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Posted by Robert Koehler on 4/10/09 7:36pm Msg #284404
Florida notaries... printing name under signature
I posted about this a few days ago. I've always been under the impression that my name must be printed, typed, or stamped underneath my signature - in addition to affixing my stamp seal. Of course, as I mentioned before, I hate doing it. Today I came across an old issue of "The Notary View" from 1993, which was a newsletter sent out by the state Notary Section after the change in law that replaced embossers with stamps. Although the newsletter is not formatted correctly in the PDF, you can see on page 3 that it clearly says that stamping your seal underneath your signature satisfies the requirement that the name be printed, typed, or stamped. The newsletter is at http://www.flgov.com/pdfs/1993-2.pdf - see paragraph 5 in the middle column.
Any opinions on this?
| Reply by Linda_H/FL on 4/10/09 7:45pm Msg #284405
From Page 28 of the FL Governor's Manual, Updated November 1, 2001:
The seven components necessary for a certificate:
venue (the location of the notarization) type of notarial act (oath/affirmation or acknowledgment) that the signer personally appeared before the notary (“before me”) actual date of notarization name of person whose signature is being notarized form of identification signature of notary name of notary printed/typed/stamped below signature notary seal (with the 4 essential elements
Please note the last two SEPARATE items....name of notary printed/typed/stamped below signature AND notary seal (with 4 essential elements)
| Reply by Robert Koehler on 4/10/09 7:47pm Msg #284410
Then why does the Notary View issue mentioned above say that the two acts can be combined?
| Reply by Sylvia_FL on 4/10/09 8:10pm Msg #284417
I go off the Florida statutes pertaining to notaries. The Governors manual is a good guideline too. As Linda says Notary law requires the seal and also the name of the notary under the signature. (two separate things)
From the Statutes:
(4) When notarizing a signature, a notary public shall complete a jurat or notarial certificate in substantially the same form as those found in subsection (13). The jurat or certificate of acknowledgment shall contain the following elements: (a) The venue stating the location of the notarization in the format, “State of Florida, County of _______________.” (b) The type of notarial act performed, an oath or an acknowledgment, evidenced by the words “sworn” or “acknowledged.” (c) That the signer personally appeared before the notary public at the time of the notarization. (d) The exact date of the notarial act. (e) The name of the person whose signature is being notarized. It is presumed, absent such specific notation by the notary public, that notarization is to all signatures. (f) The specific type of identification the notary public is relying upon in identifying the signer, either based on personal knowledge or satisfactory evidence specified in subsection (5). (g) The notary’s official signature. (h) The notary’s name, typed, printed, or stamped below the signature. (i) The notary’s official seal affixed below or to either side of the notary’s signature
| Reply by Linda_H/FL on 4/10/09 7:53pm Msg #284415
Robert.....The Notary View, 1993 vs. FL Governor's Manual 2001.....no contest which one I'm listening to..
| Reply by Glenn Strickler on 4/10/09 9:24pm Msg #284425
None of my business really but,
I don't put much faith in an 18 year old publication over a current official handbook.
During my corporate life and even today when I work as a consultant infrequently, any subordinate or applicant who tried to short-cut work by splitting hairs was not someone I would hire or if employed by my company, not someone who was going to have a long career. I'm just sayin'.
Sorry if I seem a little tough, but I really don't see what the big deal is .......
| Reply by jba/fl on 4/10/09 9:40pm Msg #284427
My 2 cents, of observation in legal circles
The stamp under the signature suffices - rarely is the name printed, etc. I think that secretaries, paralegals and other notaries in the legal profession have been doing this for so long, that they use the old manual and the new one, which is still outdated on some things, is not consulted. When the older secretaries, paralegals & other notaries teach process to newer ones, they are teaching what they learned to be true, ie, the 'old, outdated way'. Like many places, take the test online, keep taking until you pass, then pay and be on your way.
| Reply by Linda_H/FL on 4/10/09 9:49pm Msg #284429
Re: My 2 cents, of observation in legal circles
"The stamp under the signature suffices - rarely is the name printed, etc"
Julie - based on the manual and the statutes Sylvia cited, this is not accurate....just because it's rarely done doesn't mean it's not supposed to be done.
| Reply by Sylvia_FL on 4/10/09 10:26pm Msg #284436
Re: My 2 cents, of observation in legal circles
Julie did say "in legal circles" and don't forget many attorney's are not fully conversant with notary laws. As most on here know I am a certified notary instructor, even though I haven't taught classes in a couple of years due to my health, and I always stressed the 9 elements of a Florida notary certificate, now #4 is not an absolute, the statutes say that absent the information it will be presumed that notarization is for all signatures. But I always stressed it is a good idea to put the signers names in the certificate in case another party signs the document after notarization.
