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edelske
New York
815 Posts |
 Posted - 05/16/2011 : 4:51:06 PM
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The best protection is to be a "by the book" notary. Read your states notary law - several times. Be totally "white hat" and don't venture into "gray" areas. Always discuss and have an agreement about your fee prior to arriving. There are several absolute NO NOs. You are probably aware of "backdating", notarization by Fax, etc.
If someone is dissatisfied, always offer to redo or refund - at their option. If you follow the rules STRICTLY - a refund request will be a very rare event.
Let your instincts be your guide. If you get that "funny feeling" that the situation is "not quite kosher" - decline to proceed. Be strict about ID - very strict. A missing Jr. is not a valid ID unless there is certainty in your mind that the ID follows your state laws AND "makes sense" to YOU.
In addition to staying out of the wrong end of the courtroom, maintain an awareness of personal safety. Meet in a public place if the neighborhood you are going to is known to be unsafe.
Whatever form of organization you choose for your operation - it is you who "sets the rules" and has ultimate jurisdiction over your stamp and signature. READ CAREFULLY preprinted ACKs, Jurats, etc. It is your signature on those statement and sometimes the wording is not what you might feel is accurate or appropriate.
Never let anyone - especially those with a large financial stake in the transaction to "redefine" the rules. I was once told an amusing "fairy tale" about how I could notarize a sig for a person who was not present as that is the law in his native country. And, being that he is a Bulgarian citizen, the laws of his country applies to his signature.
In summary, while various forms of organization provide more or less protection of personal assets - it is mainly your actions that will determine your fate.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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lkassis
Iowa
60 Posts |
Posted - 05/09/2011 : 4:01:14 PM
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As Paul said, a notary is personally liable. There is another factor that many are not aware of with an LLC.
In addition and in respect to the LLC factor in general and the feeling that it creates a shield to protect you from personal liability is not exactly true across the board. If you own and also are the operator (worker) of an LLC you can still be held personally liable and sued personally for any wrong doing or mistakes or whatever. It would only be if you owned the LLC but were not the one performing the work, that it would limit your liability. (I am not an attorney)quote:
Originally posted by h2ologd
Hi folks looking for some advice.
I am about to begin mentoring work with a signing agent. She'll be paying me on contract. I also know that in a few months I fully intend to go this on my own. Which brings me to my questions.
How have you guys formed your business or maybe better asked how did you incorporate? I am looking into forming an LLC in an effort to protect my personal assets.
Do the title companies require a business listing?
Are any of you certified signing agents? My understanding from my mentor is that it is not required but I feel it is a good idea.
Linda Kassis
United Notary Association (UNAA)
www.unitednotaries.org
www.halitek.com
If you are not riding the wave of change, you may find yourself under it. Ride the wave with the UNAA. |
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PWinFL
Florida
469 Posts |
Posted - 02/27/2011 : 05:09:11 AM
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quote:
Originally posted by h2ologd
How have you guys formed your business or maybe better asked how did you incorporate? I am looking into forming an LLC in an effort to protect my personal assets.
Do the title companies require a business listing?
Are any of you certified signing agents? My understanding from my mentor is that it is not required but I feel it is a good idea.
1) Most notaries are "sole proprietors". There are some who are LLC's and some who are "S" Corps and others fully incorporated. Only you, your accountant and attorney can come to a conclusion as to what is best for you and your business.
2) Incorporating will not protect your personal assets from notarial errors and mistakes. By law, a notary is "personally liable" for their actions. The liability may be extended to your employer, ie. your own company, depending on circumstances.
3) Many signing agents are "certified" agents. As you know, it's not required, but looks good to some and is meaningless to others. There is no standard for certification so nothing to really hang your hat on. Level of difficulty and knowledge goes from the minuscule with the NNA's certification (where non-notaries can actually be certified!) to extensive as evidenced by the Signing Registry's proficiency exam. So sites require their own certification to be listed (or at least moved up the list) and some companies require their own test to be completed in order to do signings for them. Becoming certified is an individual choice. I know many successful signing agents who are and who are not certified.
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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n/a
1 Posts |
Posted - 02/27/2011 : 04:57:18 AM
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Hi folks looking for some advice.
I am about to begin mentoring work with a signing agent. She'll be paying me on contract. I also know that in a few months I fully intend to go this on my own. Which brings me to my questions.
How have you guys formed your business or maybe better asked how did you incorporate? I am looking into forming an LLC in an effort to protect my personal assets.
Do the title companies require a business listing?
Are any of you certified signing agents? My understanding from my mentor is that it is not required but I feel it is a good idea. |
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