Notary Biz Blog

Notary Public: The Short Answer

A notary public is a certified official that is capable of acting as a reliable, impartial witness for the signing of important documents. A notary public is also able to administer oaths and may have other official capacities depending on the jurisdiction.

In the United States, most notary publics charge a nominal fee for their services. Notary publics dispense their official duties by marking documents with their signatures and a distinctive embossed stamp or inked seal. A document which has been witnessed by a notary public has been notarized.

Notary Public: Benefits

The benefits of using a notary public are simple. By certifying the veracity of the signing parties, the notary provides an inexpensive way for organizations and individuals to enter into contracts and conduct business with a reasonable assurance that the notarized documents will be recognized in court.

Using a notary public is a way to protect against fraud, as the notary is responsible for requiring the signer of a legal document to establish his or her identity. Although this is not conclusive proof of identity, it provides reasonable evidence of identity so that every day business can be conducted. A notary also acts as a disinterested third party for parties entering into a legally binding agreement.

Notary Public: More Info, Please

HISTORY

The concept of a notary is as old as the Western concept of civil law, which has its beginnings in the courts of Rome. As the Roman legal system became more codified, the law courts became more and more reliant on the use of scribes for maintaining the court records. These scribes developed a system of legal shorthand, called notae. In time, a legal scribe earned the name notarius.

The name has been handed down through the centuries, living on past the fall of the Roman Empire. During the Middle Ages, the role of the notary public was often taken by the clergy, who were charged with recording private and public transactions, as well as drawing up official documents.

ROLE

Today, a notary public’s duties are somewhat different than the duties of a notarius. In the United States, a notary public has been authorized by a specific body, usually a state government, to perform the services of a notary. These duties are usually confined to the witnessing of documents and the administration of oaths. Some states also allow notary publics to certify copies of official documents

Two of the most common documents that a notary public will witness have to do with the sale or transfer of real property and the granting of power of attorney. A few examples of the documents that a notary public can officially witness include the following:

• Acknowledgements
• Affidavits
• Jurats
• Oaths
• Formal protests

Some states give notary publics significantly more duties. For example notary publics in Louisiana are able to perform most of the duties that a lawyer can provide with the exception of representing another person before a court. Three states–Florida, Maine and South Carolina–allow notary publics to solemnize a marriage ceremony.

Some states will require the notary public to maintain a record of official acts. Although keeping a journal of official acts performed is not mandated by all states, many professional notary organizations recommend that all notaries keep records of their actions.

SIDEBAR: Legal Language

Ever wonder why legal documents are about as clear as mud?

The wording of legal document has to abide by certain customs and restrictions in order to have any binding effect in a court of law. This wording is called acceptable language.

SIDEBAR: Documents and Definitions

Know your jurat from your acknowledgement? Here are the definitions of some of the common documents handled by a notary public.

Acknowledgement: A legal declaration of an act.

Affidavit: A sworn statement of fact

Jurat: A part of an affidavit containing the oath or affirmation.

Becoming a Notary Public

In the United States, each state is responsible for commissioning notary publics to practice within its jurisdiction. In general, the requirements for becoming a notary public are relatively easy to meet. In most states, an applicant must be at least 18 years of age. Most states charge a small fee as part of the application process. Some states require satisfactory performance on an exam before commissioning the notary officer. In some states, the notary is required to hold a bond as insurance in case of a lawsuit leveled against the notary public.

There comes a time in a person’s life that they will need a Notary Public. Whether it’s expected as in the cases where loan documents, contracts, or legal documents need to be signed or unexpectedly when a loved one is ill or is hospitalized and there is a need for a power of attorney or medical directive document to be signed in the presence of a Notary Public. Perhaps your car has been impounded and you need to have a vehicle release authorization notarized.

In some cases you can simply head downtown to your local mail store or bank, meet with a Notary Public, have your document notarized and then be on your way. However there are times when taking a trip downtown is either unrealistic or it’s just not convenient. This is when the services of a Mobile Notary can help you.

Below are a few examples of when to use the services of a mobile notary public.

