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Notary Public Training 1

Copyright © 2015, Colorado Notary Solutions, Corp., All Rights Reserved. Reproduction of this presentation is forbidden without the prior written consent of CNS.

Today’s Agenda

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Overview

•  Your Role as A Notary Public •  Applica7on Process & Requirements

Process

•  Notarial Acts •  Oaths & Affirma7ons, Acknowledgements, Copy Cer7fica7ons

Issues

•  Seal Problems •  Liability •  Common Cer7fica7on Errors •  Administra7ve Compliance •  Quiz

Sources For This Presentation

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Model Notary Act (2010)

Widely Accepted Best Prac7ces

Notaries Public Act C.R.S. 12-‐55-‐101


Why Those Three sources?

•  Vancura v. Katris

•  Illinois Appellate Court said: “Where state law is silent, the Model Act controls.”

•  Reversed October 2010

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Application Process

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Photocopy of ID – front & back

Complete Online Applica7on

Take the State’s Test & Print Cer7ficate of Comple7on

Take Training & Receive Cer7ficate of Comple7on

Documents attached and uploaded

Application for Notary Commission

•  4 Year Commission •  The Secretary of State receives 2,000 new and reappointment applica7ons every month

•  Approximately 25% of those applica7ons are rejected

ID copy not enclosed Form is not notarized or notarized incorrectly Fail to be trained

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Applicant Requirements

•  18 years old •  Read and Write the English language •  Residence and Business Addresses Within Colorado •  Never Had a Notary Commission Revoked •  No Convic7on of a Felony •  No ConvicPon of a Misdemeanor Involving

Dishonesty in Past 5 Years •  Lawfully Present & Colorado Resident •  Carefully Read the Notary Law*

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What is a Notary?

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A Quasi Public Official

•  Appointed by the Secretary of State • Work for the Secretary of State •  JurisdicPonal boundaries

An Unbiased Witness

•  The notary acts as a third-‐party disinterested witness in all transacPons

The Notary’s Role

Notaries Are the First Line of Defense Against Fraud

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•  32% are family members •  18% are friends, neighbors, employees

Vic7ms of Fraud O`en Know the Perpetrator

•  Verify the signer’s IdenPficaPon •  Assessing willingness of signer or parPcipate

The Notary’s Core Func7on


The Three Major Notary Powers

• Sworn to Statements

Oaths & Affirma7ons

• Unsworn to Statements Acknowledgments

• Document Comparison

Copy Cer7fica7ons

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Other Notarial Powers

•  NoPces of Dishonor •  Presentments •  Proof of ExecuPon

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Specialized Knowledge

“Satisfactory Evidence”

SaPsfactory Evidence of IdenPty

Personally Known to

You

Secure & Verifiable

Iden7fica7on

Credible Witness

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• State or Federal ID • Photo & Signature

The sworn statement of a credible witness who personally knows the notary and the signer.

Familiarity with an individual formed over time. Not a casual acquaintance.


Oaths and Affirmations

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•  The Sworn To Statements •  Vouching to the Truthfulness or Accuracy of the Document

Jurats

•  Affirm •  Swear To

Trigger Language

•  Recited Aloud Before Notary CerPficate is Completed •  Deity Issue •  “So Help Me God” •  “Under Penalty of Perjury”

Administer an Oath

Oaths and Affirmations The Process . . .

1.  Iden7fy the client using “Sa7sfactory Evidence” 2.  Administer the verbal oath

3.  See client sign the document in your physical presence

4.  Complete the Jurat statement

5.  Record the transac7on in your journal

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The Model Notary Act Says . . .

•  Read aloud any provided affirma7on wording and have the principal assent

•  Proper affirma7on requires a posi7ve and unequivocal response by the signer

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Jurat

State of Colorado SS

City and County of Denver Subscribed to and sworn to (or affirmed to) before me this 1st day of February 2015 by John Doe. ____________________ [Seal] Andrew Whitfield Notary Public

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Acknowledgments

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•  Validates the Document •  Real Property TransacPons

Unsworn Statements

•  “Acknowledges”

Trigger Language

•  No Need to Witness Signature •  Physical Presence SPll Applies (It Always Applies!)*

Signature

Acknowledgments

The Process . . . 1.  Iden7fy the client using “Sa7sfactory Evidence” 2.  Signer acknowledges in your physical presence that document

was signed by him

3.  Complete the notarial cer7ficate

4.  Record the transac7on in your journal

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The Model Notary Act says . . .

•  The signer does not make any statement regarding the truthfulness or accuracy of the contents of the document

•  The acknowledgement speaks to the fact that the document was signed voluntarily for the purpose of validaPng the document

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Notarial Certificate for Acknowledgement


City and County of Denver The foregoing instrument was acknowledged before me this 1st day of February 2011 by John Doe. _____________________ [Seal] Andrew Whitfield Notary Public

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Copy Certifications

•  The document can be obtained within Colorado from a Clerk and Recorder, Vital Records Sec7on, etc.

