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Notary Public Procedures

Table of Contents

Name Page Number

Acceptable Forms of IDs 24

Certificates/Notarial Wording/Certificate Wording 8 - 9

Class Objective 1

Duties & Responsibilities of a Notary Public in Maryland 22

Individual Acknowledgment 25

John Doe’s Mining Organization 10 - 13

Notary Applications – MD, DC & VA - Links 23

Notary Starter Kit 20

• Starter Notary Packages 21

Official Witness 5

Practical Solutions to Impractical Procedures 6

Protest 7

Residential Lease 14

Tools of the Trade 16

• Errors & Omissions Insurance for Maryland Notaries 18 – 19

• Notary Seals – Ink Stamp and Embosser Samples 17

Top 5 Tried and Tested Situations for Serving Challenging Signers 15

Video Questions/Answers 2 – 4

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Class Objective Notary Public Procedures

Definition of Notary Public

A Notary Public is a (1) government officer and (2) public servant who serves as an (3) impartial witness in taking

• Acknowledgments • Administering oaths and affirmations, and • Performing other acts authorized by state law.

GOVERNMENT OFFICER

• Appointed by State Government • Duties Defined by Statue • Jurisdiction • Accountable to the State

Class Objective

Documents are notarized to deter fraud and identity theft. Prospective and present Notaries Public will be able to

• learn how to screen the signer • perform proper notarial acts • charge proper fees, and • notarize properly and legally • keep adequate records of notarial acts.

02 Video Questions/Answers

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This page is a placeholder for pages 2, 3, & 4. You will be able to access these pages at the end of the class.

02 Video Questions/Answers

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This page is a placeholder for pages 2, 3, & 4. You will be able to access these pages at the end of the class.

02 Video Questions/Answers

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This page is a placeholder for pages 2, 3, & 4. You will be able to access these pages at the end of the class.

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Notary As Official Witness

How does a notary public act as an official witness?

If a document presented for notarization does not contain a notarial certificate reflecting the taking of an oath or acknowledgment, a notary may witness the signing of the document in the Notary’s official capacity as follows:

a. Obtain satisfactory proof of the identity of the person signing the document; b. Record the notarization in the Notary’s register of official acts; c. Observe the signing of the document; d. Date, sign and apply the notary’s seal or stamp to the document; and e. Indicate the date on which the Notary’s commission expires.

How does a notary public act as an official witness?

If a document presented for notarization does not contain a notarial certificate reflecting the taking of an oath or acknowledgment, a notary may witness the signing of the document in the Notary’s official capacity as follows:

a. Obtain satisfactory proof of the identity of the person signing the document; b. Record the notarization in the Notary’s register of official acts; c. Observe the signing of the document; d. Date, sign and apply the notary’s seal or stamp to the document; and e. Indicate the date on which the Notary’s commission expires.

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Practical Solutions to Impractical Procedures

How to Ensure Practical Solutions:

• Read/know the notarial statutes. • Keep a journal of all notarial acts. • Always positively identify your document signers. • Participate in refresher courses and other educational programs.

How Would You Handle These Impractical Situations?

1. You are employed by ABC Drapery Company. During your busiest work hour, a document signer requests 10 documents to be notarized. You cannot drop everything right then and there to notarize his/her signature. What do you do?

2. You are called by a mother and daughter to notarize a “will” for her father whose health is in question and you fear he might not be competent to sign. The daughter wants the documents notarized today. What do you do?

3. While screening the signer for identity, the signer presents a passport for identification. On the photo page of the passport, the picture ID is neatly pasted [not embedded] within the picture box. How would you proceed?

4. You are presented with a document with two (2) blanks in it. The blanks appear above the signer’s signature. The signer insists that the blanks must be left “unfilled” until the document is recorded. What do you do?

5. You perform at least 15 notarizations per day for different people. You are considering pre-stamping and signing your notarial certificates to save time. Is this really a viable option?

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Protest A protest is a written statement by a Notary or other authorized officer indicating that payment for a negotiable instrument – a check or promissory note, for example – has not been received. Failure to pay on a negotiable instrument is called dishonor. In the 19th century, protests were common notarial acts, but they are rarely performed today due to the advent of modern electronic communication and resulting changes in the banking and financial system. Yet, antiquated statues still give Notaries the power to execute protests in most states. Notarial acts of protests are complicated and varied. They require special knowledge of financial and legal terms. Only a Notary who has this special knowledge or who is under the supervision of an experienced bank officer or attorney should execute a protest.

