Builders and Contractors Exchange
Weekly Bulletin: 11 apr 2008
Get To Know The New Notary Laws
More often than not, you will (and should) be executing legally binding documents under the direct supervision of an attorney, but occasionally you may be thrust in a situation where you are executing documents (that need to be notarized) without the benefit of your counsel being present. As of July 1, 2007, if you have an in-house notary or ever use a public notary without the supervision of an attorney, there are several changes to the existing notary laws that may affect you. Such changes may affect the validity and recordability of an important document, and thereby adversely impact your legal rights as contemplated in the document, particularly if such document ends up getting recorded later than originally planned because of a defect in the notary block.
First, the most important change is that all the signatures (all of which must be originals) must be on the same page as the notary certification. It is no longer sufficient to simply attach a separate page that has notary blocks on it, even if the information in such notary blocks is correct.
Next, seals that do not show up when photocopied are no longer valid. In other words, notaries will need to use a new inked stamp rather than raised seals that have been traditionally used. One possible alternative to the inked seal, if the notary has not received one yet, would be to shade in pencil over the embossing so that it can be recorded in the clerk's office at the applicable courthouse. The notary registration number for each notary will also need to appear on such inked stamp.
Finally, notaries are also prohibited from signing or sealing any incomplete notary certificates (this includes information regarding the date, county and state). Further, to properly identify a signatory appearing before the notary, notaries may now rely upon either (i) one credible witness that is currently known to the notary or (ii) two credible witnesses who present satisfactory identification documents.
Since having a proper notary block may have a bearing on the validity and recordability of certain documents, it is strongly advised that you seek the advice of your legal professionals prior to executing such documents so as to possibly avoid unintended complications down the road.
Questions?
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This article is meant to bring awareness to this topic and is not intended to be used as legal advice.