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Process for taking an acknowledgement – ANSWER-1) The signer must appear before the notary.
- The signer must declare that they have voluntarily signed the document.
- Ask something like ""Do you acknowledge that this is your signature and that you are executing this document of your own free will?"
- If the answer is affirmative complete a certificate which states that the execution of the document was acknowledged by the signer. Documents that typically require taking an acknowledgement
- ANSWER-deeds, mortgages, contracts, and powers of attorney (except those pertaining to motor vehicle titles). Process for taking an oath or affirmation - ANSWER-
- The signer must appear before the notary
- The signer must swear that the information contained within the document is true.
- The signer must verbally state that they are making an oath or affirmation.
- Administer the oath or affirmation. (An oath similar to one administered in court by a judge or bailiff would be sufficient. Or, you may simply ask, "Do you swear (or affirm) that the information contained in this document is true?")
- after receiving an affirmative answer, you must complete a proper notarial certificate
indicating that an oath or affirmation was taken. What is the penalty for those that break an oath or affirmation?
- ANSWER-Those who make a false oath or affirmation is subject to charges of perjury. What kind of documents typically require an oath or affirmation?
- ANSWER-Sworn statements are commonly used in affidavits, depositions, and applications. Process for a prepared notarial certificate
- ANSWER- 1 ) look for the key words "acknowledged" or "sworn to" to tell you which notarial act is required.
- If there is no notarial certificate on the document, the signer must direct you whether he or she wants to make an acknowledgment or take an oath. What to do if a signer asks whether an oath or affirmation is required
- ANSWER-Unless you are an attorney, you are not authorized to advise a person which notarial act is appropriate for the document presented for notarization, and you may not advise the person about the contents of the document. Process for depositions
- ANSWER-1) The deponent must appear before the notary
even if the attorneys for both parties stipulate otherwise. (See Attorney General Opinion, No. 92 - 95, December 23, 1992.) This means that, if you are asked to swear in a person over the phone, you must decline. A notary, or other authorized official, would have to be present with the deponent for the administration of the oath or affirmation. May a notary take a deposition?
- ANSWER-You should also know that, as a notary public, you are not authorized to take a deposition. That is, you may not actively participate in questioning a witness who is giving a deposition in a criminal or civil proceeding. A Florida appellate court recently ruled that the taking of a deposition constitutes the practice of law under section 454.23, Florida Statutes. Notaries who are not licensed attorneys are prohibited from engaging in the practice of law and may be suspended from office by the Governor for such violation. The referenced case involved two paralegals, one of whom was a notary public, who owned a business that performed paralegal functions. Neither was a licensed attorney, but both readily admitted their active participation in several depositions. In its opinion, the Court explained: A deposition is an important, formal, recorded proceeding in which lawyers must observe the Florida rules of court and must rely on their legal training and skills to question witnesses effectively. The activities and services involved in participating in a
deposition often implicate ethical questions and strategic considerations of the utmost importance. The effectiveness of the person deposing a witness can have a significant impact on whether objectionable information is identified and addressed or waived, whether a case is made, and how the evidence therefrom is used in any subsequent legal proceeding... Without a doubt, the process of directly examining or cross- examining a witness can affect important rights under the law... We conclude that, lacking adequate legal training, a nonattorney participating in the examination of a witness poses the very dangers of incompetent, unethical, or irresponsible representation... we hold that the nonlawyer appellees' active participation in questioning witnesses in depositions... constitutes the unauthorized practice of law in violation of section 454.23, Florida Statutes. The notary involved has been denied a renewal appointment by the Governor's Office and both persons have pending criminal charges for the unlicensed practice law. Be careful that you do not overstep your authority when asked to swear in a person for a deposition. The unauthorized practice of law is a serious matter and one that is not taken lightly by the Governor's Office or the Court. Process for attesting to photocopies ANSWER- 1 ) Supervise the making of the photocopy. It is not sufficient for the notary public to compare the photocopy with the original document. The notary public must actually make the photocopy or supervise another person while he or she makes the photocopy.
- This notarial certificate should be typed, stamped or written on the front or back of the photocopy or may be attached as a separate page.
- The notary must compare the two documents to assure their trueness.
