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zanger
16 Posts |
 Posted - 01/14/2009 : 8:12:18 PM
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quote:
Originally posted by theinsurancelady
have you ever considered providing common forms for a fee as part of your notary business?
It depends on your state, some states like North Carolina and Florida (UPL is now a felony) are very strict, while other are more less strict. Arizona has licensed document preparers that are almost all notaries. Only get involved in providing legal forms if you have a deep knowledge of UPL laws, which you obviously do not. One misspoken word and you will be in hot water.
UPL laws are more strictly enforced against notaries, which should not be surprising since UPL laws were created to put notaries out of business to begin with. Before UPL laws will drafting was a major part of a notary's business, and notary books use to include suggested Last Will and Testament forms.
Here are some free forms with instruction from the Florida Bar, with directions: http://www.floridabar.org/tfb/flabarwe.nsf/840090c16eedaf0085256b61000928dc/b954f12053a410ec85256e28005bd4a0
This is from the Florida Supreme Court:
quote:
It shall NOT constitute the unlicensed practice of law for non-lawyers to engage in limited oral communications to assist individuals in the completion of legal forms approved by the Supreme Court of Florida. Oral communications by non-lawyers are restricted to those communications reasonably necessary to elicit factual information to complete the form(s) and inform the individual how to file such form(s).
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Renee
Michigan
549 Posts |
Posted - 12/09/2008 : 09:14:24 AM
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My point was apparently not clear, but that's okay - another day, another dollar.  |
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Lisa T.
California
391 Posts |
Posted - 12/08/2008 : 1:43:09 PM
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Renee, you're correct...non sequitur is two words. Funny thing though, when a word is misspelled here, a red line appears under it. When I type "nonsequitur", no red line appears. When I type "non sequitur", a red line appears under "sequitur". Nonetheless, it doesn't change my position. Non sequitur means "it does not follow". In other words, the conclusion drawn does not logically follow what preceded it. To me, it did not follow. Therefore, my use of the word was correct. In all other instances where you say I misused the word, to me, it did not follow.So in all other instances I claim correct usage of the word.
I cannot comment based on your definition of Ken's literary style. I base it on what I read and comprehend. |
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Renee
Michigan
549 Posts |
Posted - 12/05/2008 : 02:36:54 AM
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quote:
Originally posted by Lisa T.
Kenneth....an Acknowledgment (or Jurat) is not a form for the client...it is a notarial certificate and strictly for the Notary's use. By itself, the client has no use for it, therefore, it is not a sole exception....it is nonsequitur to the discussion of providing legal forms for a client. All Notaries should provide compliant notarial certificates if the document is either missing one, or the one printed on the doc is not compliant to their state when said doc would be filed in Notary's state.
Had to say all this as I thought it was rather silly to suggest an Acknowledgment is a legal form a client can use, in light of the original poster's message.
Lisa - obviously it is utterly critical that we all shoulder the responsibility of pointing out whatever petty foibles we might perceive of each other, regardless of the value or pertinence our criticism might actually possess.
I really must point out that you used the term "non sequitur" improperly (on several counts), since one might argue that Ken's rather infamous 'tongue-in-cheek' literary style could be easily assumed to apply to the comment he made. In this sense, his comment might thus qualify as a non sequitur within the context of humor. It is perhaps a stretch, but one I'm more than happy to extend to Ken. (For the record, the term is a noun, not a verb - and it is two words, not one.)
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Lisa T.
California
391 Posts |
Posted - 12/04/2008 : 9:03:44 PM
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Kenneth....an Acknowledgment (or Jurat) is not a form for the client...it is a notarial certificate and strictly for the Notary's use. By itself, the client has no use for it, therefore, it is not a sole exception....it is nonsequitur to the discussion of providing legal forms for a client. All Notaries should provide compliant notarial certificates if the document is either missing one, or the one printed on the doc is not compliant to their state when said doc would be filed in Notary's state.
Had to say all this as I thought it was rather silly to suggest an Acknowledgment is a legal form a client can use, in light of the original poster's message. |
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beccafla
Florida
96 Posts |
Posted - 10/20/2008 : 08:53:19 AM
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I am a Standard Legal affiliate and offer DIY Standard Legal forms on my website. I personally do not offer the forms Standard Legal does and I earn a commission on every sale my website generates. The only form I have for download on my site is a travel consent for minor children. I am in the process of switching to legalzoom.com because they have done a great job of branding and marketing. If you have a website, why not let it make you money as well as bring you business?
http://floridasnotary.com/dyilegaldocs.aspx
FloridasNotary.com
http://floridasnotary.com/fieldinspectorlist.aspx
Florida NSA Network - "Florida's Premier Notary Network"
Need a Mobile Closer in Florida? Ask me for a referral.
FloridaNSANetwork.com |
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mamiemk
California
5 Posts |
Posted - 10/19/2008 : 9:06:34 PM
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I've read some postings where if you supply the forms, you cannot <notarize. So you have a choice. When they call me, I usually tell them they can download forms from the internet (I think the site is freelegalforms.com) or purchase them from a stationary store. When they have it all filled, in then I will notarize.
Mary Kelly |
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edelske
New York
815 Posts |
Posted - 10/19/2008 : 3:17:21 PM
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Sole exception: I supply Acknowledgment forms - copied directly from the New York State notary manual. But for POA, Wills, etc - Linda said to best.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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Maureen
New Hampshire
9 Posts |
Posted - 10/17/2008 : 8:20:41 PM
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I agree, you can point them in the right direction but do not supply paperwork.
You could get stung. |
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LindaH
Florida
1754 Posts |
Posted - 10/17/2008 : 6:33:30 PM
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I guess it depends on each individual state's definition of UPL...but my personal opinion is no way would I take it upon myself to provide forms to people for their signatures - first time something goes wrong, the first words out of their mouth is "but the notary gave it to me!!" ... no thanks...I'll refer them to OfficeMax or Staples but I won't provide the forms - they can go pick out what they want then call me. If they don't know what to get I refer them to an attorney or to legal aid. MHO
Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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theinsurancelady
Washington
38 Posts |
Posted - 10/17/2008 : 3:36:52 PM
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A local stationary store sells blank POA's, lease agreements, etc. With the proliferation of legal form websites, have you ever considered providing common forms for a fee as part of your notary business? Or is that just too darn close to practicing law?
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Providing Common Legal Documents
