Mobile Notary Directory Notary @ Your Door: Some basic answers! Notary @ Your Door mobile notary public

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Wednesday, June 06, 2012

Some basic answers!

May a notary public accept the sworn testimony of a person who witnessed a signature in lieu of the signer being present for the notarization?
No. Although some states may allow a notarization based upon such sworn testimony, Florida does not. Some notaries mistakenly believe that they may call the signer on the telephone to verify the signature and then proceed with the notarization. Florida law prohibits a notary from notarizing any signature if the signer is not present at the time of the notarization.

When I personally know the signer, am I required to indicate that fact in my notarial certificate?
Yes. When notarizing a signature, a notary public must always certify the type of identification relied upon, either personal knowledge or other form of identification produced. This can be done as part of the main wording in the notarial certificate or at the bottom of the certificate.
We have seen notarized documents where the notary simply noted "PK" or "DL", meaning "personally known" or "driver's license." These abbreviations are not clear, and we recommend that you make more specific notations about identification. Although not required, it is a good practice to indicate the identification card number and the state or country that issued the card. This will help to protect you in case a signer later claims that he or she did not sign the document and did not appear before you for the notarization.

Please review the form notarial certificates for examples of noting the method of identification.

May I attest to a photocopy of a resident alien card issued by the U.S. Department of Justice, Immigration and Naturalization Service?
Yes. This is a frequent request in Florida because of the large number of resident aliens living here. We have consulted the office of Immigration and Naturalization Service in Miami and learned that a person cannot obtain a certified copy of a resident alien card from any INS office. Therefore, if you have the original card, you may attest to the trueness of a photocopy if you make the copy or supervise the making of the copy. You should use a notarial certificate in substantially the same form as that provided in the notary law for attested photocopies.

The INS office emphasized that an attested photocopy of a resident alien card should not be used to prove residency status. Although the notary is not responsible for how the attested photocopy will be used, it may be a good idea to refer the party to an INS office if such certification is needed. If you believe that an attested copy may be used for an improper purpose, you should decline to attest to the copy.

Is there a shortcut for renewing my notary commission?
No. The application process for reappointment is exactly the same as for a first-time appointment. Incomplete applications will not be processed until the applicant submits all the required information. When applying for a renewal commission, treat it as a new application and do not refer our office or the Notary Commissions and Certifications Section to your previous application for information.

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South Florida Notary & Wedding Officiant 954-999-5018 or 407-489-7807 (Our on the road number)