•  Colorado Birth Records, Death, Marriage, Divorce cerPficates

Restric7ons on What May Not Be Cer7fied

•  Record cannot be obtained from custodian of public records

•  ReproducPon of document does not violate the law

Wrigen Request Requirement -‐ Contract

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Copy Certifications

The Process . . . 1.  Iden7fy the client using “Sa7sfactory Evidence”

2.  Obtain wrigen request 3.  See the original document

4.  Receive or make two copies of the document

5.  Verify that copies are complete, exact facsimiles of the original

6.  Cer7fy the client’s copy and record in journal

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Notarial Certificate for Copy Certification


City and County of Denver I, [NAME], a Notary Public in and for said state, do cer7fy that on February 1, 2013, I carefully compared with the original the agached facsimile of the [DOCUMENT] and the facsimile I now hold in my possession. They are complete, full, true, and exact facsimiles of the document they purport to reproduce. _____________________ Andrew Whijield [seal]

Notary Public

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Notarizing Foreign Language Documents

•  You are notarizing the signature and not the contents of the document.

•  Notary may not rely on a third-‐party or translator to communicate with the signer

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•  A notary must be able to communicate directly with the signer

Speak the Language of the

Signer

•  The notary must understand the notarial cer=ficate Read the

Cer7ficate


Authentications

•  A cerPficate signed by the Secretary of State that the notary has been commissioned and that her commission is current

•  Agached to notarized documents des7ned for use

outside the USA

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AuthenPcaPons

CerPficates of Magistracies AposPlles

Notary Seal

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One Types Permiged in Colorado

Rubber Stamp

Embosser

Requirements within the border

The name on your notarial cer7ficate

State of Colorado

Notary Public

Notary ID Number

Commission Expira7on Date

Seal Example

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Found on your notary commission certificate after you have been commissioned by the Secretary of State

The official name you typed into your application for notary commission.

Notice rectangular shape


What constitutes acceptable ID

•  SVID – Secure & Verifiable Iden7fica7on Adopted Standard by the Secretary of State

•  General Rule Picture & Signature Required Do not use expired IdenPficaPon Federal & State Accepted -‐ Foreign ID okay

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SVID Standards

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• Colorado Driver License or Colorado IdenPficaPon Card • Out-‐of-‐state issued Driver License or IdenPficaPon Card • U.S. Passport or U.S. Passport Card • U.S. Military ID (acPve duty, dependent, rePred, reserve and NaPonal Guard) • Tribal IdenPficaPon Card • CerPficate of NaturalizaPon • CerPficate of U.S. CiPzenship

Domes7c Forms of ID

• Valid Foreign Passport with Alached I-‐94 or Valid Processed for 1551 Stamps • Valid I-‐94 issued by U.S. ImmigraPon with L1 or R1 Status and a Valid Canadian Driver License or Valid Canadian IdenPficaPon

• Valid 1551 Resident/Permanent Resident Card • Valid 1688 Temporary Resident, 1688B, and 1766 Employment AuthorizaPon Card with Intact Photo

Foreign Forms of ID with Agached United States Creden7als

Unacceptable Primary ID

• Matricula Consular -‐ Not US Federal or State IdenPficaPon

•  Latest Version of Military ID – It does not contain a signature

ID That the Secretary of State Recommends Against Using

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Identification Best Practices

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• Turn it over and check the back • Require two picture IDs & compare • Check the physical descripPon on ID to person appearing in front of you

• Check date of birth • Check the ID for evidence of alteraPon or fraud • www.driverslicenseguide.com

Methods to Verify Authen7city

Notary Journal

Required

• Required as of July 1, 2009 •  Several InformaPon Entry Fields are Required

Excep7on

•  If the document being notarized is retained by the notary’s firm or employer in the regular course of business

Pikalls of Excep7on

•  The notary becomes liable for documents that are misfiled, lost, destroyed or otherwise unrecoverable

•  Should the notary leave her place of business, she remains responsible for obtaining all documents for which she has performed a notarial act.

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Notary Journal

• Date of Notarial Act • Type of Notarial Act • Type or Title of Document of Proceeding • Date on Document • Printed name, signature and address of signer • Printed name, signature and address of witness • Any other informaPon you feel perPnent to the notarial act being performed.

The Required Informa7on Fields

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CNS Notary Journal Entry

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Common Certification Errors

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What You Cannot Do

• You can’t notarize a signature that you recognize if signer isn’t in your physical presence

• You can’t notarize a document where the client is on the phone with you from another state

• You can’t notarize a signature where your boss says that he just saw the client sign

Notarize Outside The Physical Presence of the Signer

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What You Cannot Do

May Not Notarize Documents In Which You Have A Disqualifying Interest

• Named as a party in the transacPon

• You can’t notarize a document where you stand to gain from the transacPon

• Any advantage, right, Ptle, interest, cash, or property exceeding in value the sum of any fee for performing a notarizaPon

Model Act (not the law in Colorado)

• Close family members prohibited.

• In-‐laws, half, step, domesPc partners

RULONA (not the law in Colorado)

• Revised Uniform Law on Notarial Acts.