1) The venue (location of the notarization) 2) Type of notarial act (acknowledgment or oath/affirmation) 3) The signer personally appeared before the notary ("before me" 4) The name(s) of the signer(s) 5) The actual date of the notarization 6) The form of identification used to identify the signer/s 7) The signature of the notary 8) The name of the notary printed/typed/stamped below the signature. 9) The notary seal
| Reply by Maureen_nh on 4/10/09 11:00pm Msg #284438
Re: My 2 cents, of observation in legal circles
We did not have to do this (JP'S) for many years, but peoples handwriting has deteriorated so much that a stamped or printed name has to be provided now. I have seen some of these signatures and God only knows who performed the notarial act.
| Reply by jba/fl on 4/11/09 1:26am Msg #284445
Re: My 2 cents, of observation in legal circles
But Linda, it will take me soooo long to visit every office, every notary therein, to get them all to come into compliance. I'm working fast as I can.
| Reply by PAW on 4/11/09 7:25am Msg #284450
FL notaries... printing name under signature still required
When FL notaries used the impression embossing seal, the requirement of printing (or typing or stamping) your name beneath your signature was necessary. Now, with the rubber stamps as the only 'official' seal, the necessity really isn't there, but, none the less, the requirement remains as stated in the Reference Manual and statutes, additional to the seal.
| Reply by Gary_CA on 4/11/09 12:37pm Msg #284483
Robert, pull your head out!
This is the second thread about the name under your signature... and the last thread you mentioned you've been through a few stamps and seals because they weren't pleasing to your eye???
Bud, you've already spent more time arguing about this stupid detail than you will spend stamping your name under your signature for the rest of your life.
NOBODY CARES.
NOBODY cares if your name stamp is a little bigger or a little smaller or if your seal is ugly.
Just follow the damn rules, stamp the damn cert, get paid and on to the next job. That's how you make money in this business.
| Reply by Glenn Strickler on 4/11/09 2:36pm Msg #284495
So, Gary, what do you really think? n/m
| Reply by Dennis D Broadbooks on 4/11/09 4:02pm Msg #284500
Gee, Gary...
...your rather uncharacteristic outburst made me take a gander at the NL West Division standings & sure enough, the Codgers have lost their last 2 games. Don't worry, this too shall pass. It's a long 162 game schedule...& Manny WILL be Manny. He's got 4 ribbies in 5 games with a .294 average. It could be a lot worse...although you did just lose Hiroki Kuroda to the 15 day disabled list. I'm trying real hard to find a silver lining...honest, Gary!
| Reply by Sylvia_FL on 4/11/09 4:42pm Msg #284501
Re: Gee, Gary...
Dennis Quit picking on Gary! Need I needle you about the St Louis Rams and the New England Patriots and Ted Drewes?? 
| Reply by Dennis D Broadbooks on 4/11/09 4:51pm Msg #284502
Well, Sylvia...
...I don't mean to pile on Gary, but I just witnessed Albert Pujols jump on the 1st pitch he saw from Roy Oswalt in the bottom of the 5th inning with the bases loaded & it landed in Big Mac land in the left field seats. Puts the Cards up 6-0. I'm feeling pretty good right now...sorry, Gary!
| Reply by Dennis D Broadbooks on 4/11/09 5:24pm Msg #284505
Uh, Gary...
...Albert just tacked on a 3 run shot for good measure in his next at bat. A cool 7 rbi's for the day. What can I say?
| Reply by Robert Koehler on 4/11/09 9:02pm Msg #284530
Re: Uh, Gary...
Well to begin with, I don't think a personal attack is necessary. Let me say that I am not a signing agent. I am a notary. As a notary, my notarial certificates are important. The certificates I execute are often incorporated into official records which will be microfilmed and archived for hundreds and hundreds of years. I suspect that one day, my great-great-great-grandchildren will sit down at the courthouse, as I have done, scrolling through microfiche and coming across my signature as a notary public. I believe that every one of my notarial acts is significant enough in and of itself that the certificate should be aesthetically appealing. And I don't think that printing or stamping my name on a pre-printed form which does not have space for it takes away from that aesthetic appeal. My seal is not "ugly", as I have custom designed all seals I have to make sure that they meet my own personal standards.
I have always complied with every Florida Statute regarding the notary law. I also disagree with some of the requirements. It doesn't mean I haven't complied. I don't think of it as stamping my name on a piece of paper and getting over with, because I think my job as a notary is more important than that.
| Reply by Glenn Strickler on 4/11/09 10:20pm Msg #284540
Bottom Line Robert,
Robert, I think what we were trying to tell you, some gracefully, some not so gracefully, was that you are putting way too much energy in to this issue. You might be able to change it by writing a letter to your state legislator, but there are probably much more productive areas you should put your energy into, like maybe marketing yourself and increase your income.
And I do have to add that we are all notaries and we all have documents that will be microfilmed into official records and archived for a long time and we all want things to be as neat as possible. Over the course of my life, I have spent many hours in various halls of records around a lot of people searching documents for one project or another, but I have yet to hear someone comment "Wow, isn't that aesthetically appealing?". We just want to know the who and how. And they are readable, or the county recorder won't record it. Lucky for you that you don't practice in a state where the size and borders of the notary stamp aren't strictly controlled where you can't custom design it.
| Reply by Dennis D Broadbooks on 4/12/09 6:38am Msg #284550
Are You a Rays or a Marlins Fan, Robert?
Gary & I have our priorities, ya know. Inquiring minds would like to know.
| Reply by Gary_CA on 4/13/09 2:51pm Msg #284733
He acts more like a Yankees fan. n/m
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