- Written by Neil Ghuman
My name is Neil Ghuman and I will be more than happy to be of service as your Public Notary. I preform this service as a volunteer for individuals (Free of Charge). You may also find me at various events through out Puget Sound volunteering my Notary Public duties.
The specific notarial acts which I may perform are the following:
- Taking an acknowledgement
- Witnessing or attesting signatures
- Administering oaths or affirmations
- Taking verification of oaths or affirmations
- Certifying or attesting a copy
- Receiving or noting a protest of a negotiable instrument
- Certifying an event has occurred or an act has been performed
For additional details on these acts, kindly click here. If the you are not sure of the classification in which your document(s) fit, I will gladly help. I ask that you bring a current government issued photo ID and a 2nd piece of identification during our appointment.
As a Washington State Public Notary, please note the prohibited notarial acts here.
Looking forward to serve your needs.
Taking an acknowledgement
RCW 42.45.010(1) and (8); RCW 42.45.030(1): RCW 42.45.140(1) and (2)
A notary who takes an acknowledgement confirms that the person before them was the signing party on a document that has already been signed. In this case, the notary has to confirm not that the document is being signed during the notarial act, but that the document was signed in the past and that the signing party before the notary was the signing party for the original signature.
It is important to note that an acknowledgement can be taken in either an individual or a representative capacity. These two acts have slightly different requirements, with the latter requiring additional information.
- Individual: For an individual acknowledgement, the signing party is confirming that they personally signed the document in the past.
- Representative: An individual may need to sign a record in a representative capacity, either for another individual (such as under a power of attorney) or on behalf of a business entity. For these acknowledgements, the representative must identify their title of authority and the party on behalf of whom the document is being acknowledged.
Witnessing or attesting signatures
RCW 42.45.010(8); RCW 42.45.030(3); RCW 42.45.140(4) Witnessing or attesting a signing party’s signature can be done in one of two ways: Witness the signature taking place, by having the signing party physically present to sign the document. If the document is already signed, then the signing party can have the signature attested instead, where the signing party signs a second time in the notary’s presence.
Administering oath or affirmation
RCW 42.45.010(8) Administering an oath or affirmation is by itself a simple process. The notary asks the swearing party to raise their right hand and either swear an oath or solemnly affirm that they will perform an action or uphold a specific standard based on the situation. For example, these are commonly used for swearing an official into office, where the new office-holder swears to uphold the standards of that office. This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of July 1, 2018. Page 16 Because taking an oath or affirmation is primarily a verbal act, there is no certificate associated with it.
Taking verification of an oath or affirmation
RCW 42.45.010(8); RCW 42.45.030(2); RCW 42.45.140(3) This notarial duty, also known as a “jurat,” is a combination of witnessing a signature and administering an oath. There are three steps that a notary will perform as part of this act: First, the signing party brings a written statement to the notary to be verified. Second, the notary has the signing party raise their hand and either swear an oath or solemnly affirm that the contents of the document are true. Finally, after the oath, the signing party signs the document in front of the notary
Certifying or attesting a copy
RCW 42.45.010(8); RCW 42.45.030(4); RCW 42.45.130(5) A notary who certifies or attests a copy of a document is verifying that the document in question is an exact copy of another document. The notary must compare the copy with the original document and determine that the copy is a full, true, and accurate transcription or reproduction of the original. The simplest way to ensure that the copy meets this standard is for the notary to make the copy themselves when possible. The notary, however, should avoid copying public documents that This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of July 1, 2018. Page 17 indicate that they should not be copied. Copies of these documents should be obtained ahead of time by the person requesting the certification.
Certifying or noting a protest of a negotiable instrument
RCW 42.45.010(8); RCW 42.45.030(5) As of July 1, 2018, a Washington notary is only allowed to certify and note protest of negotiable instruments under the direct supervision of a licensed attorney or a licensed financial institution such as a bank. This act requires specialized training and specific circumstances, so only notaries who are acting under the narrow circumstances permitted by statute duty should perform this act.
Certifying an event has occurred or an act has been performed
RCW 42.45.010(8); RCW 42.45.140(6); WAC 308-30-110 A notary may certify that an event has occurred or an act has been performed based on personal knowledge or “satisfactory evidence,” which often refers to the oath or affirmation of a credible witness personally known to the notary. When relying on the oath or affirmation of a witness, the act is very similar to performing a jurat, in that you will have the witness swear an oath or affirmation that the event occurred or the act was performed, then will have the signing party sign the document documenting that event or act. If the notary is relying on their own observations, they may skip this and simply notarize the document. Keep in mind that just like with a jurat, if a notary is relying on the oath or affirmation of a third party reliable witness, that reliable witness should be someone that the notary has a personal - enough connection such that they would be willing and able to testify to that relationship in court.
Prohibited Notarial Acts
All notaries must carefully and dutifully follow their state guidelines when executing notarial acts. Not only do state statutes and administrative rules define what notaries may legally do, they also define acts that notaries are prohibited from performing.
These prohibitions are designed to protect the public and help ensure the credibility and integrity of transactions involving notaries. All conscientious and law-abiding notaries will decline to proceed with a notarial act if asked or pressured to perform a prohibited act. While some customers view this as an inconvenience, they should instead appreciate the notary’s efforts to ensure a lawfully executed transaction.
Following are some of the more common prohibited acts.
• A notary cannot officiate if the document signer is not physically present. (Currently, Michigan, Minnesota, Montana, Texas and Virginia allow remote notarization, please see their states' Notary Public Administrators website for more information.)
• A notary cannot officiate if the document contains missing pages or blanks that should be complete at the time of notarization.
• The document cannot be dated later than the day of notarization.
• A notary cannot post-date a notarial certificate (his/her official statement at the end of the document), or date it earlier than the actual date of notarization.
• A notary cannot sign/seal a blank notarial certificate.
• A notary cannot proceed with notarization if the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification. (At this writing, California prohibits relying solely on personal knowledge – satisfactory evidence of identification MUST always be presented.)
• A notary cannot proceed if the document is not “original,” bearing the signer’s original, wet-ink signature (not a photocopy or fax of a signed document).
• A notary cannot proceed if the required notarial act is not indicated by the document, the signer or someone connected to the document.
• Notaries cannot authenticate or validate objects.
• Notaries cannot give advice or opinions that should be given by an attorney—this is unlicensed practice of law.
• A notary cannot advertise services in a foreign language without a disclaimer explaining that he/she is not an attorney.
• Notaries cannot translate the English words, “notary public” into any other language for purposes of advertising notarial services or for any other purpose.
• Notaries cannot sign with any name or initials other than the name or initials that appear on their official commission certificate issued by their state authority.
• A notary cannot proceed with notarization if the signer appears confused or mentally incapable of understanding the transaction.
• A notary cannot proceed with notarization if he/she is a named party in the transaction, or if he/she will derive a financial or material benefit. (This does not apply to employee notaries earning their regular salary.)
• A notary may not alter a notarial certificate after the notarial act is complete. (Generally, the notarial act is complete when the signer takes the document and leaves the notary’s presence.)
• A notary may not fill out a notarial certificate with information that the notary knows is false.
• A notary may not certify the accuracy of a translation. (The notary may take the oath of a person who swears the translation is accurate.)
• A notary may not proceed with notarization if he/she thinks or knows the transaction is illegal.
• A notary may not proceed with notarization in situations that may or will compromise the notary’s impartiality.
• The notary may not proceed with notarization when he/she is a signer of the document (notaries may not notarize their own signature).
- Written by Neil Ghuman
- Written by Neil Ghuman
- Written by Neil Ghuman
As the wiring rolls start to show up
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