• Notaries may not notarize a record to which the notary or notary’s spouse or civil partner is a party or has a direct beneficial interest.

More of What You Cannot Do

•  Intent was to prevent notary mills • Signature banks or mulPple signers

May Not Notarize A Document Containing Blank Spaces*

• Notarizing Lelers • Problems with Assigning Notary CerPficates

May Not Notarize Documents Without Using a Notarial Cer7ficate

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Liability

Admin • Secretary of State

Criminal • District Alorney

Civil • Retained Alorney

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Three Levels of Liability

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• RevocaPon

Administra7ve

• Misdemeanors when notary commits official misconduct.

•  Forgery

Criminal • Damages • Vancura v. Katris

Civil

Corrective Action Under the Act

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• AdministraPve Errors

Admonishment

• Might be suspended unPl new training is completed

Suspension • Go to Hearing • Permanently Lose Your Commission

• Referred to the DA for Criminal AdjudicaPon

Revoca7ons

90% 5% 5%

Bonding

No Longer Required in Colorado

• Indemnified for loss sustained because of mistake or oversight by the insured

Error and Omissions Insurance

Check With Employer

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Administrative Compliance

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•  Lose Your Notary Seal •  Lose Your Journal

Inform the Secretary of State in Wri7ng:

• Name Change – Must provide new signature to Secretary of State & Copy of Current ID with new name, divorce decree, marriage cerPficate, or court order

• Contact InformaPon Change – Addresses!

30 Day Rule -‐ Online Changes to Profile

•  Send a leler of resignaPon to the Secretary of State •  Send your seals, journals, and related papers to the Secretary of State

Resigna7on, Moving Out of State, Revoca7on

Other Administrative Issues

•  Commission runs with the notary

Leaving Place of Employment

• Renewal accepted 90 days or less before expiraPon

• Result of being expired by more than 30 days

Reappointment to the Notary Office

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Elderly Abuse

• High Crime Priority for the Secretary of State and Alorney General.

Importance

•  Such a want of reason, memory, and intelligence that prevents a person from comprehending the nature and consequences of his acts or comprehending right from wrong.

Demen7a

• Wills, Power of Alorneys, Real Property Instruments – especially Quitclaim deeds.

Beware

Adult Protec7ve Services

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Other Good Stuff To Know

• You are not empowered to perform marriages

Marriage

• Document AuthenPcaPon Numbers (DANs) • Must be in the physical presence of the signer

Electronic Notaries

• Non-‐ConvenPonal ID Standards • UPlity Receipts from Colorado work

Pe77on Circulator Documents

• NaPonal Notary AssociaPon -‐ Not Required to Join* • My Newsleler

Professional Associa7ons

•  If not an alorney, must provide a disclaimer saying so. • Being a notary does not make you an “expert” in immigraPon law.

Adver7sing Notary Public Services

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Petition Circulator Cert Example

Next Steps

Step 1 •  Complete the Training Quiz •  Download CerPficate of Training

Step 2 •  Take the State Test

Step 3 •  Apply to Become a Notary

Step 4 •  If you ordered seal, complete seal informaPon form on CNS site ater you have been commissioned as a notary by the state.

Hint – close this presentation box and scroll down the screen


Step 1 – Complete Quiz To Get Certificate of Training

Click here

Step 2 – Take State Test

Click here

Step 3 – Apply

Remember that the state no longer accepts paper applications. You must follow this process!

Click here when your paperwork is scanned and set to go.


Step 4 – Get Seal

InformaPon For Seal

• Provided by SOS ater applicaPon is complete.

Click “Submit”

• Seals are received within five to eight business days.

Free Newsletter

Best PracPces & New Law

Alerts

• Sign-‐Up on “Resource” page on CNS website

Thank you!

Ques7ons?

•  970-‐581-‐1805 •  andrew@cns-‐notary.com •  The State’s number just in case 303-‐894-‐2200 • www.sos.state.co.us

Recommenda7ons Appreciated!

•  Please write a review on our Google page or “Like” us on Facebook

•  If you feel like you didn’t learn what you needed, let us know. We welcome your feedback!


Get Seal Cheat Sheet

1.  Login to your CNS account. 2.  Click where it says “Get Seal” or go to the

“Training Progress Page” and scroll down the page.

3.  Enter your name of record, notary ID number, notary expiraPon date.

4.  Click submit. If you didn’t order a seal at registration, use the coupon code GETSEAL to receive the discount that you would have received had you ordered at registration.

iNotary -‐ Recommended For New Notaries

• Built in State Compliance. It ensures that you’re gevng the right informaPon the first Pme. • Adapts to New Law. Don’t need to stay on top of new notary laws. Keeps you compliant when the law changes. • Increases Produc7vity. Use Favorites to quickly complete entry fields for people that you notarize for again and again. Same feature for documents. • Web Based. No sotware discs needed.

Special Offer for CNS Users

•  40% Discount • Go to CNS “Store” • Use coupon code CNSUSER •  Logon Site: www.MyiNotary.com

Colorado Required Fields Marked

“Favorites”