Sunday, August 19, 2012
Non Party Witness or Defendaant
A person who is neither a defendant or plaintiff is a non party witness when called to a Federal Court case and enjoys some protection under Rule 12 from excessive behavior from Counsel of Defendant or Plaintiff. A notary was given a subpoena for a deposition where the Plaintiff was suing several defendants for ten million dollars over an adoption case where the child was taken from VA to Utah. According to the notary the original subpoena was overreaching. However, the Defendant's attorney got to see some of the overreaching material but got only to keep notary journal entries regarding the adoption case.All the attorneys got to see the 2008 VA notary Handbook since the notarization occurred in early 2009. The case never went to trial since the parties entered in to a sealed agreement. It is strongly recommended that a notary under subpoena bring a lawyer to any deposition since you have no idea if you are dealing with dolphins with law degree or sharks or pit bulls with law degrees. Furthermore, the notary can be intimidated if the testimony could result a substantial prison sentence for one or more of the parties after the civil procedure has been resolved. All VA notaries must remember, the former mayor of Detroit went to Federal and State Prison because he lied to a Michigan notary. VA notaries are required to fully co-operate with all criminal investigators.A sealed civil settlement does not preclude a criminal investigation.
When a VA notary is served with bill of complaint alleging errors, the notary should notify the insurance company immediately to obtain counsel. This is another reason to carry insurance and maintain a notary journal even though VA does require notaries to have one.
Thursday, July 5, 2012
Official terms of Copy Certification
From VA Notary Handbook
"Copy certification" means a notarial act in which a notary (i) is presented with a document that is not a public record; (ii) copies or supervises the copying of the document using a photographic or electronic copying process; (iii) compares the document to the copy; and (iv) determines that the copy is accurate and
complete.
I interpret this to mean that the notary supervises the copying or does the copying I will not notarize exact copy of documents made by client when I am not present. Furthermore, Va notaries can not make copy certification of birth certificates, death certificates, marriage certificates or documents issued by courts since these all have keeper of record issues.
Tuesday, January 3, 2012
VA Electronic Notaries Perform Notary Acts VIA Video
Today, Iowa Secretary of State Matt Schultz issued a statement of warning about a new Virginia state law regarding notary publics. Virginia Governor Bob McDonnell signed House File 2318, which allows Virginia notaries to perform notarial acts via video and audio technology without the signer of the electronic document being physically present before the notary public in Virginia.
Secretary Schultz said, "As Secretary of State with responsibility over the notary process in Iowa, it is my job to duly inform the public that this law puts them at risk. Under this new law, Iowans using the online notary subject themselves to Virginia law and any court challenge of the notary actions would require action in Virginia. With over 55,000 Iowa notaries, it's never been easier to use the notary process in Iowa and there is no need to take the risk associated with this Virginia law."
Secretary Schultz said, "As Secretary of State with responsibility over the notary process in Iowa, it is my job to duly inform the public that this law puts them at risk. Under this new law, Iowans using the online notary subject themselves to Virginia law and any court challenge of the notary actions would require action in Virginia. With over 55,000 Iowa notaries, it's never been easier to use the notary process in Iowa and there is no need to take the risk associated with this Virginia law."
Monday, January 2, 2012
VA Notaries are not employees of the Commonwealth of VA
Va notaries are appointed by the Governor of VA for a four year term. Va notaries are not employees of the Commonwealth of VA and contrary to the suggestion of an Arlington County resident, do not receive a salary. Va notaries receive up to $5.00 per notary act and negotiate the travel with client. Some notaries have places that they will visit for a set amount.
Sunday, October 16, 2011
A Unique to a Solution of No Picture ID
A notary may notarize a person who is known to the notary. Unfortunately, the person was not known to me but well known to another person. Technically, I could have sworn the the other person since I know this other person very well.I elected another option. The other person will become a VA notary and his first assignment will be to notarize his good friend who he has known for several years. I will be assisting him on his first notarization.
Bus Company Gets a New Bus
VA DMV does not require notarization of sale of a vehicle unless it is a gift transaction or the price is below book value. However, private companies may require proof of delivery of a bus. In my recent experience both delivery agent and company representative had to do a jurat on a document certifying delivery of the new bus.
