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Posted by LisaKT/CA on 1/14/19 1:50pm
<<<I hope they don't adopt some of the bad features of CA notary law, such as.........-insulting notaries and depriving signers of notarial services because notaries are not allowed to use personal knowledge to ID signers.....-depriving people who have changed their names from notarial services because the name on their ID (from a restrictive list of acceptable IDs) does not match the name on the document.....-work journal rules.....-rigid yet ambiguous certificate wording requirement that are interpreted differently by different branches of government (secretary of state vs. county recorders)>>>
Not sure what you mean by the "work journal rules" but all the other points above certainly helps curtail fraud and I would hope that states absolutely would adopt the above features - and a few more I have in mind. While many view CA laws (i.e. gov't issued ID and cert wording) as "restrictive, burdensome, and/or annoying" those very laws are our saving grace. They take the guesswork - interpretation - coin toss - out of figuring out the manner in which to operate. Even with those laws, and within some of those laws, there are still unresolved grey areas that need ironing out. Some grey areas seem to get resolved when the SOS gets enough complaints about an issue. Then they declare said issue a violation of notary law and address it in the yearly (2018) Newsletter, expounding on said law with pages of dialogue and picture examples.
You mentioned "insulting notaries" and "depriving signers". Accepting the commission is voluntary and with that acceptance comes the insults. Signer deprivation? <chuckle> Thank goodness, we're not required to accommodate their procrastination or other personal problems. They're required to conform to notary rules and law set for both the state's governing agency.
<<<-state should provide notary with a certificate and require seal makers to get a copy of the certificate before making a seal (I think the certificates would be fairly easy to fake. It would be better for the state to keep track of the notary's mailing address, let the seal maker type the mailing address into the state's website, and confirm if it's right. Then only allow the seal to be mailed to the address of record, or if picking up in person, show id containing the address of record.)>>>
This would add to curtailing fraud. I wish CA would adopt requiring seal manufacturers to send seal to notary's mailing address on their application, which can be a p.o. box. Totally agree with you....well stated. |
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