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#1667321 - 02/17/12 08:32 PM Notary Compliant Documents
ChrisseyNJ Offline
Junior Member
Joined: Feb 2010
Posts: 40
New Jersey
This was posted here a rather long time ago - couple years maybe- and I just got a message to my old in-box requesting a repost (on the heels of the DOJ settlement)

http://www.notarypower.com/doc_guide.html

Its a free resource for those who may need/want it specific to your notarized documents; assists your departments who are receiving completed documents to know what they are looking at, how to reject improper docs, and how to ask for the appropriate notarial act based on the document.

I am not an attorney licensed to practice law in this or any other state... I am, however, an expert witness in cases involving notary-employees. frown Prevent litigation with education smile
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#1667365 - 02/17/12 08:56 PM Re: Notary Compliant Documents ChrisseyNJ
Andy_Z Online
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I worry though how much is state specific?
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#1667427 - 02/18/12 05:24 PM Re: Notary Compliant Documents ChrisseyNJ
ChrisseyNJ Offline
Junior Member
Joined: Feb 2010
Posts: 40
New Jersey
Andy,
Having your notary-employees and document preparers understand the basics that do not change from state to state, i.e.:
1. Personal appearance of every signer
2. Understanding the difference between an acknowledgment and a jurat (and where needed)
3. Supervisors understanding the role of the notary-employee and not requiring something illegal or unethical of them
4. Having a notary-employee policy that includes education and disciplinary actions for non-compliance
5. Notary-employees knowing and applying the standard "Code of Conduct" that does not change state-to-state. (record keeping, identification requirements, etc.)
6. Standard notarial certificate wording

State specific powers and prohibitions (can your notary-employees perform marriage ceremonies? can they certify copies of non-public documents?) can be wrapped in a state-specific notary-employee policy/program, but that "Doc Prep" resource, (while it repeats NJ throughout) is suitable for every state.

Because I am not an attorney, I have to put that disclaimer in there. I am, however, a subject matter expert your attorneys do call and retain in court cases involving your notary-employee misconduct.

I have worked for more than 5-years trying to get banks to listen (as a branch manager, I saw the mistakes first hand) and successfully launched a full policy/program that is exactly what the DOJ mandated in their settlement with the affected institutions 5 years before they mandated it. So successful was that program, a national trade organization picked it up (in 2011) and now offers it under their name. I remain dedicated to work with smaller institutions who dont have the budget for a national commercialized provider.
(Lorman will be offering one of my webinars on May 11 specific to the notary-employee and even that is more expensive than getting the same information from me.
Because our bankers are front and center, they need to know which documents they can decline. But, our internal documents must first be compliant- Auditing internal documents for appropriate wording and making sure none of our internal policies say something like, "Write your change of address instructions and have it notarized." Having something signed and stamped by a notary bears no legal weight. That same instruction (based on the underlying purpose of the document) should say, "Write your change of address instructions and have it acknowledged by a notary." as that is the appropriate instruction. That does not change from state to state. Jurats and acknowledgement's are the same.
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~at the end of the day, the only opinions that matter are those of my children~

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