Happy 4th of July!

Amidst the cookouts, watermelon, family, friends and fireworks, take the time to remember where we came from and where we are going as a country. America is still the greatest country on Earth. Despite the recession, politics, unstable world events, we still are blessed to be here. We are blessed to live here and blessed to be able to serve our members.

New Laws Share Common Theme

Illinois, Colorado and Montana each have passed laws regarding notary records effective June, July and October respectively. For many years we have taught you that the notary journal is your best friend if you are ever called to court. It is 100% proof positive that the constituent appeared before you for notary service. As was the case in a recent Illinois court case, the notary could have saved $30,000 had he properly maintained the journal and followed sound notary practices.

Our journals have been flying off the shelves. In fact, we are nearly completely out. Our next shipment is scheduled to be here on July 7. We are offering our high quality journals for 1/2 price through July 7. Stock up now and save yourself from a potential lawsuit later.

Order Notary Journals

Join us on Facebook

We now have a Facebook page! Become a fan and get access to exclusive content and deals you will not be able to find anywhere else. Facebook is a great way to connect with friends and colleagues around the world and will also allow you to stay up to date with notary law changes and special offers.

Trivia Question

Which of the following is true? A. Every notary in the country is required to keep accurate notary records B. If a notary does not keep written records and signs and seals a document, the notary could be called to court and be required to testify about the details of a disputed transaction. C. If the notary does not keep records if required by the state the notary could be held liable for damages in a civil court. D. Both B and C are correct. The correct answer is D. The states that do not require a journal still recommend that notaries maintain a record of all notarial events.

Join us on Facebook

Social networking sites such as Facebook are a great way to connect with friends, family and colleagues. We have recently launched a new "fan page" for all notaries public across the nation. Our Facebook "fans" will have access to exclusive deals and notary updates not available anywhere else. Not a member of Facebook? Click on the Facebook logo and sign up today.

We take pride in keeping up with technology to better serve our students. If you have any suggestions or comments, you can click on the "Discussions" tab on our Facebook fan page.

Lawsuit Helps Shape Illinois Law

Effective June 1, 2009, new notary laws have taken effect in Illinois. These new laws affect identification requirements and real estate logging requirements for Cook County. We have incorporated the new laws with the old laws in our updated Illinois Online Video Course. The new course includes the new Cook County notary record form.

The lawsuit that was the catalyst for this new legislation involved a FedEx/Kinkos location where the employee notary notarized a document without all signers present. The EMPLOYER was held liable for the damages due to "negligent training and supervision." Had the FedEx/Kinkos employee taken our Illinois Notary Course, he would have fully understood his and his employer's liabilities and how to avoid such a costly lawsuit.

The case involves improper training, improper identification, no personal appearance, not securing the notary stamp, not securing the notary journal and improper supervision of an employee notary. The lawsuit states that the notary “had a number of problems that he didn’t realize [he had].� We cannot emphasize enough that every notary should go through our training program. Ignorance of the law is not a good enough defense. In this case, the notary settled for $30,000. The FedEx/Kinkos store was ruled liable for over $123,000 in damages plus legal fees. That is much more expensive than one of our online video courses.

Notaries and Employer's of notaries: Do not let this happen to you and/or your employees. Do your due diligence and have your notaries take our course. Whether you are in Illinois or any other state that does not require education, it is imperitive that you and/or your employee notaries know what they are doing and to stay out of trouble. See our notary training options.

For the full text of the Illinios Law Suit: http://www.state.il.us/court/OPINIONS/AppellateCourt/2008/1stDistrict/December/1062750.pdf

New Laws in Illinois

As is often the case, legislation follows a problem. A recent lawsuit in Illinois has helped to spearhead some changes in notary law. We have made it easy for you and/or your employees to learn the new Illinois Notary Laws and to help protect your (and/or your company's) assets. Check out the free preview before you order the course.

California 3 Hour Renewing Course Now Online

It's hard to believe that mandatory education has been in California for 4 years already. The laws have changed a bit from 2005. Now, the only significant difference between new and renewing notaries is 3 hours. Renewing notaries who have a commission expiration date of June 30, 2009 or later, are eligible for the 3 hour course in lieu of the 6 hour course. The only catch is you must take and PASS the notary exam before your commission expires to still be considered a renewing notary. If you wait to the last minute and fail your exam, you have to take the 6 hour course again! We try to teach people to RENEW EARLY, RENEW EARLY, RENEW EARLY. There is no penalty for early renewal, but waiting can be big penalties, such as a lapse in your commission.

Wisconsin Notary Section Has A Sense of Humor!