- The notary should also make sure that the document is not currently filed in a court
Bill of sale Contract Lease Resident alien card Personal letter What is the maximum fee a notary may charge for making an attested photocopy? - ANSWER-$ What constitutes a public record? - ANSWER- Examples of public records - ANSWER-The following documents are examples of public records, copies of which cannot be attested to by a notary: Birth certificate Marriage certificate Death certificate Certificate of citizenship or naturalization Documents filed in a court proceeding Documents recorded by the Clerk of the Court Public records maintained in government offices Student records (transcripts, etc.) kept in public education offices Federal or state income tax forms, already filed Professional licenses issued by the State of Florida Any document for which photocopying is prohibited
This is not a complete list of public records. If the document is issued by a government entity, the notary should contact that entity to determine whether a certified copy is available. If one is available, then the notary public must decline to make an attested photocopy. Procedure for solemnizing marriages - ANSWER-1) The couple must present a Florida marriage license and present it to the notary before the marriage.
- The notary public performs the marriage ceremony.
- The couple may modify their vows the couple's vows must reflect their intentions to make a legally binding commitment to each other.
- The notary public is responsible for making a certificate on the appropriate portion of the marriage license and returning it to the office of the county court judge or clerk of the circuit court which issued the license within 10 days after solemnizing the marriage. § 741.08, Fla. Stat. How many states allow notaries to solemnize marriages? - ANSWER-Florida is one of only three states which authorize notaries public to perform marriage ceremonies. Can a Florida State notary solemnize marriages in different states? - ANSWER-No, the marriage has to be within the geographical bounds of the United States.
verify the VIN and odometer reading are correct in the sworn statement.
- (Part B) The notary public must include the date, sign the document, print his or her name, and affix his or her notary seal.
What form is required to verify a VIN? - ANSWER-A form prepared by the Department of Highway Safety and Motor Vehicles, HSMV 82042 (Rev. 5/95)S Where can one acquire the correct form for verifying a VIN? - ANSWER-This VIN verification form is also found on the Application for Certificate of Title With/Without Registration, HSMV 82040 (Rev. 5/96)S. These forms and all other forms related to vehicle registration are available from the tag office of the Tax Collector's Office in each county. In what case can a bank open a safety deposit box? - ANSWER-A bank may open a safety deposit box if the renter is delinquent on the rental payment, when proper notice has been given, and other requirements are met. When the box is opened a notary is authorized and required to be present.
May the notary provide an estimation of value for the contexts of the box? - ANSWER- No What is the maximum fee that a notary may charge for being present when a safety deposit box is opened? - ANSWER-$ When did the law authorizing notaries to be present for a safety deposit box become effective?
- ANSWER-on July 3, 1992, and is found in section 655.94(1), Florida Statutes. Procedure for opening a safety deposit box. - ANSWER-1) The notary must be physically present while the box is being opened.
- When the safe-deposit box is opened, the notary should inventory the contents of the box and should complete a certificate reciting the name of the lessee, the date of the opening, and a list of the contents. Florida law does not provide a form certificate; however, the following form, prepared by the Notary Section, should be sufficient.
- Once the certificate is completed, copies should be made. The notary should place the original certificate in a package with the contents of the safe-deposit box and seal the package. The notary must then write on the outside of the package the name of the lessee and the date of the opening.
- The notary should leave the sealed package and a copy of the certificate with the financial institution.
- If the notary keeps a record book or journal of notarial acts, details of the act should be recorded. It may be a good idea to require the person opening the box, the officer of the institution, and any other witness to sign the journal as well. What limitations exist for a notary present for the opening of a safety deposit box? -
§117.01(4)(f). - ANSWER-A notary may not give legal advice unless they are a licensed attorney. §117.03. - ANSWER-A notary may not take an acknowledgment of execution in lieu of an oath if an oath is required. §117.05(1). - ANSWER-A notary must use their legal name on all commissions. A notary may not notarize their own signature. §§117.05(2), 117.045, 28.24(29), & 839.11. - ANSWER-A notary may not charge more than $ for any one notarial act or more than $20 for solemnizing the rites of matrimony. §117.05(5). - ANSWER-A notary may not notarize a signature unless the signer is personally known to the notary or has presented sufficient identification. §117.05(8). - ANSWER-A notary may not act as a notary after the expiry of their commission. §117.05(11). - ANSWER-A notary public may not translate "Notary Public" into any other language than English in an ad for notarial services. §117.05(12)(a). - ANSWER-A notary may not attest to a photocopy if the document is available from another public official. §117.107(1). - ANSWER-A notary may not use a name or initial in signing certificates other than that by which they are commissioned.
