Behind The Seal - The Worth of Notary Public Service
Tuesday, 15 June 2010 00:00

The following Twitter update my attention the other day:


Notary Tweet

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.

From the public perspective, it seems that all a notary has to do is use a rubber stamp and a pen. I can see why it seems offensive to be asked to pay up to $10 a signature for such a thing. I will admit to thinking the same way before I become a notary myself.

The problem, I quickly realized, is that the general public doesn't perceive the value of the service being rendered for them. I think if they did, they'd realize that the fees being charged are actually quite generous and are more of a public service that anything else. While the actual public act performed by a notary seems simple and effortless, what's important is what goes on behind the seal.

Notaries are public officials. We are appointed by the Secretary of State to act in a specific way in behalf of the people of the entire state. It is not a license or permission to operate - but a commission, a duty - a responsibility to uphold the law. We raise our hands and swear to perform our duties.  To be able to take that oath involves a lengthy and somewhat expensive and even invasive process. Example: A notary's business and residential address is considered public information and is available to the public if they properly request it from the Secretary of State. That's right, anyone can ask for a notary's home address because it's considered public information.

To become a notary (and every four years thereafter) we must complete a training class in notary law and procedures. Then, we must apply for our commission and pass a state exam. If we pass, we must then have our fingerprints taken, which are sent to both the California Dept. of Justice (DOJ) and the Federal Bureau of Investigation (FBI) for background checks.  Once approved, the Secretary of State sends us our commissions -- but that's only the beginning!

Within 30 days of receiving our commission, we must obtain a $15,000 bond and post it with our county clerk. We then take our oath of office and order our seals and supplies. The whole process can take from 2-6 months or more.

So, just to get started as a notary, let's look at the basic costs. Don't forget that these costs must be repeated EVERY four years, no exception.

•    $50 - $300 for  State mandated education  (this varies by vendor and course type)
•    $40 for the Exam/Application (If you fail the exam, you pay $20 each time you take it again)
•    $10 for the passport photo to attach to the application
•    $70-$80 for the Fingerprinting and Background Check requests to the DOJ and FBI
•    $40 for the $15,000 bond
•    $33-$80 (or more) to file the bond and oath with the County Clerk, the price varies by county
•    $60-$100 (or more) for legally required supplies like the seal, journal and thumb printer

From a basic perspective, that doesn't seem like much. The initial cost is about $300-$500 (or more) just to meet the minimum to become a notary.  There are also plenty of incidental expenses involved in order to meet government statutes and remain in compliance. Our journals and seal, for example, must remain in a locked container of some kind, such as a safe.

There's also something even a lot of notaries don't even realize, and it is a major issue for which I cannot assign a true price. Even though the job itself seems somewhat simple, there is a high degree of liability and responsibility on the notary's part that usually goes unseen. A notary plays a major role in preventing fraud by verifying identification and signatures of those who appear before them. Their responsibility is to the people of the State, and if they don't follow the statues outlined for them, they have failed in their duty to the people.

It is for this reason that many notaries purchase Errors and Omission insurance. Why? Our bonds are NOT insurance policies. Bonds are posted to protect the public, not the notary. If a claim is filed on the bond, the notary is responsible for paying it back. Also, there is no limit to damages that could occur. Just because the state requires a $15,000 bond doesn't mean notaries are capped at paying that much in damages if something happens. E&O insurance can help with that, as can general business liability insurance. The cost for these items varies greatly, but can be about $400 - $1,000 (or more) for a 4-year commission.

Now,  insurance will only go so far. In addition, we are subject to hefty fines, revocation of our commissions and even jail time for breaking the law or failing to perform properly. California has very strict rules for its' notaries, so failing in our duties may be a whole lot easier than one might think. Insurance policies often exclude acts that happen as a result of willful violations or negligence, even ignorant ones.

When one is a mobile notary, such as I am, there are a great many additional expenses involved, including all of the standard expenses of running a business such as (and certainly not limited to):

•    Business cards and other business and advertising literature
•    Vehicle fuel and maintenance
•    Telephone and other communications expenses
•    Association memberships and dues
•    Business licenses and taxes
•    General office supplies and equipment
•    Legal and financial advisors

At $10 each, a notary must perform HUNDREDS and HUNDREDS of notarizations before simply covering their costs. Many notaries are part-time may only handle 1-2 notarizations a week, if that. Clearly, they never manage to cover their expenses. They are not making ANY money at all. For those that work at it full-time, they need to not only cover expenses but make enough of a profit to support themselves. This is a very difficult, long process that involves a great deal of business savvy and determination - especially in certain industries where the notary is often looked upon as favorably as an IRS auditor.

To the individual who is having his/her signature notarized, this may seem like a necessary evil of some kind. In the end, though, our job is to help protect you from fraud and identity theft. $10 per signature is a small price to pay for that kind of protection, especially since most documents that are notarized involved significant transactions that are prime targets for identity thieves.

* $10 is the usual per signature fee for a notarization and is the maximum allowed by California law. This does not include travel or print fees that some mobile notaries may charge as part of their professional services.