Posted by SERVICIO on 9/2/12 11:44pm
Msg #432878

Notaries using signature stamp

Are there any States that do not accept signature stamps by notaries?

Reply by Roger_OH on 9/3/12 12:33am
Msg #432879

I'd be more surprised if any states DID accept them; an open invitation to fraud.

Reply by HisHughness on 9/3/12 12:47am
Msg #432880

I was wondering about thumbprint stamps, too. n/m

Reply by Linda_H/FL on 9/3/12 7:48am
Msg #432886

Florida notaries can use signature stamps, but

they have to prove to the SOS that there's a medical reason for the necessity. It's more an exception than the rule.

Reply by Lee/AR on 9/3/12 8:20am
Msg #432887

Arkansas allows it--with many stips

the most bothersome being written consent of any/all other persons signing the document for the notary to use the facsimile signature stamp.

Reply by 101livescan on 9/3/12 8:29am
Msg #432889

Not in CA for sure

Our State is the most highly regulated in terms of Notary Law in the United States. No way can we use a signature stamp, all original signatures and notary seals. No copies are accepted.

Reply by Linda_H/FL on 9/3/12 8:48am
Msg #432895

I'm thinking the SOS may have provisions for this

somewhere, though it would probably take some research by the person needing to use a signature stamp - flat-out not allowing it MAY be construed as a violation of the ADA....

JMO

Reply by Susan Fischer on 9/3/12 9:31am
Msg #432897

No sig stamp by Notaries in Oregon:

194.166 Grounds for refusal to issue commission; revocation or suspension of commission. The Secretary of State may refuse to issue a commission as notary public or may revoke or suspend the commission of any notary public upon any of the following grounds:

(12) Failure to complete an acknowledgment at the time the notary’s signature and official seal are affixed to the document.

ORS 194.005 (4), (5) each refer to the "Notary's signature."

Elsewhere, several mentions of Notary's signature as being prima facie evidence a Notarial Act was performed.

The only mention I can find re a signature stamp is for the Blind signer, who, may use a sig stamp "before the Notary."

Not sure about reciprocity.

Reply by Stoli on 9/3/12 10:33am
Msg #432905

Marian is the expert on electronic seals and signatures.

Maybe she will respond.

State of California - Notary Public Handbook 2012

Page 43, Civil Code

§ 1633.11. Notarization and signature under penalty of perjury requirements
(a) If a law requires that a signature be notarized, the requirement is satisfied with respect to an electronic signature if an electronic record includes, in addition to the electronic signature to be notarized, the electronic signature of a notary public together with all other information required to be included in a notarization by other applicable law.

I don’t remember why I believe electronic seals and signatures are disallowed on deeds and powers of attorney forms, but I seem to remember reading it, or maybe Marian wrote about this subject. I really can’t remember. In fact, an electronic seal may be purchased through Notary Rotary.
* * *

Reply by VT_Syrup on 9/3/12 2:06pm
Msg #432931

Re: Marian is the expert on electronic seals and signatures.

There are at least two issues.

1. Is a notary allowed to sign and or "seal" (whatever that means in an electronic document) an acknowledgement certificate or jurat electronically?

2. Will the land record office accept an electronic deed or POA for recording?

Reply by Linda_H/FL on 9/3/12 4:04pm
Msg #432941

I don't think this thread, or the original questions

is about electronic seals or signatures...it's about a notary's ability to use a rubber signture stamp...bit difference

Reply by Stoli on 9/3/12 6:04pm
Msg #432951

How right you are, Linda. I misread it. n/m

Reply by Saul Leibowitz on 9/3/12 9:14pm
Msg #432962

Not allowed in Illinois

and I don't think it is allowed in Wisconsin, either.

Reply by SERVICIO on 9/4/12 9:51am
Msg #432984

Yes, my original question was is a Notary allowed to use a rubber (blue inked) signature stamp in other states? I called here in TN (many years ago) to the Notary Commission office at the state capital and I was advised that it was the notaries discretion but that there was no regulation or law that prevented a Notary from using one. I have been a notary for 17 years but I only decided to us a signature stamp 8 years ago. I have been doing signings for about 4 years. I have never had anyone complain about my sig. stamp. Until last week and the SC wanted to charge me to send in new acknowledgements. I have done signings for WELLS FARGO, BOA, and other big banks and I have never received any question about my signature. The SC, So-Cal, who called me last week was the first signing I have ever done for them. They charged me to send in new acknowledgements because of my signature stamp. I do not know if that is right or not. Even though the document is for CA the signing is done under TN law, right? Our public officials here in county offices use signature stamps to notarize documents.

Reply by NJDiva on 9/4/12 12:19pm
Msg #433026

" I called here in TN (many years ago) to the Notary...

... Commission office at the state capital and I was advised that it was the notaries discretion but that there was no regulation or law that prevented a Notary from using one."

That was then, the below is now:

"Duties. A notary must sign all documents in ink by his or her own hand, and affix the notary’s official seal. T.C.A. § 8-16-112."

I was looking through the TN manual and came upon the above. Based on how strict everything has become in this industry, I would imagine, it might be in your best interest to burn that thing...lol

Reply by MW/VA on 9/4/12 1:36pm
Msg #433054

IMO, using a signature stamp is a really bad idea, and this

is the first I've ever heard of a notary doing that. I guess that's why you're getting work from the worst cos. in the biz.

Reply by JanetK_CA on 9/4/12 3:05pm
Msg #433073

Agree, bad idea. A signature is fundamental to what we do.

And a stamp is far more amenable to fraud. All someone would need to do is make a copy from an existing notary certificate and have another stamp made. Waaaay too easy, imo.