§117.107(3). - ANSWER-A notary may not sign a blank form of affidavit or certificate of acknowledgment. §117.05 (14)(a). - ANSWER-A notary may not take an acknowledgement from a blind person unless they have read the document to them. §117.107(6). - ANSWER-A notary may not take the acknowledgment of a person who does not speak or understand the English language, unless the nature and effect of the instrument to be notarized is translated into a language which the person does understand. §117.107(7). - ANSWER-A notary may not change anything in a written instrument if the document is signed by anyone.
not notarize a signature on a document if the person whose signature is being notarized is not in the presence of the notary public at the time the signature is notarized. Any notary public who violates this paragraph is guilty of a civil infraction, punishable by penalty not exceeding $5,000, and that conduct constitutes malfeasance and misfeasance in the conduct of official duties. It is no defense to the civil infraction specified in this paragraph that the notary public acted without intent to defraud. A notary public who violates this paragraph with the intent to defraud is guilty of violating s.117.105. What criminal penalties are notaries subject to? - ANSWER-No person shall obtain or use a notary public commission in other than his legal name, and it is unlawful for a notary public to notarize his own signature. Any person applying for a notary public commission must submit proof of his identity to the Department of State if so requested. Any person who violates the provisions of this subsection is guilty of a felony of the third degree, punishable as provided in s. 775.082 s 775.083, or s. 775.084. § 117.05(1).Any person who acts as or otherwise willfully impersonates a notary public while not lawfully appointed and commissioned to perform notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 117.05(7).Any person who unlawfully possesses a notary public official seal or any papers or copies
relating to notarial acts is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. § 117.05(3)(e).Any notary public who knowingly acts as a notary public after his commission has expired is guilty of a misdemeanor of the second degree, punishable in s. 775.082, s. 775.083, or § 117.05(8).A notary public who falsely or fraudulently takes an acknowledgment of an instrument as a notary public or who falsely or fraudulently makes a certificate as a notary public or who falsely takes or receives an acknowledgment of the signature on a written instrument is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, s.775.084, or §117.105. Is a notary allowed to notarize a photograph? - ANSWER-No Is a notary allowed to notarize a copy of a birth certificate or any vital or public record? - ANSWER-No Is a notary allowed to certify the translation of a document from one language to another? - ANSWER-No Is a notary allowed to provide signature guarantees? - ANSWER-No, this duty is usually performed by officials in the banking and securities industry. Are notaries allowed to certify the authenticity of an object (i.e. art, sports memorabilia, ect.)? - ANSWER-No Is a notary allowed to certify or judge contest results? - ANSWER-No
Additionally a notary may only attest to the trueness of a photocopy of an original document. Most people do not have a copy of their birth certificate, and only possess a certified copy. Florida State law also prohibits photocopying birth certificates. A party may not photocopy a birth certificate and sign a sworn statement to the trueness of the photocopy. May a notary notarize the signature on a blank power of attorney form to facilitate the sale of a motor vehicle? - ANSWER-This is a common practice which is illegal. Are government agencies allowed to pay the cost of securing a notary commission for one of its employees? - ANSWER-Yes. Such cost is deemed to be an expense of the agency. See sections 116.35 and 116.36, Florida Statutes. After a notary is commissioned, how long are they a notary? - ANSWER- 24 hours, 7 days a week, for 4 years until the expiry of their commission. Are government agencies allowed to set regulations regarding the use of their notary's commission? - ANSWER-Yes, the government agency may set regulations regarding the use of the notary's commission during the employee-notary's regular business hours. To whom do notarial fees belong when an employee-notary performs a notarial act? - ANSWER-If the notarial act is performed during the employee-notary's regular working hours, then the fee belongs to the government agency. 116.35, 116.38. The government agency has the authority to set the notary fees to be charged by that agency for its notary services to the public, but such fees may not exceed the allowable fees specified in Chapter 117, Florida
Statutes. When do fees belong to an employee-notary? - ANSWER-For any notarial act outside of regular working hours and capacity of their employment. See sections 117.05(2), 117.045, and 28.24(29). To whom does the notarial equipment belong? - ANSWER-The notary seal, the notary commission certificate, and any other papers belonging to the notary public, i.e., a record book or journal of notarial acts, are the property of the notary public. These items are not the property of the government agency, even if the agency paid for such items. Even upon termination of employment, these items belong to the notary public. It is the notary's responsibility to secure the notary seal to prevent its misuse. Is the notary responsible for securing the notary seal against misuse? - ANSWER-Yes Is the misuse of a notary seal a criminal offense? - ANSWER-Yes. Any unauthorized use of a notary seal by a person who is not the lawfully commissioned notary public is a criminal offense. It is also unlawful for a person to possess a notary seal or commission
