Notarial Services

Step 1: Require personal appearance

Almost every state requires the signer to personally appear before you during the notarization.
That’s crucial because it helps protect your signer, your employer, anyone relying on the
notarization and you against potential fraud and liability.
Personal appearance allows you to complete other steps in a proper notarization.
Virginia and Montana permit Notaries to perform notarizations using audio and video
conferencing technology — via webcam.
Arkansas allows a Notary to notarize a document when the signer is not present under certain,
limited conditions.
Step 2: Scan over the document
You should always scan over the document for a number of important reasons:
To look for certificate wording that will tell you what type of notarization to perform.
To review the certificate wording to make sure it contains all the elements a Notary certificate
should have and that it conforms to the requirements of your state.
To check for blank spaces. Some states mandate there are no blanks on a document and other
states just strongly recommend it. Blank documents can be altered later in an attempt to commit
fraud.
Be sure to enter the date the notarization took place in the certificate wording.
To verify that the name on the ID supports the name in the document.
Scanning the document does not mean reading it for its details. You should just glance over it
sufficiently to get the information you need.
Step 3: Verify your signer’s identity and screen for willingness and awareness
Properly verifying your signer’s identity is the essential duty of every Notary. Every state
provides some direction as to how to identify your signer, and there are three general methods:
Personal knowledge, which means that you personally know the signer.
Identity documents, such as driver’s licenses, passports and other government-issued IDs.
Credible identifying witnesses who know the signer and can vouch for his or her identity.
California does not allow Notaries to rely on personal knowledge.
Identifying the signer is always required when you are taking an acknowledgment of a signature
and may be required when you perform a jurat, verification upon oath or affirmation or affidavit
as well; it’s also recommended when you certify a copy.
5 steps to a proper notarization infographic
At this point, make sure your signer is acting of their free will and is aware of what’s going on.
You can do this with small talk and basic questions. When it comes to a signer’s awareness, it’s
recommended that you simply make a layperson’s judgment about the signer’s ability to
understand what is happening.
And then take the signer’s acknowledgment, witness the signature, and/or take the oath or
affirmation as required by the notarial act.
Step 4: Record your journal entry
Most states either require or recommend Notaries maintain a record of all notarizations. A good
journal entry contains details of the notarization that are helpful in case a document or
notarization is called into question.
It’s generally a good idea to complete your journal entry before the notarization so you can make
sure to collect all the necessary elements of the record, including your signer’s signature.
Step 5: Complete the notarial certificate
If the document does not contain certificate wording, ask your signer what type of notarization is
required and then attach a separate, or loose, certificate. Many signers do not know what type of
notarization they need so you may describe the different types, but you may not make the
decision for the signer unless you are a licensed attorney. If your signer is still uncertain, he or
she should contact the issuing or receiving agency for instructions.
When completing the certificate, make sure all the details are correct. For example, the venue —
or location of the notarization, indicated by the words “State of … County of …” — should be
where you performed the notarization, not where the document was prepared or will be filed.
Finally, take care to sign and affix your seal properly. You should always sign exactly as your
name appears on your commission. Your seal should be close to your signature but should not
overlap any wording. The goal is to make everything legible. If you are in a state that does not
require you to use a seal, you may need to add your name and commission information in other
spaces below your signature.
A last note: Never give advice
Many signers will ask you for advice or assistance regarding their document. Unless you are an
attorney, you should always say no because it would be the unauthorized practice of law, and
you could be held liable.

Ethical Standards to be considered in Notarial Services

1. Notaries Public must be Lawyers and members of the Philippine Bar in good standing. Only
Lawyers can be Notaries Public in the Philippines.
2. Secretaries are not Notaries Public. Being a notary Public is not transferable and therefore any
document which was supposed to be notarized but however was notarized by only the secretary
maybe avoided. It is illegal even if the Secretary was working under the express authority of the
Notary Public.

3. A fake Notary Public maybe held liable for "Usurpation of Authority", "Estafa", among others
under the Revised Penal Code of the Philippines.
4. Prohibitions to be considered in Notarial Services
-  (a) A notary public shall not perform a notarial act outside his regular place of work or
business; provided, however, that on certain exceptional occasions or situations, a notarial act
may be performed at the request of the parties in the following sites located within his territorial
jurisdiction:
(1) public offices, convention halls, and similar places where oaths of office may be
administered;
(2) public function areas in hotels and similar places for the signing of instruments or
documents requiring notarization;
(3) hospitals and other medical institutions where a party to an instrument or document
is confined for treatment; and
(4) any place where a party to an instrument or document requiring notarization is
under detention.
(b) A person shall not perform a notarial act if the person involved as signatory to the instrument
or document -
(1) is not in the notary's presence personally at the time of the notarization; and
(2) is not personally known to the notary public or otherwise identified by the notary
public through competent evidence of identity as defined by these Rules.

5. Disqualifications in Notarial Services

A notary public is disqualified from performing a notarial act if he:
(a) is a party to the instrument or document that is to be notarized;
(b) will receive, as a direct or indirect result, any commission, fee, advantage, right, title, interest,
cash, property, or other consideration, except as provided by these Rules and by law; or
(c) is a spouse, common-law partner, ancestor, descendant, or relative by affinity or consanguinity of
the principal within the fourth civil degree.

6. Refusal to Notarize.
 A notary public shall not perform any notarial act described in these Rules for any person
requesting such an act even if he tenders the appropriate fee specified by these Rules if:
(a) the notary knows or has good reason to believe that the notarial act or transaction is unlawful or
immoral;
(b) the signatory shows a demeanor which engenders in the mind of the notary public reasonable
doubt as to the former's knowledge of the consequences of the transaction requiring a notarial act;
and
(c) in the notary's judgment, the signatory is not acting of his or her own free will.

7. False or Incomplete Certificate

A notary public shall not:
(a) execute a certificate containing information known or believed by the notary to be false.
(b) affix an official signature or seal on a notarial certificate that is incomplete.

8. Improper Instruments or Documents.

A notary public shall not notarize:
(a) a blank or incomplete instrument or document; or
(b) an instrument or document without appropriate notarial certification.

9. Prohibited Fees 
No fee or compensation of any kind, except those expressly prescribed and allowed herein, shall be
collected or received for any notarial service.
Oral and Written Legal Opinion

State the facts: The facts are the answers to the client’s questions. The facts should
answer the questions with a ‘yes’ or ‘no.’ Any fact that has not been supplied should not
be included in the narration. However, any natural interface or presumption you have
made from the facts must be included. Do not forget to mention that the interface or
presumptions are your personal opinions.

Analysis: For an easy analysis, first set out the provision of the law and the law itself.
After that, summarize the jurisdiction of the High Court or the Supreme Court over the
issue at hand. Cite all the extracts. For an ultimate opinion, chose precise extracts on
which to base your judgment. The analysis should include conditions necessary for a
positive or negative answer. Besides, advise the client on steps to take when they find
themselves in similar situations again. At this point, indicate to your client where they
stand in regards to the law applicable. To simplify the analysis process, number all
previous paragraphs. This will relieve you of the burden of repeating previously written
information.

Answer the query: To answer the query, you will rely on the fact and analysis sections.
The answers should be either ‘yes’ or ‘no’. However, when the monosyllabic answers
cannot apply, keep the answers short and to the point.

Usual disclaimers: Disclaimers can save you from being reported for malpractice if your
opinion is wrong. Under the disclaimer, write that the opinions provided are based on
the law as per the time of drafting the opinion. Moreover, indicate that the opinion is also
based on the documents and facts provided. List all the documents that the clients
provided for the sake of drafting the legal opinion.