Posted by Bee_CA on 11/10/11 6:03pm Msg #403488
Notary Seal
I searched for this topic before posting, but I couldn't find anything about it. What is the consensus on placing your notary seal on a form simply for "proof of commission"? I know the NNA says "No", but I don't find anything in the California Handbook addressing this specifically. I have a new SS asking me to do that for a signing tomorrow. I have offered to write the information from my seal on that form for them.....
Any thoughts? TIA
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Reply by Notarysigner on 11/10/11 6:11pm Msg #403491
You ever think they might be testing you? Jurat, Ack yes...anything else..No.
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Reply by Linda Spanski on 11/10/11 6:11pm Msg #403492
from the CA notary handbook; please read it carefully
A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE. (Government Code section 8207)
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Reply by Sylvia_FL on 11/10/11 6:14pm Msg #403496
Re: from the CA notary handbook; please read it carefully
LOL - must have been posting while I was typing the message.
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Reply by Sylvia_FL on 11/10/11 6:13pm Msg #403494
Page 9 of your handbook
A Notary Public shall not use the official seal or the title Notary Public for any purpose other than the rendering of notarial service (Government Code section 8207)
Proving your commision is not rendering notarial service. Fax them a copy of your commission if they need proof.
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Reply by GOLDGIRL/CA on 11/10/11 6:13pm Msg #403495
I think the handbook is pretty specific on this: "A notary public shall not use the official seal .... for any purpose other than the rendering of notarial service." Gov't Code 8207.
I don't know any other way of interpreting this. There has been much posted about this; don't know why you can't find it doing a search. In any case, the consensus among CA notaries has been that you cannot willy nilly use your stamp just cos somebody wants it as "proof of commission." I think writing the info or providing a copy of your commission would be sufficient. Or directing them to the CA SOS Web site, which lists all commissioned notaries. I think I also read that some notaries stamp their seal then draw a big X through it ... others I know have written: "Not authorized by state code."
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Reply by Bee_CA on 11/10/11 6:16pm Msg #403497
Thanks all for confirming my thoughts!!!
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Reply by TacomaBoy on 11/10/11 6:25pm Msg #403499
Notary Seal
I agree with all of your comments, but how about printing "SAMPLE" prominently across the seal. T The seal is rendered useless for its intended "official" purpose and the seal request is still honored.
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Reply by Notarysigner on 11/10/11 6:50pm Msg #403502
That information is available on the SOS website for anybody wanting to know name, address, commission #, expiration date, etc.
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Reply by Susan Fischer on 11/10/11 7:12pm Msg #403503
Nope - I write in "Not legal." Never had a problem. n/m
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Reply by JanetK_CA on 11/10/11 7:24pm Msg #403506
I think the statement from the CA notary Handbook is pretty explicit and I recommend taking it at face value and not using the stamp in ANY way for other than official purposes. It doesn't say "unless you draw a line through it" or "unless you write something over it".
I've never had a problem, either, explaining that the request is illegal in California. My strong recommendation - for any California notary, at least - is to just not do it!
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Reply by Marian_in_CA on 11/10/11 8:25pm Msg #403513
I'm with Janet on this... never, ever, ever. n/m
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Reply by FlaNotary2 on 11/10/11 7:41pm Msg #403508
I wouldn't do it.
I wouldn't even provide them with a copy of my commission. I'm worth more than that and am not going to allow someone to treat me like a criminal.
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Reply by VT_Syrup on 11/10/11 7:43pm Msg #403510
Re: I wouldn't do it.
A way around it would be to find a jurisdiction that gives online access to recorded documents, find a document you notarized that is on file there, and give the signing service the URL where they can look at your seal.
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Reply by Marian_in_CA on 11/10/11 8:35pm Msg #403515
Re: I wouldn't do it.
I don't see the harm in showing anyone a copy of my commission. I carry a color copy with me everywhere I go and am happy to show it when asked.
Nobody gets a copy of my seal... ever. One time, at a County Jail, the Sherrif duputy in charge insisted on using my stamp to verify that it matched the label on top. The whole time, he insisted I'd get it right back, he just needed to check the impression. I absolutely refused, told it it was against the law, but he just laughed at me and said, "I think I know what is and isn't against the law." ...and he wouldn't let me in to see the inmate. He said that a lot of people have come in pretending to be notaries to get visitation time outside of regular visiting hours. What they do is put a fake label on a stamper to make it look like a notary seal or they find old discarded ones from expired commission. Their reasoning for checking the impression is that only somebody with a valid commission could get a current notary seal.
The next day I contacted the jail and spoke with his boss. They were not aware it was wrong to do that. I faxed him a copy of the pages from the handbook. I later got a letter from them thanking me for the information and they have changed their procedures to require any notary coming in to that jail to provide a copy of their commission. They then verify it against the ID and the state's list from the SoS. They will still ask us to show them the seal, but they will not touch it or make an impression with it.
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Reply by Bob_Chicago on 11/10/11 8:50pm Msg #403518
I have heard rumors that if a CA notary stamps their seal
on a blank piece of paper, in a locked room, for the sole purpose of checking to see if the seal needs reinking, then black helicopoters will be dispatched from the Secretay of States office, and that Notary will be prohibited from consuming alfafa spouts for a 30 day period. That might be considered torture for a true Californian.
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Reply by FlaNotary2 on 11/10/11 8:55pm Msg #403520
ROFL!!!!!!!!!!!!! n/m
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Reply by GOLDGIRL/CA on 11/10/11 9:59pm Msg #403532
More horrors!
Not only that, they take away our Birkenstocks, surfboards and medical marijuana, prohibit us from sipping Zinfandel while we sign docs and we can't call anybody "Dude." It's just barbaric!
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Reply by MW/VA on 11/11/11 3:30pm Msg #403625
ROFLMAO! Tooooo funny, Bob! :o) n/m
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Reply by Priscilla Witman on 11/10/11 9:22pm Msg #403528
Sounds like a Quicken loan. n/m
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