So You Want To Be A Notary Public? – Obtaining your Commission (Part 2)

So You Want To Be A Notary Public? – Obtaining your Commission

In Part 1 of “So You Want To Be A Notary Public”, I discussed the required classes, that you must attend  either online or in person,  as well as the California state mandated test. After taking the 6 hour class and taking the test your next step is to…… wait….

The Wait….

The State of California doesn’t often get in too big of a hurry when processing the Notary Public tests. As such you may get your test results in 1 week or you might have to wait up to 1 month. In most cases you will receive your test results within about 10 business days and even faster if you provide the testing facility with your email address.

Unfortunately, while you’re waiting for your test results there isn’t much else you can do to help the Notary commission process move along. So wait you must.

The Big Day!

You’ll know that your test results are on their way when you start receiving Notary Public supply offers from various vendors in the mail. You will normally receive these materials the day *BEFORE* you receive your actual test results.

Selling Notary Public supplies is big business and there are no lack of vendors to choose from when buying your supplies – but we’ll talk about that a bit later (in part 3)…

The day has arrived and there it is, sitting in your mailbox – the non-descript white envelope from the California Secretary of State with your Notary Public test results.

Congratulations! You’ve passed the Notary Public Exam and now it’s time to get your background check completed.

Along with the test results will be instructions on where to obtain the Live Scan Form for your background check. You’ll need to print out the Live Scan Form and locate a finger print “rolling location” near you. Many local police or sheriff stations offer Live Scan services and many offer or require an appointment.

I suggest obtaining an appointment as many of the Live Scan locations have limited hours and tend to get very busy with walk-in traffic.

What does the background check cost?

To complete your Notary Public background check, you will need both a State of California and a Federal (FBI) background check. You’ll pay a separate fee for each of these checks. In addition, each Live Scan location may charge a service fee for providing the fingerprinting service.

As of early 2011 when I last has my background check completed the fees were as follows:

• State of California Fee:  $32.00
• Federal / FBI Fee:  $19.00
• Fingerprint Service Fee:  $20.00
• Total Fee: $71.00

After completing your finger printing, you’ll again get to wait while the background checks are completed. This too will take about 10 business days on average, before your results will be forwarded to the California Secretary of State.

Once the Secretary of State has received and reviewed you fingerprint / background check results they will forward your Notary Public Commission to you in the mail.

In the next installment of  “So You Want To Be A Notary Public”, I’ll show you how to complete the application process and give you some tips on how to get your business off to a quick start.

Stay tuned…

FAQ: How do I verify that my Notary Public holds an active commission in California?

FAQ: How do I verify that my Notary Public holds an active commission in California?

Since the act of impersonating a Notary Public is considered an act of fraud and is a felony offense, it’s fairly unlikely that you’ll run into a Notary Public who is operating without a current and valid commission. However, you may still wish to know that the Notary Public you’re working with holds an active commission, which county his or her bond is filed in or maybe you just want to know when their commission expires.

Where do I get a document stamped with a Medallion Signature Guarantee?

Where do I get a document stamped with a Medallion Signature Guarantee?

Today I received a call from one of my regular clients who was asking if I could provide a Medallion Signature Guarantee stamp on a document for him. It’s fairly common for people to assume that because a “stamp” is required, they should turn to a Notary Public for help. But there are significant differences between the two processes…

FAQ: Can you notarize my pictures?

FAQ: Can you notarize my pictures?

From time to time I get requests to notarize one or more sets of pictures. Often times this relates to documents being sent overseas for immigration or adoption purposes. While in other countries notarizing pictures may be a common practice, in the State of California it is not allowed. As a California Notary Public I am only able to notarize signatures, not “things” (such as pictures).

However, there is an acceptable way of handling this problem that will not only solve the client’s needs, but will still stay within the guidelines set forth by the Secretary of State in California.

Notario Publico?

Notario Publico?

