A Notary Public holds a position of Great Importance and Responsibility
When you Notarize:
Follow some simple steps to protect yourself.
1. DO require that the document signer and any witness identifying the signer be present at the time of the notarization.
2. DO require proper identification from every person whose signature you notarize.
3. DO keep your journal and notary stamp/seal in a locked place when not in use.
4. DO maintain a journal with the complete details of each notarization you perform.
5. DO immediately contact the Delaware Secretary of State (Notary Public Section) if you are required to turn over your Notary Journal or if you are served with a legal notice related to your actions as a Notary Public. Please remember that the Notary Journal in Delaware is recommended and not required by the State of Delaware.
1. Don’t notarize a signature if the signer does not appear before you, the notary.
2. Don’t ever loan your Notary stamp/seal to another person even if you know that person well.
3. Don’t notarize your own signature on any document. You cannot act as Notary for yourself.
4. Don’t perform any notarization when you are uncomfortable with the circumstances of the transaction or you believe that the transaction is not legitimate. It is better to walk away from such a notarization that to risk being accused later of improper notarization.
In General, a Notary Public can be held financially responsible if:
1. The Notary does not faithfully perform the duties required by law.
2. Someone is damaged financially by the notary’s failure to comply with the law.
3. The notary’s failure was the proximate cause of the financial loss.
Notary Do's and Don'ts