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State of Maryland

County of _____________________ (or City of Baltimore)

On this _______ day of __________, 20____, before me, the undersigned officer, personally appeared ___________________________________________, known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to within the instrument and acknowledged that he/she/they executed the same for the purposes therein contained.

In witness hereof I hereunto set my hand and official seal.

__________________________________________ Signature of Notary Public __________________________________________ Printed name of Notary Public Notary Public My Commission expires __________________

STATE OF MARYLAND, COUNTY OF (or City of Baltimore) to wit:

I hereby certify that on the _______ day of _________, 20_____, before me, the subscriber, a notary public of the State of Maryland, in and for ___________________________________________, personally appeared ________________________________________ and made in due form of law that the matters and facts set forth in the document are true.

As witness, my hand and notarial seal.

___________________________________________

Signature of Notary Public __________________________________________ Printed name of Notary Public Notary Public My Commission expires __________________

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STATE OF MARYLAND, COUNTY OF (or City of Baltimore) to wit:

I hereby certify that on the _______ day of _________, in the year 20_____, before the subscriber, a Notary Public of the State of Maryland, in and for ___________________________________________, personally appeared ________________________________________ and acknowledged the foregoing document to be his/her act.

______________________________________ Signature of Notary Public ______________________________________ Printed name of Notary Public Notary Public My Commission expires __________________

Sworn and subscribed to before me this ______________ day of ___________, 20_____.

______________________________________ Signature of Notary Public ______________________________________ Printed name of Notary Public Notary Public My Commission expires __________________

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JOHN DOE’S MINING ORGANIZATION

Domestic Partnership Agreement & Affidavit

Employee: ___WARREN HOUSER________________________ SSN: __239-99-0000___

Partner: _____JOE ARRINGTON________________________ SSN: __569-00-3284___

The undersigned Employee and Partner (“We” or “Our”) understand and acknowledge that every box set forth below shall be marked if applicable.

Employee and Partner, jointly and individually, do hereby declare and affirm under the pains and penalties of perjury as follows:

True False #

_X_ ___ 1. We are both 18 or more years of age with personal knowledge of the information set forth in this Agreement and Affidavit.

_X__ ___ 2. We are not legally related to each other, by blood or affinity.

___ _X__ 3 (a). We currently share an intimate and personal relationship with each other.

__X_ ___ 3 (b). We have shared this same intimate and personal relationship without interruption during the 24 months ending on the date hereof.

_X__ ___ 3 (c) We also consent to our intimate and personal relationship in the absence of fraud or duress of any nature, sort or description whatsoever.

___ __X_ 4. Neither of Us has shared an intimate and personal relationship with any other person, at any time during the 24 months ending on the date hereof.

___ _X__ 5. Neither of Us has been married during the 24 months ending on the date hereof.

___ __X_ 6 (a) We currently are responsible for each other’s personal welfare

__X_ ___ 6(b) We have been responsible for each other’s personal welfare at all times during the 24 months ending on the date hereof.

_X__ ___ 7. We currently share the same actual and legal residence, and have shared the same actual and legal residence without interruption at all times during the 24 months ending on the date hereof.

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True False #

___ _X__ 8. Neither of Us has shared an actual or legal residence with any other person (other than a minor dependent) at any time during the 24 months ending on the date hereof; except as follows [state “Not Applicable” if appropriate]:

________________________________________________________________________________________________________________

_X__ ___ 9. We jointly lease the shared legal and/or actual residence(s) described in Paragraph 7 above. If the shared residence is leased, a true, correct and complete copy of all such leases or rental agreements are attached to this Agreement and Affidavit.

___ _X__ 10. We jointly own the shared legal and/or actual residence(s) described in Paragraph 7 above. If the shared residence is jointly owned, a true, correct and complete copy of all (i) deeds of conveyance and (ii) mortgages or deeds of trust are attached to this Agreement and Affidavit.

