Posted by Teresa/FL on 4/21/11 3:31pm
Msg #380890

Any FL notaries receiving I-9 requests lately?

I've receiving a couple of calls lately requesting assistance with verifying identity and completing I-9 forms for companies who employ remote workers.

It has been a company representative calling instead of the employee, for a change, but I can't seem to get them to understand that I cannot affix my notary seal or sign in the capacity of a notary public since I am not performing a notarial act.

I can sign as their authorized agent, if they will put their authorization in writing, and can even make an "Attested Photocopy" of the employee's IDs if requested, but no notarization on the I-9 form itself means no "Notary Public" title following my signature on the form and absolutely no seal

Has anyone else receiving this type of call recently?

Reply by Art_PA on 4/21/11 4:01pm
Msg #380899

You don't notarize this form. You verify the identification. Read the I9 instructions.

Reply by Teresa/FL on 4/21/11 4:14pm
Msg #380901

I know that Art, but the requesting parties do not

That was my point. Did you read my post?

Reply by jfs/IL on 4/21/11 4:29pm
Msg #380904

Re: I'm Confused

What is the point if someone else gets that type of notification...you stated your issue and how you resolve it.

Reply by jfs/IL on 4/21/11 4:48pm
Msg #380909

Re: I'm Confused

The simple way is to verify the person thru proper ID and use an acknowledgment and notarize that.........then attach it to the I-9.
If they won't accept that then leave it alone!!

Reply by Linda_H/FL on 4/21/11 5:24pm
Msg #380921

Re: I'm Confused....Joe

"The simple way is to verify the person thru proper ID and use an acknowledgment and notarize that.........then attach it to the I-9."

Says who? The I9 doesn't require notarization

Reply by Teresa/FL on 4/21/11 7:36pm
Msg #380929

Exactly, Linda! That's the point, it doesn't require

notarization, but I can't seem to make these callers understand that what they are asking for is not allowed under Florida law. I am looking for the magic words to make them see the light, but it appears to be a lost cause. Here is what usually happens:

1. They make a request for an I-9 notarization.

2. I explain why I cannot notarize my own signature on a form (or anyone else's signature since there is no notarial certificate), but let them know I can sign as their agent as long as they send me written authorization to do so. I also offer to make an "Attested Photocopy" of the ID presented.

3. They ask "You can't just sign and stamp the I-9 form?"

4. I repeat the reason why this is not allowed.

5. They say "thank you" and hang up.

Reply by jfs/IL on 4/22/11 11:20am
Msg #381005

Re: I'm Confused....Joe

Linda, I was not saying anything about notarizing the I-9, I was referring to checking for proper ID and signature for the individual, Acknowledging that he/she is the person filling out and signing the form. That gets notarized and attached to the I-9.

Reply by Teresa/FL on 4/21/11 4:55pm
Msg #380911

Re: I'm Confused

I was wondering if anyone else is receiving these requests and if they are successful in being able to make the requestors understand why a notary seal cannot be used in this instance.

My resolution was not acceptable to the companies. Both calls I recently received did not end up with an assignment for me so I am guessing they kept calling notaries until someone complied with their requests.

Maybe the notaries who frequent this forum are not fulfilling the requests, but someone is. There are plenty of FL notaries who do not know the statutes and might comply.

Reply by jfs/IL on 4/21/11 5:05pm
Msg #380914

Check with Linda H. and PAW they are both from Florida. n/m

Reply by Linda_H/FL on 4/21/11 5:25pm
Msg #380922

I haven't Teresa...I can't help you...sorry..:( n/m

Reply by Teresa/FL on 4/21/11 7:57pm
Msg #380936

Linda, no magic words to make the general public understand

why this is not a valid request for notarization?

I'm just frustrated that my perfectly reasonable explanation and offer to handle the request utilizing an alternate method that would not flout the Florida notary statutes is being turned down. They move on to the next notary on the list until they find someone stupid enough to do what they are asking.

Coincidentally, I received an email request from a Canadian company a little while ago to perform an ID verification for them. They included a form where their client would sign and I would sign as their agent. They also are requesting a certified true copy of the client's ID.

I have no issue with their form, since I would be signing it as their agent, but am suggesting to them that I provide an Attested Photocopy of the ID instead of a certified true copy. I could stamp the ID copy "Certified True Copy" and sign it, but again it would be as their agent, not as a notary. At least the Attested Photocopy is an official notarial act.

It's up to them which copy type they want. At least they are not asking me to break any FL notary statues. This company seems to get it, unlike the others I have dealt with recently.

Reply by BrendaTx on 4/21/11 8:43pm
Msg #380952

Art, Florida notaries are being hounded about

stamping the I9 with their stamps.

She's not the first.

