The American Association of Notaries is dedicated to serving Kansas notaries
by providing informational news, law updates, education, notary supplies, notary
bonds, and E/O insurance. We closely monitor news and any law changes that affect
Kansas notaries, and we will keep you informed on this site if any changes are
imminent. We are a Kansas based association. We are the
voice of Kansas notaries!
Notary News...
Why Belong to a Professional Notary Association?
Notaries assume liability for every notarial act upon being commissioned as a notary public. It is critical to obtain the best information available to ensure compliance with your state’s laws.
Notaries assume liability for every notarial act upon being commissioned as a notary public. It is critical to obtain the best information available to ensure compliance with your state’s laws. If you observe laws properly, you can protect yourself and minimize opportunity for liability.
A good association will provide information, training and support. A phone call or email is usually all it takes to get the answers you need, when you need them. No hour-long queue, no endless recording of options… just a live person with straight answers!
A good association will offer discounts on notary supplies, and stand behind their products. A good association will help you keep track of your commission expiration date and renewal information so you don’t find yourself with an expired notary commission. A good association provides online resources you need, right at your fingertips.
By belonging to a professional notary association you will:
· Keep up with technological developments related to this industry
· Receive updated information on legislation affecting notaries
· Have access to quality affinity programs
· Receive member pricing and advanced notice on new and discounted products
· Have access to important notary resources, education, newsletters and bulletins, and notary search pages available only to members
· Have your questions answered quickly by industry specialists
Membership in The American Association of Notaries offers all this and more, and we offer a nationwide notary locator service to help you build your notary business. JOIN US TODAY – for great member advantages and for your peace of mind!
AAN Introduces Laser Engraving For Seals
In order to bring our members the absolute best in stamp and seal technology, the American Association of Notaries now provides seals made with a state of the art Laser Engraving process.
In order to bring our members the absolute best in stamp and seal technology, the American Association of Notaries now provides seals made with a state of the art Laser Engraving process. This innovative technology ensures that our seals are clean and sharp, accurate and concise, better than ever! We make it our business to be certain that every stamp is made as your state requires, and they are – always – absolutely guaranteed!
The American Association of Notaries’ New E-Zine Coming Soon!
Members, watch your email for the new electronic magazine from the American Association of Notaries, filled with helpful information, coupons for discounts and special offerings to members only, and updates on any law changes that may be pending.
Members, watch your email for the new electronic magazine from the American Association of Notaries, filled with helpful information, coupons for discounts and special offerings to members only, and updates on any law changes that may be pending. You get the story from the American Association of Notaries!
How to Choose a Bonding and Notary Supply Company
It is critical to choose a very reputable notary bonding and supply company that is approved by your state to issue notary bonds. As with any insurance, you want an agency you can count on. One that will still be here tomorrow and for years to come.
Many states’ notary administrators post approved bonding agencies; some do not and some states do not require notary bonds at all. Here are some important points to consider when choosing a bonding agency and/or notary supply resource:
· Return policy – do they stand behind their products?
· Pricing of products – are the prices reasonable, and can you qualify for discounts?
· Do they make products in-house?
· What is the expected turnaround time to deliver products?
· Are their shipping charges reasonable?
· How long have they been in business? Find a company with years of experience and expertise.
· Will they be around in the future? You want to know when the time comes for your commission renewal, they’ll be there.
· Are they nationwide? Some companies only offer products for certain states.
· Do they have a physical address in your state or just a post office box? You should always ask for a physical address.
Your best resource is a notary association that does it all – offers bonds, supplies, helps you process your application, and offers excellent support when you need it.
The American Association of Notaries offers bonds in many states, as well as Errors and Omissions insurance nationwide, and is highly reputable and reliable. We process your applications and renewals from start to finish quickly and accurately, and provide all quality notary products made according to each state’s guidelines. And membership in our Association means big savings for you and a ready resource if you need help! Once your notary commission is issued, keep us in your favorites for a quick reference if you need help, law references, products, or training. Already a member? Tell your friends!
Why Do You Need Errors and Omissions Insurance?
Many notaries are unaware that they have total liability for incorrect or inappropriate notary acts.
If a notary makes an error that costs a client something of value, that client could sue, even if the notary had no idea of the wrongdoing. Ignorance of the law is not considered an excuse.
Obviously, if a notary performs a fraudulent and deliberate criminal act, that notary should be prosecuted. But notaries are most often sued because of simple errors, lack of instruction and education, and persuasion or intimidation by employers, friends or family. They usually mean well, and they’re very persuasive – and the notary is usually just trying to help. But who gets called into court? It’s a lot to risk.
Paying a little money now may save you a bundle in the future. If you are sued, even when completely innocent of any wrongdoing, you still have to come up with lawyer and pay court fees to prove your innocence. This is how our legal system works – without hiring a lawyer, what are your chances of winning a case even if you are not at fault?
The American Association of Notaries offers Errors and Omissions (E & O) Insurance at very reasonable rates to help the notary protect against claims of wrongdoing or negligence, and will help pay legal expenses in a court case. This is optional insurance but is strongly recommended for all notaries.