1. You and your spouse need to sign a trust document and have it notarized, however you both work late and are unable to get to your local notary during the day at the same time. On top of that it’s much more convenient for the two of you to sign the paper work while you’re at home together. This is a great time to use the services of a mobile notary public as most notaries are available to meet with you at your convenience, day or night.

2. You own or work for a company that regularly or occasionally needs to have documents or contracts notarized, such as equipment leases, vehicle delivery forms, or legal documents for lawsuits or probate matters. When using the services of a mobile notary in these situations, you not only speed up the process of having your documents notarized by setting the time table for when your client will meet with the notary, you also show that you go the extra mile by providing a value added time saving service.

3. There are those times when it becomes physically impossible for someone to go and meet with a notary public, such as when loved ones fall unexpectedly ill, are in a nursing home, or are in a tragic accident. In these situations documents may need to be signed and notarized at a moment’s notice, and using the services of a mobile notary can make a critical difference. A mobile notary public is able to travel to hospitals, nursing homes, and just about any other location they are needed and there services are available at a moments notice.

Knowing when and why you need a notary public will help you to determine if using the services of a mobile notary is the right decision for you, your business and your clients. Remember that most notaries will charge additional travel fees for their services so it’s important to keep this in mind when choosing to use the services of a mobile notary public.

Mobile Notary advertising, the good and the bad

As mobile notary publics, we all wish that we could get our phone ringing off the hook like it was just a few years ago. At that time there wasn’t really much we had to do in the way of advertising to keep our phone ringing. Today, it’s a very different story.

Since the REFI boom ended there has been less work and more mobile notaries than ever before. The phones are no longer ringing off the hook and we are no longer turning away work. In fact, some of us are desperate for it.

Many mobile notary publics are turning towards advertising as a way to keep their phone ringing and business going. From notary search sites to yellow pages to PPC search engine marketing, every advertising avenue comes with different advantages as well as disadvantages.

Notary search sites

For a mobile notary a notary list is a very effective way to get your name in front of people who are looking for a notary public. These sites work by offering people who are looking for a notary public the ability to search for notaries within a specific zip code. Once the person starts a search they are given a list of names to select from and are then provided with the contact information to the notary.

Advantages: People calling you from the site actually need a notary. Some sites are free to advertise on.

Disadvantages: Most mobile notaries are on these sites so it is difficult to stand out from the crowd. The actual number of people using theses sites to search for a notary may be very low.

Yellow Page Advertising

For a mobile notary yellow page advertising can be very effective. Think about how you use your local yellow pages when you’re looking for something. If you’re like most people, when searching through the yellow pages you’re ready to buy. You are not looking through the local phone book for a cab company just to gather more information or check on pricing. No, you need a cab. And it’s the same with a mobile notary service, people looking in the local yellow pages for a notary public need a notary public, maybe even a mobile notary public, and chances are that if you have an add you will receive a call.

Advantages: Low cost. People using the local yellow pages are looking to buy.

Disadvantages: You can not change your add once published. In markets where there are a lot of other notary publics or mobile notaries advertising it can be hard to stand out.

PPC Search engine marketing

PPC is the common term used for what is known as pay per click advertising or pay for performance advertising. It works like this: search engines like Google and Yahoo offer you advertising for specific key words or phrases like “mobile notary” and you agree to pay a fee for each time someone clicks on your advertising. This form of advertising is very popular and effective. You have the control to set your daily or monthly budget so you never really over spend on your advertising, however to be effective you will need a website for your mobile notary service.

Advantages: Helps to control advertising costs. Real time key word or key phrase control. Be seen only when people are searching for your key words or phrases.

Disadvantages: Certain key words can be very expensive. You open yourself up to click fraud.

When you’re looking for new ways to advertise your mobile notary service, keep in mind the commitment you will be making with the advertiser. While some companies do not require any term commitments, others will want year long or multi year commitments. Never sign an agreement without reviewing the terms and conditions that you are going to be agreeing to, and make sure you have a solid understanding of what you can expect from your advertising.