___ _X__ 11. We have maintained one or more jointly owned checking or share draft accounts without interruption during the 24 months ending on the date hereof. If so, Employee and Partner have attached documents showing the existence and duration of such account or accounts, and certify without reservation that such documents are a true, correct and complete

___ _X__ 12. We have maintained one or more joint credit card or other joint personal credit accounts without interruption during the 24 months ending on the date hereof. If so, Employee and Partner have attached documents to prove the existence and duration of such account or accounts, and certify without reservation that such documents are a true, correct and complete.

_X__ ___ 13. We each have a will or power of attorney pertaining to our respective health care decisions in the event of incapacity. If either of Us has made such a will or power of attorney, a true, correct and complete copy of each such will or power of attorney is attached to this Agreement and Affidavit.

_X__ ___ 14. We have each designated the other as primary beneficiary of survivorship for purposes of retirement benefits or policies of life insurance. If either of Use has made such a designation pertaining to the other, a true, correct and complete copy of each such designation is attached to this Agreement and Affidavit.

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Terms of Agreement

Employee, Partner, and the John Doe’s Mining Organization do further hereby covenant and agree as follows:

A. Reliance. Employee and Partner represent and warrant to the JOHN DOE’S MINING ORGANIZATION that each and every one of the statements set forth in the affidavit above are true, correct and complete, to the best of Our respective knowledge, best information and reasonable belief. We further acknowledge and agree that the JOHN DOE’S MINING ORGANIZATION may reasonably rely on the statements contained in that affidavit for any purpose, and without any further investigation or verification by the JOHN DOE’S MINING ORGANIZATION whatsoever.

B. False Statement & Misrepresentation. We understand and agree that _________________ considers any willful misrepresentation or other false statement set forth in this Affidavit or Agreement as fraud, and that claims paid by the JOHN DOE’S MINING ORGANIZATION and other benefits obtained by Employee, Partner, or any third-party as a result of such fraud constitute the misappropriation of public funds.

C. Notice of Change In Status. Employee and Partner each are affirmatively obligated to inform the JOHN DOE’S MINING ORGANIZATION within 30 days in the event their domestic partnership ceases, for any reason, or in the event of any other such change in status or circumstances relating to the subject matter of the statements set forth above in this Affidavit and Agreement.

D. Taxes. We understand that declaring a domestic partnership and responsibility for each other’s common welfare may have legal and tax implications under federal and Maryland law. We understand that if an employee receives health benefits, including medical, dental, vision and prescription, for a domestic partner, and if that domestic partner, and if that domestic partner is not a dependent of the employee under the Internal Revenue Code, that employee will be required to pay taxes on the value of the benefit. We also understand that we are encouraged to contact a tax advisor or an attorney regarding any tax or legal implications of domestic partner benefits, and that the JOHN DOE’S MINING ORGANIZATION has no responsibility

E. Disputes, Disciplinary Action & Setoff. Any dispute arising in connection with this Affidavit and Agreement, or the qualifications for or provision of benefits for Employee or Partner pursuant hereto, shall be subject to the administrative employment grievance procedures established by the JOHN DOE’S MINING ORGANIZATION, as amended from time to time, pursuant to the Merit System Rules. Without limiting any other remedy available to the JOHN DOE’S MINING ORGANIZATION, it is understood that any breach of this Affidavit and Agreement may constitute cause for dismissal or other disciplinary action with respect to Employee under the JOHN DOE’S MINING ORGANIZATION’s Merit System Rules, collective bargaining agreements, or other laws and regulations as applicable. It

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is further understood that, in the event the JOHN DOE’S MINING ORGANIZATION pays any claim or other benefit to which Employee, Partner or Partner’s dependents are not entitled, Employee and Partner shall be liable for immediate repayment thereof to JOHN DOE’S MINING ORGANIZATION and, without limiting any other remedy available to the JOHN DOE’S MINING ORGANIZATION, JOHN DOE’S MINING ORGANIZATION may offset and collect the amount of such liability directly against any salary or other form of compensation payable otherwise in favor of Employee.

F. Joint & Several Liability. Each and every liability or obligation of Employee or Partner, respectively, arising in connection with this Application and Agreement shall be deemed and construed for all purposes arising hereunder as the joint and several liability or obligation of both Employee and Partner.