I came across Wisconsin's top 10 reasons an application is rejected and was surprised to find out they have a sense of humor. See for yourself: http://www.sos.state.wi.us/pdf/notary_top_ten_list.pdf

One of my favorites was the one about the check disintegrating going through the postal system. Do you think that excuse will work for the IRS?

Notaries, Do You Know What You Can Charge???

We had a lady concerned that she was over charged for a document with three signatures. Here is the transcript from that live chat session:

Customer Service: How may I help you today?

Christine: Is the notary charge per notary signature or per witness signature?

Christine: We just got charged $30 to notarize one document. That has never happened to me before.

Customer Service: The notary charges per signature notarized, per document. That is correct if it is 3 different signers.

Christine: So, if each person signed the same document, but only one notary signature appears and one notary seal. Under California law it is $30 to notarize that document?

Customer Service: That is the maximum the notary can charge, correct. There should have also been 3 separate journal entries as well.

Christine: That is very strange. I have had documents notarized before and we only were charged $10 for the notary seal/signature, even though two people signed the document.

Customer Service: Most notaries do not know what they are doing, unfortunately, or they were just giving you a discount.

Christine: Fed Ex Kinko's seems not to have an overall policy on what the notaries there are charging. Every store is doing it differently, acc'g to their corp H=Q

Customer Service: We have the same problem with UPS Store as well.

Christine: It does not seem right that they can charge so much to notarize a document. It's only a very short procedure, takes no more than 5 minutes.

Customer Service: However, the notary has UNLIMITED liability if they make a mistake. California has the highest paid notaries in the country.

Christine: Are you sure that this is the way it works in California? When I was practicing law in NY and was a notary, we did not do it this way.

Customer Service: New York has the same law as California. You were also under charging if you did it that way.

Christine: She could have charged us $10 for her one signature on the document. "Per signature" is vague to me. My understanding is that you're paying for the notary's signature and seal on your document. If you're notarizing five documents with three witnesses each, you're paying for five signatures, not fifteen.

Customer Service: That is incorrect. The notary is charging per notarized signature, no matter how many times the notary signs or seals the document. 5 documents, three signers each = $150, not $50.

Customer Service: This is not interpretation, this is state law.

Christine: What is the authority? Can you cite to the law?

Customer Service: One moment.

Customer Service: CA GC 8211 defines the fees that a notary can charge.

Customer Service: Section A states that: For taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, the sum of ten dollars ($10) for EACH SIGNATURE TAKEN.

Christine: 8211. California Notary Public Maximum FeesFees charged by a notary public for the following servicesshall not exceed the fees prescribed by this section. (a) For taking an acknowledgment or proof of a deed, or otherinstrument, to include the seal and the writing of the certificate,the sum of ten dollars ($10) for each signature taken.

Christine: Yes, I see that. She did not write any certificate. All she did was stamp and sign a document we gave her, and put our signatures in her book. It also says maximum fees charged.

Customer Service: Writing of the certificate means that she wrote the names of the signers and the date the notarization took place, etc on the notary certificate.

Customer Service: Maximum fees, means that she could charge less if she wanted to.

Christine: It still to me could be understood as for her signature. It is hard to know exactly what this means.

Customer Service: I would suggest you speak to a lawyer then.

Christine: No that's fine. This is enough info for now. Thank you.

Customer Service: Thank you. Have a great day.

Custom Magnetic Car Signs Now Available

You asked and we responded. We now create and ship magnetic car signs to help you promote your notary business. These signs are 100% custom and are only limited by your imagination. These signs can complement your current business cards design. You can also include your photo or company logo. The possibilities are endless. Go to our notary supplies page to order your Custom Magnetic Car Sign today!

We Want Your Feedback

If this blog is a car, your comments are the gas. By clicking on the comments link below the post, you can let me know what you want from this blog. Plus it is great way for me to see who is actually out there reading it. Without feedback, I don't know which direction YOU would like me to go. I can come up with content, but I would like to come up with content that YOU want to read. I look forward to hearing from YOU.

2009 California Notary Public Handbook Now Available

"The new phone book is here, the new phone book is here!" - The Jerk, 1979

You don't have to be a "jerk" to be excited about the new 2009 California Notary Handbook. It is wonderful to have this available in January. Last year we didn't get our grubby little hands on it until April. The Secretary of State's office did an amazing job getting this delivered early in a big election year, no less. If you are a notary in California, you must have a copy of this handbook nearby at all times. You can download it in PDF form here: http://www.sos.ca.gov/business/notary/forms/handbook.pdf or order it from us here: http://gsn.notary.net/supplies/?productid=118