Reply by LKT/CA on 4/21/11 8:48pm
Msg #380953

I DO notarize their signature

I do NOT complete Sections 2 or 3. I make it clear to the customer that I cannot legally complete those sections. What I CAN do legally is notarize the customer's signature to a statement, therefore, I notarize the customer's signature to this statement on the form in Section 1: "I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form". I then ask the customer which notarial certificate they'd like me to complete (I explain the different).

http://www.uscis.gov/files/form/i-9.pdf

Look, the customer is told they have to have the form notarized. They don't particularly care (or know) HOW it gets done, they just know they need to return it completed and notarized. I notarize a signature to a statement - they're happy, I'm happy not having broken any laws, and the receivers of the doc aren't complaining.

Reply by Susan Fischer on 4/21/11 8:55pm
Msg #380957

Bingo. n/m

Reply by Teresa/FL on 4/21/11 8:58pm
Msg #380958

LKT/CA, I understand what you are saying

The difference is that I am being asked to complete Section 2. I cannot complete this section unless I am authorized to act as the employer's agent. They want me to sign and affix my seal to this section.

Reply by Linda_H/FL on 4/21/11 9:03pm
Msg #380959

Yabut..yabut..yabut...

What you do does the employer no good....they need Section 2 completed and signed - and they're asking you to do THAT as their appointed agent or rep....

You can notarize the employee's signature on his statement of understanding regarding false documents...but

The employer is still stuck with Section 2 being blank - which is what they wanted done in the first place...an attestation that they or someone on their behalf (you) have examined the original ID docs blah blah blah

MHO

Reply by Linda_H/FL on 4/21/11 9:17pm
Msg #380961

Sorry..post got displaced...was addressing LKT.. n/m

Reply by LKT/CA on 4/21/11 9:38pm
Msg #380963

Re: Sorry..post got displaced...was addressing LKT..

I explain to the customer what a Notary can LEGALLY do and what we cannot - REGARDLESS of what the employer wants. It's the customer's decision to go ahead with what I can LEGALLY do, with the understanding that my work is guaranteed and if the employer rejects what I can LEGALLY do, then they get a refund.

So far, I've not heard back from any customer where I notarized their signature for Section 1. You just have to explain to customers what you can LEGALLY do - and be willing to provide a refund if what you legally do does not satisfy the recipient. Then leave it up to the customer to take it or leave it.

In all cases so far, the customer does not want to leave without SOMETHING from the Notary - they take their chances that it will work. I've had many wacky (illegal) requests over the years - from, "He/she can no longer sign their name, just take their fingerprint" to "I don't have any ID, but I have my social security card and my ATM card......

I wouldn't say the customers were downright crooks...they just have no idea of notarial laws or what my duties and boundaries are. I have to explain the rules to them and let them know what I can do. From there, it's their decision to accept or decline.

Reply by LKT/CA on 4/21/11 9:54pm
Msg #380965

Re: Yabut..yabut..yabut...

<<<The employer is still stuck with Section 2 being blank - which is what they wanted done in the first place...an attestation that they or someone on their behalf (you) have examined the original ID docs blah blah blah....>>>

The Notary just has to explain to the customer that they follow ____________<fill in any state> law and not what employers *want* and ____________<fill in any state> notarial law says they can do ___________________. Then leave it up to the customer to decide if they wish to proceed with what the Notary can lawfully do, with the guarantee that if the recipient rejects it, the customer gets a refund upon returning the original acknowledgment or jurat to the Notary.

Reply by Marian_in_CA on 4/21/11 10:35pm
Msg #380972

There are ways to do this....

While the Government does not require the form to be notarized, some employers request that signatures on the form be notarized. It's not wrong to do it... if you do it properly. I do this all the time. Rather than explaining it all... see this from my website:

http://www.highdesertnotary.com/services-and-fees/68-i-9-forms-for-remote-employees

Reply by Teresa/FL on 4/21/11 11:36pm
Msg #380974

Re: There are ways to do this....

Marian,

I have been getting calls from companies wanting me to complete section 2, sign it and affix my seal.

When I explain why I cannot do this and give them the option of my acting as their agent and signing but not notarizing, they move on to the next notary.

Someone is complying with these requests, but it is not me.

Reply by Marian_in_CA on 4/22/11 6:55am
Msg #380989

Re: There are ways to do this....

That's sad.. You're doing the right thing. Unfortunately, some notaries are dumb enough to fall for it. I wouldn't... notarizing my own signature is grounds for all kinds of trouble.

Reply by FlaNotary2 on 4/22/11 6:18am
Msg #380987

Here's an idea

Why not get a fancy looking stamp made that has your name, the words "Authorized Representative for I-9 Certification", your city and state, etc. That might appease those who insist they need a notary seal on the document.

Reply by Marian_in_CA on 4/22/11 6:56am
Msg #380990

That's a creative way to get around it. n/m

Reply by Teresa/FL on 4/22/11 1:10pm
Msg #381015

It's a miracle - the company from yesterday called back

They are giving me the I-9 assignment and understand that no notarization will be performed.

Reply by Linda_H/FL on 4/22/11 2:08pm
Msg #381024

Yaayy!!!...:) n/m