G. Confidentiality. We understand this information will be held confidential and will be subject to disclosure only if either one of Us provides express written authorization or if otherwise required by law.

_____________________________________________________________________

Employee’s Signature Date

Subscribed and sworn to before me this __________ day of, _________________20_____. __________________________________

Notary Public

My commission expires______________

_____________________________________________________________________

Domestic Partner’s Signature Date

Subscribed and sworn to before me this __________ day of, _________________20_____. __________________________________

Notary Public

My commission expires______________

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Top 5 Tried and Tested Situations for Serving Challenging Signers

Meeting the needs of challenging signers can be very difficult. Over the years, we have identified 10 tools to help you master even the most challenging of situations.

1. A Rose By Any Other Name … Situation: A woman by the name of Rose Bush, comes into your office with a document to be notarized. Rose has recently been wed and has taken on the married name of Rose Gardener. The agency that requested this notarized document will not accept the document notarized in any other fashion and will not accept her signing a different name, including any a.k.a. signatures. All of her identification documents contain her maiden name, Rose Bush. The document is drafted with her married name and requires her to sign in her married name, Rose Gardener.

Solution: ____________________________________________________________________

2. Just Shooting the Breeze … Situation: You are asked to drive to a hospital and notarize a patient’s signature. The family and attorney are waiting for you with the patient. The attorney is doing all the talking and instructing. He informs you about what type of notarization the document requires. You look at the patient and see that he is conscious and looks well enough, but is staring blankly at the wall ahead. When you ask if the patient is competent, the attorney tells you yes, even though the patient will periodically yell, “Out, out damn spot!” while scratching his head.

Solution: _____________________________________________________________________

3. The Wonders Years …. Situation: A 16-year-old teenager, accompanied by his Mom, presents a document to you for notarization. He has a valid driver’s license and his mother is in agreement with him having the document notarized.

Solution: ______________________________________________________________________

4. The X Files ….. Situation: You work in a mail service center in a busy shopping center. One day a person comes in to have her movie contract notarized. She happens to be a stuntwoman and had an accident on the last movie she worked on. When jumping over five buses on roller blades while carrying her co-star, she fell and broke her arms and wrists. Both arms are in casts and elevated parallel to the ground. She can barely move her hand and cannot even sign her legal signature.

Solution: _________________________________________________________________________

5. Beyond Words … Situation: You are asked to notarize for a person who is speech and hearing impaired. He needs to have a document notarized. Unfortunately, you do not understand sign language.

Solution: ___________________________________________________________________________

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Tools of the Trade

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Notary Seals Ink Stamp and Embosser Samples

Embosser

Ink Stamp

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PROTECT YOURSELF FOR AS LITTLE AS $2 A MONTH WITH AN E&O POLICY

A Notary E&O policy protects you should you make an unintentional error or omission when notarizing that financially harms the public. An E&O policy can provide you protection for these and other possible losses and risks:

• Unintentionally violating the law while notarizing. • Being named in a lawsuit even if you did nothing wrong. • An imposter counterfeiting your commission information and forging your signature on a

document without your knowledge.

Your policy will cover your legal defense by an attorney with expertise in Notary law in addition to your claim, legal fees and court costs, up to your policy coverage amount. And requires no deductible or repayment of losses.

We recommend you protect yourself for the length of your 4-year, Maryland Notary commission term.

NOTE: To upgrade or extend your current NNA E&O policy you MUST call us at 1-800-876-6827 so we can prorate your payment.

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Need immediate coverage? Call us at 1-800-US-NOTARY and place your expedited order with an NNA Customer Care representative.

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Notary Starter Kit

https://www.nationalnotary.org/maryland/become-a-notary/package

Choose Your Notary Package

Renew your Maryland Notary commission with the nation's #1 provider of Maryland-required seals and supplies. The NNA makes it fast and easy.

https://www.nationalnotary.org/home/search-results?searchText=maryland%20notary%20package

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Duties & Responsibilities of a Notary Public in Maryland

As sworn public officials, notaries public serve an important role in the prevention of fraud and protection of the parties involved by acting as an official, unbiased witness for certain documents. Because of this important role, all notaries should understand the duties and responsibilities of notaries public and properly perform requested notarial acts.

