Notarization in the United States

State Procedures and Penalties Regarding Notarizations

(Source: National Association of Secretaries of State (NASS))

Commissioned notaries must follow detailed procedures when performing a notarization. For example, each state prescribes the identification used to confirm a signer’s identity, and the contents of the notarial certificate.

The notary certificate generally contains statements about the notarial act (e.g. acknowledgment or jurat language), and information about the notary, such as the notary’s name, state, title, commission number, and commission expiration date. In 40 states and the District of Columbia, some or all of this commissioning and identifying information must be contained in a seal that is applied to the notary certificate. Twenty-four of these states allow notaries to use either an embosser, which creates a raised design on the paper, or an ink stamp to apply the seal (although not included in the number of states with a seal requirement, Louisiana considers the notary’s signature to be the seal).

The remaining sixteen states require that the seal be placed on the document with an ink stamp, and the District of Columbia requires an embossed seal.

In Arkansas, for example, a notary’s seal must be embossed or stamped on the notary certificate, and it must contain the notary’s name, the county where the bond is filed, the notary’s commission number, and the commission expiration date. In Arizona, the notary must use a stamp containing the notary’sname, title, county where commissioned, commission expiration date, and the Great Seal of Arizona.

Arizona also permits a notary to use an embossed seal, but only in conjunction with the stamp (Arizona Rev. Stat § 41-313 (2010)).

And in Idaho, the notary must use a stamp containing the words “Notary Public” and the name of the state (Idaho Code 51-106 (2010)).

In the ten states that do not require the use of a seal, the notary’s commissioning and identifying information must still be contained on the notary certificate. In eight of these states, the notary has the option of including some of this information in a seal. Vermont does not provide any guidelines for use of a seal, and Louisiana considers the notary’s signature to be the seal.

For example, Maine does not require a seal, but if a notary chooses to use one there, it must be applied with a stamp or an embosser, and it must include the notary’s name, title, and state (Maine Secretary of State, Notary Public Handbook and Resource Guide).

Nineteen states require notaries to maintain a journal or record book of notarial acts,
while many of the remaining states recommend the practice. The information maintained in the journal varies by state, but often includes the date of the notarial act, the type of act performed, the means of confirming the identity of the person for whom the notarization was performed, and the signature of the person for whom the notarization was performed. For an example of notary journal, see the Colorado Notary Basic Journal (Colorado Office of Secretary of State).

Performing a notarization is an official act and many state notary laws authorize specific criminal penalties for notarial misconduct. The penalties vary depending on the state and type of wrongdoing, but may include revocation or suspension of the notary commission and fines. Serious offenses are considered misdemeanors or felonies in many states. For example, notarizing a signature without the signer personally present is a gross misdemeanor in Nevada. Nev. Rev. Stat. § 240.155 (2010).

In Florida, preparing a false or fraudulent acknowledgment is a felony (Fla. Stat. § 117.105 (2010)).

Interstate Recognition of Notarizations

The bill H.R. 3808, the “Interstate Recognition of Notarizations Act of 2010,” deals on consumer protections, including those for mortgages, trying to remove impediments to interstate commerce. In October 2010, President Obama withholding his approval of this bill. (The Pocket Veto Case, 279 U.S. 655 (1929)).

Notarization in Apostille and Authentication Issuance

A notarization must include all of the formal elements required under the state law under which it is executed, including document execution, properly completed notarial certificate, and appropriate dates. The notary's signature and a seal alone does not constitute a notarization.