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Monday, 13 September 2010 11:37 |
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I had a call this week that surprised me. The individual was asking if I could notarize the signature of her 15 year-old daughter. The short answer is yes... of course! However, it seems that there are several California Notaries who are under the impression that notarizing a minor's signature is illegal. This simply isn't so.
California Notary law requires that an individual produce proper identification. Now, this may be challenging for somebody under 18, but it isn't impossible. A minor may have a valid passport or a state-issued ID card. The California DMV will issue an ID card to a person of any age. Of course, there are many minors over 16 who have a valid driver license, and there is always the option of using credible witnesses if absolutely necesarry.
Simply put, if the minor can communicate with the notary about the general nature of the document he/she is signing, there is nothing that prevents his/her signature being notarized. Now, you have to remember that state and federal laws still apply regarding the legality of a minor's signature -- but that's not something that a notary should bother with. Remember that a notarization does not impact the legality of a document. If it wasn't a legal or enforceable document before notarization, it won't be afterward, either. The notarization exists to identify the signer who acknowledges their signature or swears to the contents of a document. |
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Saturday, 31 July 2010 00:00 |
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Norm Heikens, one of the editors for the Indianapolis Business Journal recently claimed that the role of a Notary Public is not in demand as much as it was in the past and, as such, the number of Notaries Public is declining rapidly. He quoted an attorney from the Indiana Secretary of State's office who indicated that the reason for the decline is progression of technology and less reliance on the postal mail for sending documents.
In California, the decline in the number of notaries has been similar -- 22% (65,000) since 2008. However, I disagree about the reasons for the decline. The decline has nothing to do with technology so much as it does with tighter background checks, liability and increased costs. With identity theft on the rise, the need for qualified and thorough notaries is more important than ever. In California, the requirements to become a Notary have become much more strict. We now have to pass both a state Department of Justice as well as an FBI background check. The costs associated with obtaining a commission are increasing, too. For some, the costs involve with being a notary are simply too high to remain in business.
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Tuesday, 15 June 2010 00:00 |
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The following Twitter update my attention the other day:
My reaction was the same. Seriously?
It's no secret that the general public doesn't fully understand the role of the Notary Public. The thing is, I've noticed that many also seem to think that it's an easy way to make money. It isn't. The tweet mentioned above is from someone in California, so that's why I chose it. My comments here are specific to California notaries, though some of the general details apply nationwide.
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