Posted by Tracy_ME on 7/27/06 11:21am
Msg #135536

notary and witness on same docs

I have tried to search this but search is not woring this morning.

The Maine Notary Public Handbook states:
"As a general guideline, the Office of the Attorney General has advised that a Notary Public should not act both as a witness and as a Notary Public for the same transaction"

SS agent states that theAttorney General ADVISES NOT PROHIBITS so I should just do it. He also states Surgeon General advises that people not smoke - but it is not against the law and no one gets arrested for it...

It is my opinion that if the Attorney General advises that we not act as both a witness and Notary Public for the same transaction - I should follow HIS advise. (I was offended by the surgeon general remark but I've been offended before....)

Also - in the AG wording of "same transaction", I take that to mean the entire transaction and not each specific document within the transaction. I would like some other opinions insight -TIA

Reply by Charm_AL on 7/27/06 11:33am
Msg #135539

I know this doesn't help for your state. I thought it was universal, but as far as AL, I can act as both.

Reply by Tracy_ME on 7/27/06 12:01pm
Msg #135545

I just check out the website for the Informed Notaries of Maine and copied the following :

"Did you know...
a notary must keep records of all marriages performed?
notaries may perform marriages for family members?
a notary may not verify/attest a photocopy of a public record document such as a birth certificate?
a notary should not serve as a witness on a document and as the notary public for the signer?
a notary must personally witness the signature of the person appearing before them?
a marriage license must be signed in black ink?
a notary can be asked to testify in court?"

Again it states "should not" - If I have information provided to me that states that I SHOULD NOT - I think it is in my best interest to follow that advice. Maine does not require that we keep a log book but they state that we should...so I do...no brainer. This to me is a no brainer as well.

I am just second guessing myself when I know that I shouldn't. Above all - I really want to act professionally and do a good job. I hate it when SS give me the "Your new" - "Everybody Does it" crap. I have never been a girl to fall for the "Everybody is doing it" line. I am not doing the signing - they will get someone else. Which is ok with me. One signing fee is not going to change the quality of my life.

Reply by DogmongerCA on 7/27/06 12:09pm
Msg #135546

Best answers come directly from the horses mouth

Call the AG and get a clarification and document who gave it to you at what date and time. Their are few lawyers on here and the best you are going to get are opinions. And we all know what they are worth.... Good Hunting:-)

Reply by Tracy_ME on 7/27/06 1:33pm
Msg #135560

Re: Best answers come directly from the horses mouth

I have called the AG office and receptionist referred me to SOS. The SOS office says although not against the law - don't do it and referred me back to AG . Asst. AG too busy today, will get back to me tomorrow.

In Maine you are not required to have a seal (or stamp) nor are you required to keep records... yet they advise that a notary should not act as a notary and a witness on the same transaction. I am anxiously awaiting a response from the AG office.