Notary & Business Frequently Asked Questions
1. How do I become a notary public?
To become a notary public, you must follow the commissioning requirements specific to your state. To get started, visit your state’s Secretary of State website and navigate to the notary public section for step-by-step guidance. You can also explore resources provided by the National Notary Association (NNA), which offers detailed state-by-state information, training, and application assistance.
2. Why is it important to follow notary best practices?
Best practices protect both the notary and the signer. They ensure the notarization is legally valid, reduce the risk of fraud, uphold ethical standards, and maintain public trust in the notarial process.
3. Can I notarize documents for family members or close friends?
It’s generally discouraged and, in some states, prohibited. Even if allowed, it may compromise your impartiality. Always avoid situations that could present a conflict of interest or create the appearance of bias.
4. What should I do if I’m asked to notarize a document I’m personally involved in?
You must decline. A notary must remain impartial and should never notarize any document in which they have a direct financial or personal interest.
5. Why must I verify a signer’s identity?
Identity verification is the cornerstone of notarial work. It ensures the person signing is who they claim to be, helps deter fraud, and protects the integrity of the transaction.
6. What forms of ID are acceptable for notarization?
Acceptable identification typically includes government-issued photo IDs, such as a driver’s license, passport, military ID, or state-issued ID. The ID must be current and include a recognizable photo and signature.
7. Why should I keep a notary journal?
Keeping a journal provides a record of all notarizations. This documentation can serve as vital legal evidence if the notarization is ever questioned. In some states, it is required by law—even for online notarizations.
8. Can I notarize a document if the signer isn’t present?
No. The signer must be present at the time of notarization, either in person or virtually through an approved Remote Online Notarization (RON) platform if permitted in your state. Notarizing without presence is a serious violation.
9. How can I limit my liability as a notary public?
Maintain errors and omissions (E&O) insurance, always follow state laws and professional guidelines, avoid shortcuts, and keep thorough records. Stay educated and seek clarification when unsure.
10. Why is it important to stay updated on notary laws?
Laws and procedures can change. Staying current ensures you're compliant, avoids legal issues, and allows you to deliver professional and lawful services to your clients.
11. Can I notarize a document written in a language other than English?
It depends on your state’s laws. In some states, a notary may notarize a document written in a foreign language if the signer understands the contents, either because the document was translated into a language the signer understands or it is intended for use in a country where that language is standard (such as in apostille cases).
However, the notary must still be able to complete the notarial certificate in English and ensure that the signer comprehends the purpose of the document. In such cases, it is best practice—and in some states, required—to attach an English-language notarial certificate to maintain legal clarity and avoid misrepresentation.
12. What should I do if a document is blank or incomplete?
You should refuse to notarize any document with blank spaces or missing pages. Advise the signer to complete the document fully before returning for notarization.
13. Why should I secure my notary tools (stamp, journal, etc.)?
Notary tools are official instruments of your commission. Unauthorized use can lead to fraud, revoked commissions, or even legal action. Always store them in a locked, secure location.
14. Can I notarize my own signature?
Absolutely not. A notary must remain a neutral third party and cannot notarize their own signature or act in any self-interested capacity.
15. Why do notaries matter in legal and financial transactions?
Notaries play a critical role in verifying identity, ensuring the signer is willing and aware, and preventing fraud. They are a safeguard in business, real estate, estate planning, and government processes.
16. What’s the difference between in-person notarization and remote online notarization (RON)?
In-person notarization requires the signer to appear physically before the notary. Remote Online Notarization uses approved technology to allow notarization through a secure video call, but the process is governed by strict state laws.
17. Do I need to be bonded or insured as a notary?
In many states, a notary bond is required to protect the public from notarial misconduct. Errors & Omissions insurance is optional but highly recommended as it protects you from personal liability in the event of a mistake.
18. Can I refuse to notarize a document?
Yes. You have the right to refuse if the request is unlawful, if the signer cannot be properly identified, if the document is incomplete, or if you feel uncomfortable with the transaction for any reason related to ethics or legality.
19. What are common mistakes new notaries make?
Mistakes include failing to properly identify signers, skipping journal entries, notarizing blank or incomplete documents, or applying the seal in the wrong location. Continuous education can help avoid these pitfalls.
20. Why should I establish business practices for my notary services?
Establishing policies and procedures—like pricing, scheduling, document intake, and privacy standards—boosts your professionalism, protects your business, and fosters client trust.
21. Do I need to register my notary business as an LLC or other entity?
While it's not required, forming an LLC or another business entity can provide legal protections, improve credibility, and separate personal and business finances. Consult with a business advisor or legal professional to choose the best structure for your needs.
22. Do I need a business license to operate as a notary?
Depending on your state or county, you may need a general business license to operate legally. Check with your local business authority or tax office to confirm what’s required in your area.
23. Can I deduct my notary business expenses on my taxes?
Yes. Common deductible expenses include E&O insurance, supplies, mileage, continuing education, advertising, office space, and technology tools. Be sure to track all expenses and work with a tax professional to stay compliant.
24. How should I price my notary services?
Your pricing should consider your state’s fee limitations, your travel costs, your time, industry standards, and the value you provide. Regularly perform market research to stay competitive and ensure you're not undercharging or overcharging.
25. Should I separate my personal and business finances?
Absolutely. Open a separate business checking account to manage income, pay expenses, and track profitability. This also simplifies tax filing and protects your legal status if you're operating as an LLC.
26. Do I need insurance for my notary business?
In addition to your required notary bond, Errors and Omissions (E&O) Insurance is highly recommended. For broader protection, consider general liability or professional liability insurance, especially if you offer mobile services. Contact Biberk or Hiscox for small business insurance.
27. How do I grow my notary business?
Marketing is key. Build a professional website, claim your business on Google, use social media platforms, network locally, and request reviews from satisfied clients. Offering niche services like apostille facilitation, translation coordination, or remote online notarization can also set you apart.
28. What should be included in my notary business policies?
Policies should cover your hours, fees, travel boundaries, identification requirements, cancellation/rescheduling terms, and any specialties or restrictions. Clear policies reduce misunderstandings and build trust.
29. How do I keep track of appointments and clients?
Use scheduling tools like Calendly, NotaryAssist, or Google Calendar. For CRM (customer relationship management), tools like HoneyBook or QuickBooks can help you manage clients, invoices, and follow-ups professionally.
30. What’s the best way to accept payments?
Offer multiple options: cash, card, Zelle, PayPal, or Square. Ensure your payment methods are secure and convenient, and always provide a receipt. Consider using a POS (point-of-sale) system or mobile invoicing app.
31. How do I set boundaries with clients?
Communicate your working hours, response times, cancellation policies, and service limitations clearly on your website, intake forms, and during consultations. Setting boundaries helps maintain balance and respect in your business.
32. What legal documents should I have for my business?
Essential documents may include a service agreement, privacy policy, terms of service, cancellation policy, and invoice templates. If you hire others, include independent contractor agreements and non-disclosure agreements.
33. Can I hire others to help with my notary business?
Yes, but you must ensure they are properly commissioned, insured, and trained. If you’re building a team, have clear contracts, a consistent brand, and quality control measures in place.
