Frequently Asked Questions.
(Or things you’ve always wondered about but were afraid to ask - Notary Edition)
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In New York, as stipulated by state law, the maximum fee notaries can charge per notarial act is $2.00 (think of notarial act as every time the notary needs to apply a stamp during the notarization session). For our Mobile Notary service, if you are located within a 5 mile radius of our home base zip code of 11354 (Flushing, Queens), our Travel fee will be a base fee of $35.00*** . If the location of the notarization is beyond our 5 mile radius, Additional Mileage/Time fees for the round trip may be charged on top of our base travel fee. We also reserve the right to charge convenience fees such as After-Hours fees, Emergency Rush fees, Multiple Signers fees and Document-Specific fees based on your unique situation. The determination of our final fee will be negotiated and tentatively agreed upon (in writing) prior to accepting the assignment so there will be no surprises at the signing. Please visit our Contact Us page to request a pricing quote tailored specifically for your situation.
If you are interested in hiring 495 Notary Pro LLC for remote online notarizations, our fee for this service will be $25.00*** for the initial digital seal and $8.00*** per every additional seal after, if done in the same session.
***Please note our fees policy are subject to change at any time without notice.
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Despite popular misconception, a notary public is not simply someone going around in public with a notary stamp and stamping his or her way merrily along to legitimize all documents that are put in front of them. In actuality, a notary public is a person who has been commissioned or appointed by their state’s Secretary of State to serve as a witness and impartial party to a notarial transaction. The notary’s tasks usually involve the following:
• Verifying the signer’s identity to prevent fraud or impersonation.
• Ascertain a signer has the willingness and the mental capacity to execute the document (in other words, the signer is not being coerced to sign the document against their will).
• Certify that a signer has acknowledged their signature on a document.
• If required, administer oaths or affirmations for affidavits and sworn statements, and complete necessary jurats if applicable.
• Affixing an official seal or stamp to the document and keeping a journal of the notarial act, if required by the state (now required in NY).
In short, notaries provide assurance that documents are genuine, parties involved are who they claim to be, and they signed the documents willingly. This can be particularly important in legal, financial, and contractual matters where authenticity and integrity are crucial.
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The following are potential consequences for an improperly completed notarial act. These are not all inclusive:
• Invalidation of Documents: Documents that have been improperly notarized may be considered invalid. This could have legal consequences, particularly for documents that require notarization to be legally enforceable, such as deeds, wills, or contracts.
• Legal Challenges: Improper notarization can lead to legal challenges, disputes, and litigation, as the parties involved may question the authenticity and validity of the document.
• Financial Loss: Parties relying on notarized documents may suffer financial losses due to the invalidity of contracts, deeds, or agreements that were improperly notarized.
It's essential for all parties seeking notarization services to understand the gravity of improper notarization and the potential legal and financial repercussions. Properly performed notarization is crucial to maintaining the integrity and legality of important documents.
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Below are some examples of improper notarization and are not all inclusive:
• Failure to Verify Identity: Notaries must accurately identify the individual signing the document. If a notary doesn't properly confirm the signer's identity through valid identification documents, it is considered improper notarization.
• Failure to Confirm Willingness to Sign: It's essential for notaries to ensure that signers are signing documents of their own free will. If a notary doesn't confirm this willingness, the notarization is improper.
• Notarizing Incomplete Documents: A notary should never notarize an incomplete document. If the document lacks essential information or signatures, notarizing it would be improper.
• Notarizing Illegible Signatures: If the signature on the document is illegible, and the notary cannot reasonably identify the signer, notarizing the document is improper.
• Notarizing Without the Signer Present: Notaries must witness a signer’s acknowledgment of his or her signature in person. Notarizing a document when the signer is not physically present is improper.
• Notarizing Without a Proper Notarial Certificate: Each notarized document should include a notarial certificate that clearly states the type of notarization performed. Failing to include a proper certificate is an example of improper notarization.
Notary Publics need to be well-versed in their state’s specific laws and regulations regarding notarization to avoid improper notarization. Proper training, ongoing education, and adherence to ethical and legal standards are essential for ensuring notarial acts are performed correctly and within the bounds of the law.
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NO, notaries are explicitly forbidden to provide legal advice because they are not licensed in the practice of law. Notaries only have the strict duty of performing notarial acts as regulated by the notary laws of the state. Therefore it is important that all documents are fully completed before the notarial act since notaries cannot fill in the blanks for you as it may be construed as a practice of law. If you have any legal concerns about the document you are asking to be notarized, please consult with a qualified attorney beforehand.
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Acceptable forms of identification should be a current and unexpired government issued ID, with a clear photograph and accurate physical description of the bearer, along with the bearer’s signature. Examples of acceptable forms of IDs are:
• State-Issued Driver’s License or State-Issued Identification Card
• Passport
• Military ID
• Permanent Resident Card (Green Card)
Please note Birth Certificates and Social Security Cards will not be accepted as a primary source of identification as they do not contain the necessary requirements needed for an acceptable form of ID.
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If time constraints will not allow for a valid government issued ID to be obtained prior to the notarization, then the signer must provide two (2) credible witnesses to be present at the notarization to attest that the signer are personally known to them. The witnesses will be swearing an oath or affirmation of this fact and they themselves will need to provide acceptable forms of IDs to the notary.
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The main types of notarial acts listed in NYS Secretary of State Notary Public License Law are the following:
• Administer Oaths and Affirmations
• Take Affidavits and Depositions
• Receive and certify acknowledgments of legal documents, e.g., deeds, mortgages, power of attorney, or other instruments in writing
If the document provided at the notarization does not explicitly state or is apparent which notarial act is required, then the notary cannot make the determination for the signer or give advice of which notarial act is to be completed since this will be construed as a practice of law. It will be up to the signer to make this determination and to direct the notary which notarial act is to be completed. Therefore, it is important that the signer, when providing the document to be notarized, must first be certain which notarial act is required by seeking the advice of qualified attorney or asking the creator/receiver of the document to be notarized.