Prior to performing an official act as a notary public, notaries should obtain a Notary Public Handbook which outlines the proper procedures for notarizing a document and use the handbook as a reference.

As a notary, you should be aware of some of the legal responsibilities of notaries public in the State of Maryland.

1. Once commissioned as a notary public, a notary may notarize documents anywhere in the State of Maryland for four years.

2. It is your responsibility to determine the identity of the person requesting a notarial act. You may not notarize a signature of a person who has not appeared before you.

3. A notary in the State of Maryland does not have the power to certify the authenticity of any document – official or unofficial – other than the notary’s registry. For example, a notary cannot notarize a passport, birth certificate, school transcript, or other document.

4. Notaries (other than those who are also lawyers) may not prepare legal documents, including notarial certificates. A notary may only complete a notarial certificate which has been lawfully prepared.

5. A notary must include on each document the notary’s printed name, signature, date of notarization, and expiration date of his or her commission. In addition, the notary must affix his or her notary seal or stamp to the document.

6. The notary seal must contain the name of the notary as shown on the commission, the county where commissioned, and the words "Notary Public." The notary seal ensures the integrity and authenticity of the document.

7. A notary can purchase a notary seal or stamp and a registry from most office supply stores. You may not purchase a notary seal or stamp until you have been commissioned.

8. A notary must maintain a registry of all notarial acts performed. Registries should be retained for at least five years. This requirement serves to protect the notary public and as a record of the notary's official acts. Please note that Maryland law requires that you record every official act you perform as a notary public in your registry.

9. Notaries should refrain from performing any official acts for members of their immediate family or any acts where the notary is personally involved or may benefit from the outcome of the document.

10. As a notary, you can be asked to serve as an official witness, administer an oath or affirmation, and take an acknowledgement. You must read the notarial certificate on each document being notarized in order to know whether you are serving as an official witness, administering an oath or affirmation, or taking an acknowledgement. If there is not a notarial certification on the document, the only act you can perform is to serve as an official witness.

o Oaths & Affirmations: If you are asked to administer an oath or affirmation or take an acknowledgment, you must ask the individual requesting the notarization certain questions. For an oath or affirmation, you ask: "Do you solemnly affirm under the penalties of perjury and upon personal knowledge that the contents of the document are true?" (Additional information about oaths and affirmations is available on pages 9-13 of the Notary Public Handbook.

o Acknowledgments: If asked to take an acknowledgement, you must ask: "Does this document constitute your own act and deed?" or "Are you signing this document of your own free will?" (Additional information about acknowledgments is available on pages 13-16 of the Notary Public Handbook.

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MD, DC & VA Notary Application Information Do a Google Search on Maryland, District of Columbia, and/or Virginia Notary Application

Link to MD Notary Application Info - https://sos.maryland.gov/Notary/Pages/NotaryAppInfo.aspx

Link to DC Notary Application Info - https://os.dc.gov/service/notary-commissions

Link to VA Notary Application Info - https://www.commonwealth.virginia.gov/official-documents/notary-commissions/notary-application-process/ Notary Application Process is for a first time notary, a notary who is more than 30 days passed their commission expiration date, and/or a notary who has changed their name We recommend creating a Notary Management Account to create your notary application and manage your notary information. The Notary Management account log-in/creation link and the application link are located below the application instructions.

1. Answer the interview questions found on the online application (Notary Application Wizard). All questions must be complete in order for application to be processed.

2. Print the pdf application generated at the end of the online application. You will be given the opportunity to pay by credit card at the end of the interview process. Be sure you are able to open and print the pdf application before paying online. The barcode number on your printed application must match the invoice number found on your receipt to ensure proper payment on your account. If you do not pay by credit card, you may pay the application fee by check or money order.

3. Have your signature properly notarized by a Virginia Notary on Part 3 of your printed application. This must be done prior to mailing your application to our office for processing.

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Acceptable Forms of Identification (Source Unknown)

• State issued driver’s license • State issued identification card • United States military card • United States passport • Certificate of United States citizenship • Certificate of naturalization • Alien registration card with photograph OR Unexpired foreign

passport

September 2018

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Please note that the Notary Public cannot offer an Individual Acknowledge (loose certification, all-purpose-acknowledgment) to the client. The client must request it.