Most people don’t realize that there are different types of Notaries:
Notary Public: The notary public’s job is to legally verify the identity of a person signing a document. These document normally require the identity certification of a third person to be executed. Notaries public are not responsible for reviewing the content of the paperwork or determining its legality. When the Notary applies their embossed seal to the bottom of the document, it is only for verification purposes.
Notary Signing Agent: A notary signing agent has more involvement with the execution of documents related to real estate. This person goes over the entire loan package paperwork with the homebuyers who are obtaining a mortgage loan. The Notary Signing Agent ensures that all signatures are present and in the right place on all documents before they can notarize the document. A Notary Public can go on to become a Notary Signing Agent by achieving additional certifications.
Civil-Law Notaries (or Latin notaries): are lawyers of private civil law who draft, take, and record legal documents for private or corporate parties. They provide limited legal advice, and give attendance in person, and are vested as public officers with the appointed and regulated power of the State in which they operate.
Notaire: The Notaire is the public official responsible for receiving all the "actes" and contracts to which the legal parties wish to receive the seal of the Notary’s authenticity. They are to assure their date, to hold them in trust, and to deliver authentic copies of the proposed parties.
A Notary Public is a servant of the public. They must accept any and all Notary Public document work given to them. They may only charge the maximum amount that their state authorizes.
There are some odd exceptions to the above rule that a Notary must accept all work from the public. Employee notaries are regular notaries who's boss paid for their training, commission, seal, journal, and any other fees. They are only allowed to notarize for those persons who their employer authorizes them to. Their boss may also inspect their journal whenever they want to. Public employee notaries may not be allowed to take their seal and journal home to do independent notary work. There are also military base notaries who may only notarize on the government owned base. So a Notary Public is not necessarily as “public” as the name may suggest.
All Notaries (of all types) should purchase a good Errors and Omissions Insurance Policy (aka E&O Policy) to protect their businesses. At ACE Financial Group Ltd, we understand that the Notary Public has a difficult job balancing state requirements and customers requests. We are here with an E&O Policy to protect you and your business as you faithfully and dutifully conduct your business with the best of intentions. In our litigious society, you don’t want to risk everything you’ve worked for in building your business, to the trappings of legalistic red tape and the bureaucracy of state regulations and jurisdictions. Every Notary faces the threat of; fraudulent misrepresentation, manipulation of legal documents, lack of proper documentation, official and criminal misconduct, forgery, false statements, and the criminal liability of civil and criminal legal actions. Protect your business with a simple Errors and Omissions Policy from ACE Financial today! Getting your E&O Quote is simple. Just click on the link below.