Wednesday, September 21, 2011
Urgent Message on Web cam notarization from AAN
Steps to Proper Notarization
Official Statements on Webcam Notarization
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In January 2011, rumors that a new website had been established to provide online notarization services surged through notary forums and email lists. The American Association of Notaries (AAN) received emails that expressed concerns regarding this type of notarization process.
The site, which the AAN will not name, claimed that a citizen could receive instant notarization services if he or she had access to a webcam. The webcam would provide an opportunity for a video conference session between the citizen who needed notary services and a notary. According to the site, once the video conference was established and the citizen was “connected” to a notary, he or she would receive “legal” notary services.
According to promotional press releases that were published subsequently, a signer would go to the address of the website and create an account. The identification of the signer would be conclusively established during the account set up. To do so, the site’s attendant would ask a series of questions that were based on public records. Theoretically, the answers to the questions were known only by the signer.
Once the signer’s identity was established satisfactorily, the signer would transmit the document to the site’s waiting notary, sign the document using his or her computer mouse, and the notary would electronically notarize the document.
The site and press releases also mentioned that the notary’s computer captured the transaction and the signer’s face on video and that the connections over which the transaction took place were “secure.” The fee for the notarization service was stated to be $14.99.
Notaries’ Concerns
Emails from notaries and attorneys appeared in our inbox and they all covered one or more of six concerns:
-A webcam appearance is not the same as personal appearance. Notaries said that there is no certain way to identify a person through a camera. Some notaries suggested that signers could be forced to sign the document by someone off camera.
-The notary did not have an opportunity to view the original ID documents and that asking questions did not fulfill ID requirements. They felt strongly that using information from public records was not a lawful method of identifying a signer. Some mentioned that “public records” are available to the public, so they did not believe that the question/answer method could be a conclusive method of identifying a signer. Further, even though the notarization was conducted over a “secure” connection and was recorded, these measures would do little to stop a fraudulent transaction.
-The website’s stated fee of $14.99 was higher than any state allows for a notary act. The emails were accurate; there is no state in the union that allows a notary to charge $14.99 for a single notarization.
- Electronic notarization is not the appropriate method for all situations. Electronic notarization cannot be used in a transaction in which the recipient needs a wet ink signature. For instance, one cannot sign a deed electronically if the recipient or the clerk’s office does not have the software to verify that the deed has been signed by a certain person and a certain notary. Printed copies of electronic notarizations look like copies; it is quite possible that the notarization would be useless for the recipient.
-The issue of stated venue. Would the venue on the notary certificate be the venue of the notary or the venue of the signer? If a notary from New Jersey, for instance, notarized a document for a signer in Florida, what would the venue say? Since there are no laws in effect to allow webcam notarizations, it is impossible to determine which location is correct for the notary’s certificate.
- No state has laws in effect that allow webcam notarizations. Would such a notarization be valid if this type of notarization was challenged and determined in the future to be illegal? If one of the online notarizations was attached to a document that became the subject of a lawsuit, would the notarization be voided once the court learned the method of notarization?
Official Decisions from States
When concerned notaries contacted their notary public administrators’ offices, several strongly responded to discourage notarization through the use of webcams. One state even used the phrase “scam alert,” and another state said that the information that was published on the webcam notarization website was “misleading.” The AAN is aware of the following states that have made public statements about online notarization through the use of webcam:
CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."
FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)
NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."
NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."
RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."
OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.
If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."
OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon. "A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."
TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)
WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."
Virginia’s Laws on Video Conferencing
Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.
VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."
After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."
The AAN’s Position
The AAN does not take positions on matters that are of a legal nature. We support the decisions and rules of the states’ commissioning offices.
To determine whether or not webcam notarization is legal in your state, please contact your notary public administrator. You may refer to this article in your inquiry as long as the article is referred to in its entirety and credit is given to its source.
Official Statements on Webcam Notarization
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In January 2011, rumors that a new website had been established to provide online notarization services surged through notary forums and email lists. The American Association of Notaries (AAN) received emails that expressed concerns regarding this type of notarization process.
