know almost nothing about their notarial commission because they do not have access to their files or seal (the seal is held by a head of department and distributed only when a notarial deed is required).

Finish by offering a legal notarial solution to your employer`s situation. If you need help, don`t hesitate to call ASN! Questions, comments about this hot trick? E-Mail-Kathleen@asnnotary.org What can you do or say if your employer pressures you to violate the notary`s legal process? ASN recommends: Employees` notaries must insist on the physical control of their notarial items if they do not currently have them. In many states, this is a legal requirement, and everywhere else it is highly recommended. Take your notarial commission deed, tools, and records with you when you leave your current employer (unless you are mandated in a state with bylaws with exceptions). If your employer resists, you can contact ASN or your state`s notarial service for advice. The fact is that the statutes of the state or the rules of the company may prevent a notary from completely refusing notarization, but the notary MUST ALWAYS assess whether all the elements necessary for notarization are present. If these are missing or not completed, the notary must finally refuse the notarization. Questions, comments about this hot trick? E-Mail-Kathleen@asnnotary.org While many states allow an employer to dictate when a notary employee is allowed to perform notarizations in the workplace, notaries are free to perform certification for any member of the public at any time. Your employer is not responsible for notarial deeds that you perform in your free time outside of work.

Many notaries carry out notarizations mainly in the workplace. Often, the employer paid all the costs of the notary`s commission because he wanted one or more notaries available to notarize the business transactions of the company. Thus. What happens when clients and even non-clients ask for notarization of documents that have nothing to do with the company in question? In tune with the times, we have also noticed many inquiries from members who ask if they are allowed to participate in a video conference or via webcam as a notary. In most cases, the signer is NOT in the physical presence of the notary, but will “appear” on the screen in front of the notary. Whatever the circumstances, the notary and the signatory must be in the physical presence of the other for the certified notarization to take place. Obviously, this requirement is not met if the signatory “appears” before the notary on the screen and not in person. The notary`s dilemma: the notary was shocked when he was then seized of a civil action brought by the other party. Not only was he prosecuted for a notarial deed without the presence of the other party, but he also claimed that the employee`s notary had falsified the other party`s signature. In fact, the notary had not falsified the signature of the other party on the contract, but obviously someone else. Challenge: The lack of company support for professional membership We may be singing for the choir here while you are reading this because you are an ASN member, but we want more employers to support their notary employees` interest in belonging to professional associations such as the American Society of Notaries.

Despite the obvious benefits, a surprising number of employers see membership in notarial organizations as a “supplement” and tell their notaries that contributions must be paid out of pocket. The benefits offered by organizations like ASN (no-cost technical support, notarial updates, discounted deliveries, newsletters, education, reference books, etc.) are worth the investment in fees – especially if the fees are as modest as ASN`s ($39 for a year ..c only 75 cents per week). ASN recommends: Today, there are more opportunities than ever for a notary to receive notarial training, whether through public seminars, online training or private lessons. Talk to your employer about available training opportunities. ASN, for example, offers nationwide online and telephone training, as well as live training in limited areas. This is a warning for notaries and their employers. If a notary has abused a notarial deed in the course of his employment, the notary and the notary`s employer are liable without limitation if the inadmissible notarial deed has resulted in damages for a party to the deed. Challenge: The employer does not have a company policy regarding the actions of the employed notary in the workplace The lack of a comprehensive policy outlining the role and duties of the notary during the employee`s business hours is an oversight that many employers suffer from. If an employer restricts the obligations of the employee`s notary during office hours, consideration should be given to developing a policy that ensures that the actions of the employee`s notary fall within the scope of state notarial law and that there is no unreasonable discrimination. Challenge: Employer attempts to control the activities of the employee`s notary outside of work While an employer can direct a notary`s activities during office hours, the employer has no say in a notary`s activities outside the workplace. This also applies if the employer has paid the commission, seal or diary of the salaried notary.

Similarly, the notary fees that the notary earns outside his place of work belong to the notary; the employer may not attempt to accept them on the ground that he has paid the commission and the notary`s deliveries. The employer is not responsible for notarial acts performed by the employee`s notary while the employee`s notary worked as a notary in his spare time. Finally, some states do not have laws or rules of notarization at the institution, and the notarial service of the Office of the Secretary of State may also have no opinion. As a result, there may be reasonable restrictions on the notarization of clients versus non-clients, charging fees for notarizations, and certifying certain “high-risk” documents. ASN recommends: Make the most of your ASN membership by using our free technical support hotline (we like to say, “Don`t guess. Ask! “), read your tips or browse our website for the latest offers and educational information. Then, tell your employer how the information and support we provide will help you avoid inappropriate actions that could result in sanctions or liability. Your ASN membership is a small investment for a lot of support and information, and we are always happy to help you.

Questions, comments about this hot trick? E-Mail-Kathleen@asnnotary.org Keep in mind that a notary may be responsible for losses incurred by the signer of the document due to incorrect authentication. The notary`s employer may also be liable for these losses if the notary was working as an employee of the company at the time of notarization (or even if the notary was notarized at the time of the company). To limit their liability, companies can establish rules for the types of documents that can be notarized and for which notarized attestations can be made. Now it`s time to sit down with your employer and discuss the procedures for performing notarial deeds as an employee. Inform your employer of the requirements of a properly executed notarial deed. Tactfully tell them that breaking notarial laws is NOT part of your job description. Questions, comments about this hot trick? E-Mail-Kathleen@asnnotary.org dispute: the requirement of personal appearance The first rule of notarization is that the signatory MUST appear in person before the notary at the time of the notarial transaction. .