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The Notary Public: New Regulations by Leonard Sloane
CONSUMER'S WORLD;
The Notary Public: New Regulations
By LEONARD SLOANE
Published: May 12, 1990
LEAD: There are about four million notaries public in the United States, and every state sets its own rules for appointing them and overseeing their work. Since just about everyone who buys a home or signs a will or power of attorney needs to have signatures notarized, notaries' services are vital.
There are about four million notaries public in the United States, and every state sets its own rules for appointing them and overseeing their work. Since just about everyone who buys a home or signs a will or power of attorney needs to have signatures notarized, notaries' services are vital.
In the absence of a national code to regulate notaries, many states, including New York, Florida and North Carolina, are now drafting new legislation to reform the laws governing notaries. Eight states - Delaware, Illinois, Kansas, Minnesota, Oklahoma, Oregon, Washington and Wisconsin - have enacted all or part of a model law on notaries that was recommended by the National Conference of Commissioners on Uniform State Laws in 1982.
Oregon's new law goes into effect on July 1. It provides for revocation of commissions amd fines of up to $1,500 for violations.
''We're now averaging a complaint a day, and that's pretty significant,'' said Carole A. Irwin-Leal, the notary manager for Oregon's Secretary of State. The complaints against notaries in Oregon range from coercion to the notarization of forged signatures.
Educating Notaries
In Florida, Ken Rouse, general counsel in the Secretary of State's office, said, ''Our bill would educate notaries as to what their responsibilities are.''
How does someone become a notary? ''It can be ridiculously easy,'' said Charles N. Faerber, the vice president of the National Notary Association in Canoga Park, Calif. With 80,000 members, this is the larger of the two principal national groups for notaries. ''In some states,'' Mr. Faerber said, ''if somebody puts a mirror in front of your mouth and it fogs up, you can become a notary.''
In fact, becoming a notary is not quite that simple. The minimum age is 18, except in Alaska and Nebraska, where it is 19. Ten states require applicants to pass an examination: California, Connecticut, Hawaii, Kentucky, Louisiana, Maine, New York, North Carolina, South Dakota and Wyoming.
New York's test, which has 40 multiple-choice questions and a passing grade of 70, is waived only for lawyers. Those who pass must post a bond and pay a commission fee, which is $30 for two years: $20 goes to the state and $10 to the county in which the notary lives.
A notary earns next to nothing, which is why it is rarely a full-time occupation.
Six states - Alaska, Kansas, Louisiana, Maine, Oklahoma and Vermont - have no set fee for notaries. The highest state-authorized fee is $5, and that applies in six states: Arkansas, California, New Hampshire, Oregon, Texas and Utah. In New York, a notary cannot charge more than 25 cents for each signature notarized.
''I've heard of instances where people have paid upwards of $200,'' said Alfred E. Piombino, the president of the New York State Association of Notaries Public, who was referring to travel, nighttime and other charges legally added to the state-sanctioned maximum under extraordinary circumstances.
Eugene E. Hines, the executive director of the American Society of Notaries, a 27,000-member group with offices in Washington, said: ''Notaries can be removed for failing to perform their duties properly. It's usually the Secretary of State of the state who does the regulating.''
A study last year by the New York State Association of Notaries Public found that most notaries it selected at random were not performing their duties properly. ''The major issue is lack of education,'' Mr. Piombino said. ''There is no mandatory training for notaries.''
Providing a Service
Those who become notaries range from lawyers to druggists, real-estate brokers to newsstand operators, bank clerks to bank officers. They often do so to be able to provide an extra service to their customers.
Some notaries advertise in the Yellow Pages. If you need a notary quickly, Arthur A. Anderman, a Queens lawyer and notary, advises, ''Call your attorney, your accountant or your bank.''
In some states including New York, notaries cannot refuse to notarize a document if the applicant provides adequate identification. Consumer complaints should be sent to the Secretary of State in Albany.
Commissions Suspended
Last year, an employee at a branch of the Anchor Savings Bank and another at a branch of the Chase Manhattan Bank, both in Brooklyn, were found guilty of refusing to perform a notary service because the applicant was not a customer. An administrative law judge suspended their notary commissions for a month.
New Yorkers may find more notaries available if a bill introduced by Assemblyman G. Oliver Koppel, Democrat of the Bronx, is enacted. It would increase the notary fee in the state to $2 for each signature and require that notaries be available at all offices of County Clerks and the Department of Motor Vehicles.
A THUMBNAIL JOB DESCRIPTION
What is a notary public, and what are a notary's responsibilities? Simply put, a notary is a state-appointed official whose major job is to witness the signing of legal and other official documents. In doing so, the notary in effect testifies to the identity, willingness and competence of the signer or signers.
Most affidavits and real-estate agreements are not legally binding unless they bear a notary's signature and stamp or seal. Notaries also have the right to take depositions and administer oaths. And in three states - Florida, Maine and North Carolina - they can perform marriages.
Notarization is no guarantee of a document's contents. But a notary's seal or stamp is taken as proof that the signature on the document is authentic.
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