Posted by NCLisa on 6/4/13 11:21am
Msg #472161

NC Notaries - Notary ID Certification

These questions were asked to the SOS to get written answers for 2 TC's that don't understand why these forms can not be signed by a NC Notary.


Question: The company would like me to confirm that as a notary I did my job, have me sign as a notary public that I verified ID and witnessed signatures, and acknowledged all docs in the signors presence, but it not be a notarial act. No stamp, no ack, etc, just sign the form as a statement that I did my job correctly.

Answer: The answer to that is no you cannot.

Thanks

Judy Fulmore

Customer Service
NC Secretary of State
PO Box 29626
Raleigh, NC 27626-0626
919-807-2219 fax 919-807-2210
[e-mail address]
_______________________________________________________________________________________


Question: I have been given this form to sign by several companies. Can I sign and stamp this? As I’m not notarizing anyone’s signatures?

Answer: No you cannot unless their was a complete acknowledgment on the document and you were going to notarize someone signature.

If you have further questions, please advise.

Thanks

Judy Fulmore

Customer Service
NC Secretary of State
PO Box 29626
Raleigh, NC 27626-0626
919-807-2219 fax 919-807-2210
[e-mail address]

Reply by Clem/CA on 6/4/13 11:36am
Msg #472163

Maybe you can write in you commission # and exp date without using your stamp and cross out the notary public and write in signing agent?

Reply by NCLisa on 6/4/13 11:44am
Msg #472164

I normally do doctor them. After doctoring about 100 of them for one TC, they kicked it back on one file. So I had to prove to them why I refused to do it their way. I'm sure this form is not up to notary law in several other states.

Reply by Priscilla Witman on 6/4/13 12:12pm
Msg #472166

If it's the same form I'm thinking of, I do the same thing on the ID verification form. Instead of applying my stamp as proof of commission, I either write my commission info or attach a copy of it. I also include the following on a post-it that I put on the face of my commission copy:

Per CA Gov't Code Section 8207: A NOTARY PUBLIC SHALL NOT USE THE OFFICIAL SEAL OR THE TITLE NOTARY PUBLIC FOR ANY PURPOSE OTHER THAN THE RENDERING OF NOTARIAL SERVICE. (Caps from the actual handbook, not me.)

So far, I've never had anything come back. Knock on wood.

Reply by SharonMN on 6/4/13 12:14pm
Msg #472167

I write in the space for the stamp: Declined - not a notarial act in MN. That way it is clear that it's not a notarization. You can also change "Notary Public" to "Signing Agent"

Reply by NCLisa on 6/4/13 12:35pm
Msg #472169

One company wanted me to not stamp it and just sign it as a notary but not a notarial act. I explained that I could not do that. The NC SOS would not allow that. I could sign it as a signing agent, but not a notary, and I could not certify that as a notary public I did my job.

They really need to change these forms to "signing agents" certifying that they have done their job correctly.

Reply by John Tennant on 6/4/13 12:41pm
Msg #472171

I do similar to Priscella, including a letter with the CA Code's of any/all things I am restricted from doing as an CA. NSA. I have also never had a problem.

Reply by ToniK on 6/4/13 12:42pm
Msg #472172

Similar discussion was on linkedin

on the TS notary ID. Same in Va, its prohibited to use seal as proof of commission. Has to be on official notary acts.

I just sign it no stamp. It was kicked back one time out of 100s I did and I politely explained how Im not allowed to stamp it. They said ok. I think the person who kicked it back was new.

Reply by parkerc/ME on 6/4/13 7:25pm
Msg #472262

Which opens up other questions....

So...if we are not doing signings and are only doing GNW...who are we? Nobodies? My business card lists my title as a Notary...I haven't added my notary seal or commission informationto my business card so it is not a notarial act, but I sure as hell included that title on my card...after all...that is part of my business title. Unless your state specifically forbids you from using Notary in your title on any non-notarial document...why should I not put at the bottom of the Customer Information/Verification form "Notary Signing Agent"...or even just circle "Notary" when they list 3 or 4 title choices. I do that and will continue to do so until such time as the state forbids it, which I doubt they will ever do. But I don't add any notary related information to it (commission information or notary seal/stamp). I'm not performing a notarial act, just signing that, yes, I am a Notary thankyouverymuchthat'soneofthereasonsyouhadmedothissigning. (I don't know of any Signing Agents who are not also notaries.?) I'm not going to microanalyze this whole title thing. My business letterhead includes my title as Mobile Notary/Signing Agent. I have no qualms about just signing the ID statement and indicating that I am a Notary.