Notary Best Practices
Based on Professor Michael Closen’s Book, “Professor Closen’s Notary Best Practices”
Know and follow your state’s Notary laws. Never rely solely on what an employer, customer, title company, attorney, or signer tells you.
Use reasonable care even when the law is silent. A law may establish the minimum requirement; professional standards can require greater care when circumstances warrant it. Closen emphasizes the legal concept of a Notary’s standard of care.
Require the signer’s personal appearance. Never notarize a signature when the signer has not personally appeared as required for that type of notarization.
Properly identify every signer. Carefully inspect identification rather than simply glancing at it. Identification failures and imposters are among the recurring problems Closen has encountered in Notary litigation.
Compare the signer to the identification. Look at the photograph, physical description, age, signature and other identifying information for inconsistencies.
Be alert for fraudulent or altered identification. Do not proceed simply because someone presents an ID that appears acceptable at first glance.
Assess the signer’s awareness and willingness. A Notary should be reasonably satisfied that the signer understands the nature of the transaction and is acting voluntarily.
Watch for coercion or undue influence. Pay attention when another person appears to be controlling, pressuring or answering for the signer.
Communicate directly with the signer. The Notary—not a family member, caregiver, attorney, real-estate professional or other third party—should determine the signer’s willingness and awareness.
Do not notarize when reasonable concerns remain unresolved. A Notary is not obligated to complete a questionable transaction merely because someone demands it.
Know when to say NO. Closen specifically teaches that refusing an illegal, unethical or suspicious notarization is part of responsible Notary practice.
Never notarize a blank or substantially incomplete document when prohibited or when doing so creates an unreasonable risk of fraud.
Never backdate or postdate a notarization. The certificate should reflect the actual date the notarial act occurred.
Perform the correct notarial act. Understand the difference between an acknowledgment, jurat/verification on oath or affirmation, signature witnessing and other authorized acts.
Administer an actual oath or affirmation when required. Do not treat a jurat as though it were simply an acknowledgment.
Do not choose the notarial act for the signer when doing so would constitute legal advice. If the document lacks a certificate and the signer does not know which act is needed, refer them to the document recipient or an attorney.
Avoid the unauthorized practice of law. Do not explain legal consequences, determine whether a document is legally sufficient, draft legal documents unless authorized, or advise someone about their legal rights.
Remember that notarization does not make a document legal or valid. The Notary performs a notarial act concerning the signer/signature; the Notary does not certify the legal validity of the underlying transaction.
Remain impartial. A Notary is an impartial public official and should not have an improper personal or financial interest in the transaction.
Complete the certificate at the time of notarization. Do not sign or seal blank certificates for someone else to complete later.
Complete every required element of the notarial certificate. Check the venue, date, signer name, type of act, Notary signature, title and other required information.
Affix a clear, legible Notary seal. Closen has strongly advocated proper use of the official seal as an important safeguard.
Proofread the certificate before returning the document. Closen specifically recommends proofreading the completed certificate—including the seal impression—before concluding the notarization.
Keep a detailed Notary journal—even when your state does not require one. This is one of Closen’s strongest recurring recommendations.
Create the journal entry contemporaneously. Record the notarization when it happens, not days or weeks afterward.
Record enough information to reconstruct the transaction. A good journal can demonstrate what happened and what precautions the Notary took.
Record identification information appropriately. Document the identification method and other information permitted or required by your state.
Record unusual circumstances. If something about the transaction required additional precautions, document what occurred and what you did.
Record refusals to notarize. Closen specifically recommends documenting refusals. A refusal entry may later demonstrate that the Notary routinely exercised independent judgment and reasonable care.
Protect your journal and Notary seal. Keep them under your exclusive control and secure them against unauthorized use.
Never allow another person to use your seal. Your commission, signature and seal belong to you as the commissioned Notary—not your employer.
Never surrender control of your seal simply because an employer purchased it.
Protect confidential information. Documents and journal entries may contain sensitive personal and financial information.
Take additional precautions for vulnerable signers. Elderly, hospitalized, seriously ill, disabled or otherwise vulnerable signers may require additional care—not because they automatically lack capacity, but because circumstances can raise concerns about awareness, identity or coercion.
Do not assume disability equals incapacity. Determine whether the individual can communicate willingness and sufficient awareness for the transaction rather than making assumptions based upon age or disability.
Do not rush a notarization. Convenience and speed should never replace proper identification, personal appearance, certificate completion and other required procedures.
Do not take shortcuts for repeat customers. Familiarity with a customer, employer, lender, attorney or signing service does not eliminate your responsibilities.
Treat every notarization as potentially important. A seemingly routine notarization may later become evidence in litigation.
Follow the same sound procedure consistently. Developing a repeatable process helps prevent omissions and demonstrates professionalism.
Document your reasonable care. If a notarization is ever questioned years later, your journal and consistent procedures may be the strongest evidence of what actually occurred.
Stay educated throughout your commission. Laws, technology, identification methods and Notary practices change.
Know the difference between what is legally required and what is professionally prudent. When the law does not address a situation, established standards of care and recognized best practices can help guide the Notary.
Never let a customer, employer or signing company pressure you into violating Notary law or sound practice.
When something does not look right, investigate before proceeding. A Notary should not ignore warning signs simply to complete the transaction.
Remember your primary role: protect the integrity of the notarial act. You are not merely witnessing someone write a name—you are performing an official act intended to deter fraud and provide trustworthy evidence concerning the signing.