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PWinFL
Florida
469 Posts |
 Posted - 01/13/2011 : 5:52:33 PM
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quote:
Originally posted by DianaNotary
... people who sign have no clue :)
That's why it is extremely important that a notary know their laws and differences and purposes of each notarial act. They can then educate the signer on the act and its ramifications.
If the signer doesn't have a clue as to what their signing and what the notary is for, then you cannot notarize their signature because they don't understand or comprehend. Educate the signer so they can make the appropriate, unbiased and non-coerced decision. You cannot allow a clueless signer to sign a document that requires their signature to be notarized.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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DianaNotary
California
171 Posts |
Posted - 01/13/2011 : 11:37:45 AM
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I totally understand the law- people who sign have no clue :)
this was for California.
http://www.DianaNotary.com |
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PWinFL
Florida
469 Posts |
Posted - 01/12/2011 : 07:39:01 AM
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Diana, et al... I don't think this will happen because there are substantial differences between taking an acknowledgment and giving an oath (which uses a jurat certificate). I don't mean to sound harsh, but your statement, "... I would propose is requiring only 1 type of notary act (either jurat or acknowledgement [sic]) for all the instruments." would lead me to believe that you do not understand the difference between the two acts.
The following excerpt is from our (FL) Notary Reference Manual and highlights this situation:quote:
When you notarize a signature, you must perform one of two official notarial acts: take an acknowledgment from or administer an oath (or affirmation) to the document signer. These two acts have different purposes. The lack of understanding of these basic duties causes confusion and often leads to errors in notarizations, even among the most experienced notaries.
Never drive any faster than your guardian angel can fly.
I am not an attorney licensed to practice law in the State of Florida,
and I may not give legal advice or accept fees for legal advice.
Visit us online at http://www.PAWnotary.com |
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DianaNotary
California
171 Posts |
Posted - 01/11/2011 : 10:16:40 AM
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I believe one possible change I would propose is requiring only 1 type of notary act (either jurat or acknowledgement) for all the instruments.
In practice, a California notary can not decide what type of notarial act a document requires. The customer must know and tell the notary. However, the signers have no clue what they really want?
I believe it could make it easier if the State had only 1 standard notarial act with standard wording that could apply to all signings.
http://www.DianaNotary.com |
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jbelmont
California
3106 Posts |
Posted - 01/07/2011 : 5:40:22 PM
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As we are all painfully aware, each state has different notary laws. Most of the general rules are similar, but there are so many differences. Journals, seals, credible witnesses, attorney states, spousal states, and the list goes on. Many of us think that a few of our state notary rules are foolish or ridiculous. What notary law changes would you propose for YOUR state?
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Question 29 - Propose a state notary law change
