Posted by Debbie_NJ on 11/15/05 3:34am
Msg #76627

Discrimination?

Isn't this discrimination--if a bank only notarizes for its customers and not for the general public? In the New Jersey Notary Law Primer it states "New Jersey law has a provision that allows a Notary employed by a financial institution to refuse to administer oaths and affirmations to any person during business hours The Notary is not legally required to adhere to these provisions but, of course, failure to follow any employer's directions or policies may bring certain consequences." The above states that the notary can refuse to administer oaths and affirations to ANY person during business hours as long as this is the employer's consistent policy. But to refuse only NON-CUSTOMERS seems discriminatory to me! It also states "Discrimination against anyone who presents a lawful request for notarization is not a suitable policy for a public official commissioned to serve all of the public equally. Also, such discrimination can provide the basis for lawsuits." I went to my bank with my sister (who is from out of state) and they wouldn't notarize a document for her--not because she was from another state but simply because she wasn't a customer. We offered to pay the fee but they said they just do not notarize for anyone who isn't a customer of that bank. Isn't that discrimation?

Reply by PJM/MI on 11/15/05 5:26am
Msg #76630

Hmm... it sounds like that is the banks policy, and they have the right to service/not service the general public.

Reply by Deborah Weikel on 11/15/05 5:37am
Msg #76633

I realize it's the bank's policy but I always thought a Notary Public was to serve the PUBLIC.

Reply by PJM/MI on 11/15/05 5:47am
Msg #76634

It is our jobs.. but so many notaries in the private sector (banks) have their commission paid for by the employer, and during working hours, that notary has to follow company policy. What he/she does on her own time is up to him/her. Even though the bank/employer may have paid for the commission, it still belongs to the notary.
Sorry about your situation yesterday! Did you ever get the doc notarized?

Reply by Danny_FL on 11/15/05 6:23am
Msg #76637

Ive noted this in banks also. I can suggest that the UPS and FEDEX stores Ive been thru have notary abilities.

Danny

Reply by Charm_AL on 11/15/05 8:13am
Msg #76647

I got a call last week from a guy that needed a paper notarized. His company has an account with the bank across the street. They turned him away because he did not have an account there. He called later to cancel, as his boss walked him over and got it done. I think the people who notarize at a bank are paid to do this by their employer and there are many things you can't do if you are not a customer of any bank you walk into. Notarizing is one of them. Sad, yes, but true.

Reply by Deborah Weikel on 11/21/05 3:38am
Msg #77891

Yes, I got the document notarized. My sister was going to AAA to get some traveler's checks and they notarized the document for her without any problems at all. I went to another bank with another sister. This bank would only notarize for customers AND if it was "banking business". Since the paper I needed notarized had to do with an estate, they wouldn't notarize it. We had to go to the municipal building next door to get it notarized! The funniest part of the whole thing is that both this sister and me are notaries but neither one of us could notarize this document!

Reply by JM_NY on 11/15/05 10:53am
Msg #76681

I don't really think it is a discrimination at all. The banks don't charge and it is provided as a service for their customers. Its almost like free ATM for their customers. As for payment as per the handbook it must be the same fee everyone they service. Many banks will do it for your relative as a service to you but that is done on an individual basis.

Reply by PAW_Fl on 11/15/05 8:14am
Msg #76648

Re: Discrimination? No.

Bank notaries are not just notaries. They are notaries because their job requires it. I was a "corporate" notary for a lending institution and was restricted in what I could and could not do, during working hours. The employer has the right to direct and restrict the actions of an employee. However, after work, I could use my commission as I desired, since a notary commission is granted to the individual, not the company.

So, Notaries Public do serve the public, but within limits. Having a commission provided by an employer means that the employer needs a notary to serve the public that the employer serves, not the general public.

Reply by Dorothy_MI on 11/15/05 12:53pm
Msg #76711

Another Point of view

If every bank in every town would notarize just anyone and/or everyone that walked in off the street there would be less work for us. I've done several Wells Fargo loans where the people are told to get their own notary. I did them because I was willing to go to their house (for a fee, of course). Now, if they could have gone to the corner bank (where they were NOT customers), I would not have gotten the fee.

Reply by PMA_NJ on 11/15/05 9:29pm
Msg #76849

I was a bank notary for a long time, I also work as an SA. Basically, here it how it is for banker notaries... IN NEW JERSEY!! I don't know about other states. This is a short re-wording of a NJ notary book I have.

A NJ Notary Public is LEGALLY OBLIGATED to serve the general public. It is inappropriate for a notary to refuse service to someone based of that persons status as a "customer." A "company notary" that refuses to perform a notarial act for non-business related people are subject to criminial and cival penalties, in addition to possible removal from office. A bank or company that has such a policy is violating the seperation of PUBLIC (notary) and PRIVATE (bank employment) duties.

TO SUM IT UP...... A NEW JERSEY NOTARY must follow the law first and foremost. Therefore, when a NJ notary is acting in an official capacity, the employer CAN NOT DELIGATE what the notary is to do.

Reply by PAW_Fl on 11/15/05 9:48pm
Msg #76850

Interesting. A different view ...

The following excerpt is from the Florida Governor's Reference Manual for Notaries (2001), page 56:

Restricting Services

Some people have taken the position that a notary public may not refuse any legitimate request for notary services. An argument could be made that because notaries are public officers, they have a duty to be reasonably available to the general public. This issue often arises in an employment context when a notary’s employer sets parameters on notarizations that may be performed by employees within the scope of their employment. Some employers advertise notary services as a benefit for their customers. Other employers prefer to have a notary public in the office solely for notarizing signatures of the company’s personnel.

Employers may have good reasons for limiting the notary services that may be performed by their employees. First, most employees have assigned duties for their position, and performing notarizations is generally not their primary focus. An employer may not want employees to neglect their regular duties to perform notarizations unrelated to the business. Second, an employer may want to restrict notarizations because of the risk of liability resulting from a notary’s negligence committed during the scope of employment. Florida law now holds an employer liable for such negligence.

The Governor’s Notary Section has considered the issue of whether a notary may refuse to notarize because of policies established by an employer; for example, in the case of a bank. A notary should never exercise his or her authority in a discriminatory manner. However, it is the opinion of this office that limiting bank employees to notarizing only for bank customers is not considered unlawful discrimination. Most notaries are employed in businesses or government agencies which conduct business beyond the provision of notary services. These entities are not required to permit their employees to neglect their duties of employment so as to be available to the general public for notary services.