Friday, June 27, 2008

REPRODUCIBLE NOTARY SEAL MUST BE USED BY ALL VA NOTARIES AS OF JULY 1, 2008

AS OF JULY 1,2008, ALL VA NOTARIES MUST USE A REPRODUCIBLE SEAL WITH NAME, APPOINTMENT NUMBER & COMMISSION EXPIRATION DATE. THIS IS A MAJOR DEVELOPMENT SINCE VA HAS NOT REQUIRED A SEAL IN THE PAST. THIS IS A MAJOR REASON TO KEEP YOUR NOTARY SEALS UNDER LOCK!!!!! Visit my web site http://Stephenhhoffman.vpweb.com

Thursday, June 26, 2008

Important Changes For All VA Notaries To Know

"Here are some important changes in Virginia law that will be effective July 1, 2008:
• You may notarize a document without the notarial certificate being on the same page as the signature(s) being notarized, however the notarial certificate must include the name(s) of each person whose signature is being notarized.
• You must now affix a sharp, legible, permanent, and photographically reproducible image of the official seal near the notary’s official signature on the notarial certificate on a paper document" There are now significant criminal consequences for both notaries and supervisors of notaries for criminal misconduct!!!!!

Monday, June 16, 2008

Are Court Reporters going to become antiques?

In order to answer this question one needs to briefly point out that the slide rule became obsolete when the hand calculator arrived in 1975. As computers become smaller, the electronic calculator will become antiques. Depositions can now be taken electronically with a microphone attached to a laptop and electronic recorder is used as a backup if the laptop malfunctions. A notary administers the witnesses oath. Software exits that put the sound into printed word. As the older judges get replaced by more savy technology judges, only the notary public will necessary. No court reporters needed.

Sunday, June 15, 2008

Can a newly appointed notarize without a seal stamp?

A newly appointed VA notary told me he could not notarize any documents because he had not ordered his stamp. After July 1 2008,Va Notaries are now required to have reproducible seals. If a notary does notarize, the notary must sign the document,state clearly whether the notary did a jurat or acknowledgement,check the client's government photo id,determine if the client is cognisant of the document's content, write down the notary's commission expiration date, write down the location of the notarization (county or town Commonwealth of VA), write down the notary appointment number on the document, write down the date of the notarization, most important, the notary client needs to sign the document in the presence of the notary!!!!!!!!!!!!!It is highly recommended you have the client sign your notary book first and record the type of government photo id presented. You are required to have a notary seal asof July1, 2008 . If the client does not have a government photo ID, read my blog entry "No ID No Notarization?".

Monday, June 9, 2008

Changes in VA Notary Law effective July 1,2008

VA Notary Public class eNews is reporting the following:2008 Changes In Virginia Notary Law
Several changes will go into effect July 1, 2008

Notaries will not receive individual notifications of this year's changes. The changes will be posted to the Notary Registration Home Page at the end of June. courthouse

Expect to see changes in the following:

Notary application - the recommendation process is changing.

Loose certificate change - Currently notaries are required to notarize on the same page as the signer. Effective July 1, 2008 : The law says under prohibitions: Notarize a signature on a document without notarial certificate wording on the same page as the signature unless the notarial certificate includes the name of each person whose signature is being notarized.

Saturday, June 7, 2008

Meeting other states requirements?

Only the Commonwealth of VA sets the standards of notarization in Virginia. No, VA notaries do not need to meet the requirement of other states. Va Notaries need to comply with the newest VA notary Hand Book available on line; a reproducible seal is now required as July 1, 2008!!!!!!!

Tuesday, June 3, 2008

When should a notary flee from an assignment?

The notary should flee from an assignment when any overt or direct threat is made to notarize a document. If the document signer has signed the document and left before you arrive, you need to flee the assignment. If the proposed signed is impaired or there is any indication of fraud, the notary needs to flee the assignment. While conducting a deposition, you need to pack up and flee if there is a direct threat against you. If you think the deposition might get out of had, arrange for security to monitor the deposition. If someone exhibits offensive behavior based on race, gender, religious orientation, disability, or age, do not respond but you can take notes; be prepared to leave. Do not confront the person. The notary is not John Wayne or Judge Judy. Respective counsel have sole responsibility to report offensive conduct to the judge or administrative law judge supervising the case.

Jurat vs Deposition The Role of Notary

By administering the oath to a client, you are establishing the fact that the client was sworn in while affirming the truthfulness of the document.If you have any questions on the truthfulness of the proposed signer, you are obligated not to proceed. Intentionally doing a jurat when you believe the document is false could make you a target for the pit bulls with law licenses (federal prosecutors). Administering the oath during a deposition does not create that liability. The witness can proceed to say the earth is flat, the moon is made of cheese and martians are living in his woodpile at his house. The notary is not Judge Judy, Raymond Burr, Dick Tracy, or John Wayne. The sole responsibility is the respective counsel to deal with witness conduct

Monday, June 2, 2008

Role of VA Notary in Depositions

The VA notary is neutral person administering the oath, turning the recording machine on and off, writing down starts and stops. The notary is not Judge Judy, Perry Mason, John Wayne, or Raymond Burr. If one of the parties is frustrating the notary by making it very difficult for the notary to get into a building controlled by the party, it is the sole responsibility of the other party to notify the administrative judge of this matter!!!!!