The site, which the AAN will not name, claimed that a citizen could receive instant notarization services if he or she had access to a webcam. The webcam would provide an opportunity for a video conference session between the citizen who needed notary services and a notary. According to the site, once the video conference was established and the citizen was “connected” to a notary, he or she would receive “legal” notary services.
According to promotional press releases that were published subsequently, a signer would go to the address of the website and create an account. The identification of the signer would be conclusively established during the account set up. To do so, the site’s attendant would ask a series of questions that were based on public records. Theoretically, the answers to the questions were known only by the signer.
Once the signer’s identity was established satisfactorily, the signer would transmit the document to the site’s waiting notary, sign the document using his or her computer mouse, and the notary would electronically notarize the document.
The site and press releases also mentioned that the notary’s computer captured the transaction and the signer’s face on video and that the connections over which the transaction took place were “secure.” The fee for the notarization service was stated to be $14.99.
Notaries’ Concerns
Emails from notaries and attorneys appeared in our inbox and they all covered one or more of six concerns:
-A webcam appearance is not the same as personal appearance. Notaries said that there is no certain way to identify a person through a camera. Some notaries suggested that signers could be forced to sign the document by someone off camera.
-The notary did not have an opportunity to view the original ID documents and that asking questions did not fulfill ID requirements. They felt strongly that using information from public records was not a lawful method of identifying a signer. Some mentioned that “public records” are available to the public, so they did not believe that the question/answer method could be a conclusive method of identifying a signer. Further, even though the notarization was conducted over a “secure” connection and was recorded, these measures would do little to stop a fraudulent transaction.
-The website’s stated fee of $14.99 was higher than any state allows for a notary act. The emails were accurate; there is no state in the union that allows a notary to charge $14.99 for a single notarization.
- Electronic notarization is not the appropriate method for all situations. Electronic notarization cannot be used in a transaction in which the recipient needs a wet ink signature. For instance, one cannot sign a deed electronically if the recipient or the clerk’s office does not have the software to verify that the deed has been signed by a certain person and a certain notary. Printed copies of electronic notarizations look like copies; it is quite possible that the notarization would be useless for the recipient.
-The issue of stated venue. Would the venue on the notary certificate be the venue of the notary or the venue of the signer? If a notary from New Jersey, for instance, notarized a document for a signer in Florida, what would the venue say? Since there are no laws in effect to allow webcam notarizations, it is impossible to determine which location is correct for the notary’s certificate.
- No state has laws in effect that allow webcam notarizations. Would such a notarization be valid if this type of notarization was challenged and determined in the future to be illegal? If one of the online notarizations was attached to a document that became the subject of a lawsuit, would the notarization be voided once the court learned the method of notarization?
Official Decisions from States
When concerned notaries contacted their notary public administrators’ offices, several strongly responded to discourage notarization through the use of webcams. One state even used the phrase “scam alert,” and another state said that the information that was published on the webcam notarization website was “misleading.” The AAN is aware of the following states that have made public statements about online notarization through the use of webcam:
CALIFORNIA (March 2011)
"Online webcam notarization is invalid and illegal in the State of California. A private company claims to have the first online notarization website and has sent misleading information and made false claims to California notaries public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a notary public. Appearance via webcam does not meet the requirements for notarization in California...."
FLORIDA (May 2011)
"Thank you for contacting the Governor’s Notary Section. The physical presence requirement at the time of notarization is still in effect per section 117.107(9), Florida Statutes and there are no exceptions to the presence requirement. " (Via email.)
NEVADA (JULY 2011)
"Customer Alert: Online webcam notarizations are not permitted in the State of Nevada. A person seeking a notarization is required to personally appear before a notary public and sign the document in the presence of the notary. Appearance via a webcam or other electronic medium such as Skype does not meet Nevada’s law governing personal appearance. Please be aware of any online notarization service being offered by a private company..."
NEW JERSEY (July 2011)
"NOTICE Concerning Online Notary Services Utilizing a Web Cam or other Video Equipment: The Division of Revenue requested legal guidance concerning the practice of online notarization services utilizing a webcam or other video in lieu of a personal appearance in front of a valid New Jersey Notary. It has been determined that New Jersey’s statutes do not allow for this type of notarization."
