The role of a notary public does come with legal responsibility. A notary can act as an impartial witness to the signing of documents. A notary will help deter fraud and ensure that signatories enter agreements knowingly and willingly. If not carefully avoided, there can be downfalls to this straightforward duty.

Here are some of the most serious mistakes, according to the American Association of Notaries.

1. Notarizing for someone who isn’t present at the time - You cannot deter fraud or verify identity if the person is not present at the time of signing.
2. Backdating or postdating a notarial certificate – Backdating or postdating could be seen as fraud. This act would create a false record.
3. Delegating a notarial duty to another person – Delegating duties to a person who is not authorized is a breach of a notary public’s legal obligations. Notary publics are appointed by their state and entrusted to carry out their duty lawfully.
4. Notarizing a document that the notary knows is fraudulent – Laws governing the Notary public position are made to prevent fraud and protect the integrity of signed documents. To knowingly sign something false would be a direct violation of the role.
5. Engaging in false or misleading advertisement – Notaries must familiarize themselves with and adhere to all laws and regulations in their state related to practice and advertising in their jurisdictions. Notaries do not have the authority to provide legal advice and must be very cautious not to present themselves in a way that a citizen could believe they are providing such services.
6. Allowing coercion or duress – Notaries are legally obligated to ensure that signers act of their own free will. It is a violation of this duty to allow any coercion or notarize a document obtained during a signer's visible or audible duress.

For more information on being a notary, please check out the American Association of Notaries at this link. You can also reach out to our team at info@advocapinsurance.com any time. We are happy to share more information about being a notary and how we can help with the various tools needed.

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