Sec. 12. (a) A notarial act must be authenticated by a certificate bearing the date of the notarial act and the signature of the notarial officer. 12(a)(1) The certificate must be completed contemporaneously with the performance of the notarial act. 12(h) A notarial officer may not affix a signature to or associate a certificate of a notarial act or an electronic notarial certificate with a record until a notarial act has been performed.
The recorder may be liable for practicing law without a license, attempting to interfere with or influence a notary public to violate the law, and damages to customers for refusing to accept properly notarized documents.
If the recorder is also a notary, and misunderstands the correct date to use in a notarial certificate, she may be liable for any documents she has notarized using false or incorrect dates.
Many notary journals include two date columns: one for the notarization date, and one for the document date, if different. |