A Notary Public in California is forbidden from using the term “Notario Publico” or “Notario” in describing their services. In some countries the services of a Notary Public are synonymous with that of an Attorney – someone who can render legal advice. However, in California a Notary Public is not by default an attorney, and must be careful never to render legal advice. While it is possible that your attorney is a Notary Public, you should not assume this to be the case.

If a Notary Public in California is caught advertising using either Notario Publico or Notario, they are subject to having their Notary Public Commission revoked for 1 year on the first offense and permanently revoked upon the second offense. Because the consequences are so severe, you should never see a Notary Public in California using these terms.

This is not to say that the Notary Public can not notarize documents in Spanish or a language other than English. There is no problem with a California Notary Public notarizing a document written completely in Spanish or any other language. Nor does the Notary Public need to read or understand the language the document is written in. You may present a document written in any language to California Notary Public for notarization, provided that you can truthfully indicate to the notary that the document is complete.

If you ever have questions about the legality of any action or advice given by a California Notary Public you should contact the Secretary of State Department who is responsible for the commissioning of all Notary Publics. The Secretary of State  maintains an informational website at http://www.sos.ca.gov/business/notary/

Stop! Don’t Notarize that Will

Stop! Don’t Notarize that Will

Thinking about death isn’t such a pleasant thing – but being prepared for it is. Part of that process is making sure that you have an updated and accurate Last Will and Testament. Because there are many legal resources available online for low or no-cost many people will choose to prepare their own Will and Testament to save a few dollars, rather than paying an attorney. It seems like the obvious thing to do, once the Will is complete, it should be taken to a Notary Public so that it can be notarized to “prove” the intentions of the signer.

As part of the comprehensive training that all California Notary Public’s go through now, I will ask you to seek the council of an estate planning attorney before requesting me to notarize your Will. An improperly created Will that is notarized can in face be null and void.  While I can not provide you with ANY legal advice, I will only notarize your Will if you give me specific directions that your attorney has instructed you to do so. If you seek to have your Will notarized, you should be able to provide your notary with the name, address and phone number of the attorney who advised you to seek notarization of your Will. Only then should a California Notary Public proceed with the notarization process of your Last Will and Testament.

Even Attorney’s Need A Notary Sometimes

Even Attorney’s Need A Notary Sometimes

Today was a busy day – my phone kept  ringing off the hook with folks looking for a notary to come help them with their documents. It’s like that a lot in the mobile notary business – when it rains it pours! I’m not sure why this is – perhaps everyone was trying to finish up all their outstanding business before heading out to enjoy the 4th of July Holiday weekend?  But what ever the case – I always try to help as many clients as I possibly can.

My New Notary Public Commission Has Arrived

My New Notary Public Commission Has Arrived

Today I received an unexpected treat from Debra Bowen, the California Secretary of State – my brand new notary public commission and stamp manufacturing approval form!

Unexpected Surprise

As I wrote back in my May 28th blog entry, I really did not expect to receive my new commission until at least the first week in September at the earliest. Because of all the current financial wrangling that is going on in Sacramento, with budget cuts left and right, the Secretary of State department had indicated that it was up to 4 months behind in processing Notary Public applications and renewals. Kudos to the folks in Sacramento who are keeping things moving in these tough economic times.

California Requires Expanded Background Checks for Notary Public

California Requires Expanded Background Checks for Notary Public

All applicants appointed or reappointed as a notary public on or after January 1, 2008, must undergo a background check by the Federal Bureau of Investigation as well as the California Department of Justice.

In response to a massive increase in loan fraud, the State of California has implemented a number new requirements for commissioning of new and renewing California Notary Public agents.

As a previously commissioned California Notary Public, I am currently working my way through renewing my commission. As part of this process I now must submit to two finger print back ground checks as well as providing passport photos for my application.

Notary Requirements

This along with increased education requirements, should improve the overall integrity and effectiveness of all of the state’s Notary Public agents.