RHODE ISLAND (June 2011)
"ALERT - Please be advised that pursuant to state law, all Notary Publics authorized to by his Excellency the Governor, may exercise said powers 'within this state'. An individual completing an acknowledgment must do so "before" a person authorized to take acknowledgments under Rhode Island law, including Notaries Public. The Governor of the State of Rhode Island and the Rhode Island Secretary of State have further set forth, by Executive Order, the requirement that the person completing an acknowledgment or seeking other services from the Notary Public must 'appear in person' before the Notary Public. Other electronic means of appearance, such as web cam and Skype, do not comply with the requirements of state law and the Executive Order."
OHIO (July 2011)
"Scam alert: Online Notarization. Online webcam notarization” is invalid in Ohio, but at least one company is claiming to provide a web-based notary service to consumers throughout the U.S. Under Ohio law, if you need to get a document notarized to verify your signature on the document, you must be physically present with the notary public at the time you sign the document.
If you are not physically present (in person) with the notary public at the time of signing, the notarization is invalid and the document itself may become invalid..."
OREGON (July 2011)
ONLINE WEBCAM NOTARIZATION is invalid and illegal in the State of Oregon. "A private company claims to have the first online notarization website and has false claims concerning a new online notarization service...It is important that Oregon notaries do not participate in this scheme. Clearly, Oregon notaries public who notarize in this fashion are breaking the law, and are subject to administrative and possibly criminal and civil sanctions. It is unclear if notarizations of Oregon citizens done remotely by notaries that are not in Oregon will be upheld in court."
TEXAS (Jan 13, 2011)
"Thank you for bringing this to our attention. Performing a notarization without the signer personally appearing before the notary at the time of the notarization is a Prohibited Act. It is specifically cited as good cause for taking disciplinary action against your notary commission. Tex. Gov’t Code Ann. § 406.009; 1 Tex. Admin. Code § 87.11(a)(16). Appearance by webcam or video conference is not personal appearance. Personal appearance means physically appearing in the presence of the notary." (Via email.)
WISCONSIN (May 2011)
"...Online webcam notarization is invalid and illegal in the State of Wisconsin. A private company claims to have the first online notarization website and has sent misleading information and made false claims to Wisconsin Notaries Public concerning a new online notarization service. The web-based platform purports to allow a person to submit copies of identification over the Internet and to use a webcam in lieu of a personal appearance in front of a Notary Public. Appearance via webcam does not meet the requirements for notarization in Wisconsin..."
Virginia’s Laws on Video Conferencing
Virginia lawmakers recently wrote laws regarding electronic notarization through the use of video conferencing, but the laws are not in effect.
VIRGINIA (March 2011)
"Still NOT lawful in 2011... the provisions of this act relating to the use of video and audio conference technology shall become effective JULY 1, 2012..."
After July 1, 2012, the ID methods described are very strict according to the new law: "(i). In the case of an electronic notarization, 'satisfactory evidence of identity' may be based on video and audio conference technology, in accordance with the standards for electronic video and audio communications set out in subdivisions B 1, B 2, and B 3 of § 19.2-3.1, that permits the notary to communicate with and identify the principal at the time of the notarial act, provided that such identification is confirmed by (a) personal knowledge, (b) an antecedent in-person identity proofing process in accordance with the specifications of the Federal Bridge Certification Authority, or (c) a valid digital certificate accessed by biometric data or by use of an interoperable Personal Identity Verification card that is designed, issued, and managed in accordance with the specifications published by the National Institute of Standards and Technology in Federal Information Processing Standards Publication 201-1, "Personal Identity Verification (PIV) of Federal Employees and Contractors," and supplements thereto or revisions thereof."
The AAN’s Position
The AAN does not take positions on matters that are of a legal nature. We support the decisions and rules of the states’ commissioning offices.
To determine whether or not webcam notarization is legal in your state, please contact your notary public administrator. You may refer to this article in your inquiry as long as the article is referred to in its entirety and credit is given to its source.
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