Steps to a Proper Notarization
Notaries should follow proper procedures to minimize any risk of liability for an improper notarial act and reduce opportunities for fraud. With every notarization, the notary should use precise measures to:
· insist on the personal appearance of the signer at the time the notary act takes place;
· establish clearly the identity of the signer(s) using proper identification techniques;
· ascertain that the document is complete, with no blank spaces, and is dated no later than the date of the notarial act;
· determine that the signer understands and is willingly signing the document being executed;
· administer an appropriate oath or take the acknowledgment of those signing the document;
· enter the transaction in the notarial journal,
· act as a completely impartial witness with no involvement whatsoever in the transaction taking place; and
· maintain privacy and confidentiality regarding the transaction at all times.
If you are unsure about proper procedures to take, join the American Association of Notaries and take advantage of our notary professionals standing by to help you! Our members know they can count on us!
Notaries: Maintain a Journal!
The notary’s best defense is the record book, or notary journal. Some states require notaries to keep a record book and some states do not; however, all notaries are encouraged to keep a journal of every notarial act.
The notary’s best defense is the record book, or notary journal. Some states require notaries to keep a record book and some states do not; however, all notaries are encouraged to keep a journal of every notarial act. Precise entries in a properly maintained record book can prove that the notary acted properly at the time of the notarial act, and may mean the difference in penalties for wrongdoing or praise for proper adherence.
The record book entry may well serve to remind the notary of pertinent facts regarding a particular notarial act in question (often by a court of law) that may have occurred years before. The notary would in all probability be unable to recall details of a transaction after the fact without the benefit of proper records of the act made at the time it took place. Entries in the journal along with the signature of your signer will prove that the signer was physically present at the time of the notarial act. The journal would prove absolutely invaluable if ever called to testify! Make sure to write down any unusual circumstances pertaining to the notarial act.
Notary Fees
Discuss fees with employer
Notaries must know their state notary laws regarding all aspects of their notary commission, and this includes fees. You must NOT charge more than the law allows for any notarization.
Discuss fees with employer
Notaries must know their state notary laws regarding all aspects of their notary commission, and this includes fees. You must NOT charge more than the law allows for any notarization. This can result in severe penalties against the notary. You may of course offer your services at no charge. Discuss fees and how you will handle them with your employer to avoid any misunderstandings.
Provide Receipts
Always provide a written receipt for fees charged, completely separating any non-notary business fees such as travel expenses from the actual notary fees charged.
Fees are Taxable Income
Your notary fees, if not turned in to your employer, are taxable income. Please consult your tax advisor for details, and keep careful records of all fees charged.
Avoid Conflicts of Interest
Never act in a notary capacity if you have any involvement whatsoever in the transaction taking place. If you are named in the document, or if a family member or close affiliate is named, refuse to notarize.
Never act in a notary capacity if you have any involvement whatsoever in the transaction taking place. If you are named in the document, or if a family member or close affiliate is named, refuse to notarize. You must be a completely unbiased witness to the execution, and you are not unbiased, if for example, your spouse, your sister, or your boyfriend stands to gain financially or emotionally from the transaction taking place.
Many states exact a high penalty for notarizing a document when the notary has a financial or personal interest. In other words, if the notary stands to gain in any way, the notary must refuse to notarize. Failure to do so may result in the notarization being challenged at a later date, and often if the notary is determined by a court of law to be an interested party, the executed document may be determined worthless and the notary could be charged with wrongdoing.
Suggest the signer find a notary with no connections to the transaction, in order to avoid conflicts later than may negate the action executed. You’re not really helping a friend or family member if you cause a rejection of the document, and thereby the transaction being executed, for a claim of conflict of interest.
Practicing Law Without a License / Unlawful Advertising
The following are issues that are addressed by law in many states and may carry severe penalties. Notaries in those states that do not address these issues should heed the following:
· A notary must not act as an attorney if not licensed to practice law
A notary public not licensed to practice law may not give legal advice or accept fees for legal advice. This includes giving ANY advice regarding the transaction; preparing forms; explaining forms and their meanings; advising signer on what type of notary act is required (oath or acknowledgment) or in any advertisement, stating or implying authority the notary does not possess.
· A notary must not advertise as an immigration consultant or specialist
A notary must avoid notarization requests regarding immigration documents, and should instead refer the signer to an attorney or to the Immigration and Naturalization Service (INS).
· A notary must not unlawfully advertise services
A notary public who is not an attorney and who advertises the services of a notary public in any language other than English, whether by signs, pamphlets, stationery, or other written communication or by radio or television, MUST also include with the advertisement a notice that the notary public is not an attorney.
The notice must be in English and in the language of the advertisement and in letters of a conspicuous size. If the advertisement is by radio or television, the statement may be modified, but must include substantially the same message. The notice should include the following statement:
“I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW IN (YOUR STATE)
AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE.”
· A notary may not translate “notary public” into Spanish
Literal translation of the phrase “notary public” into Spanish (notario or notario publico) is prohibited in many states. “Literal translation” means the translation of a word or phrase without regard to the true meaning of the word or phrase in the language that is being translated. This law is due to the many cases of fraud against Spanish-speaking individuals who believe a ‘notario publico’ to be an attorney – with all of the authority of that position.
Notary bonds and errors and omissions insurance policies provided by this insurance agency, American Association of Notaries, Inc., are underwritten by Western Surety Company, Universal Surety of America, or Surety Bonding Company of America, which are subsidiaries of CNA Surety. American Association of Notaries is owned by Kal Tabbara, a licensed insurance agent.
