ELOUISIANANOTARY

Common Notary Mistakes to Avoid

Learn from others' errors and protect your commission

❌ Mistake #1: Notarizing Without Proper ID

Accepting expired IDs, photocopies, or IDs that don't match the signer.

✓ Do This Instead: Always require current, government-issued photo ID. Verify the name matches the document exactly. If in doubt, refuse the notarization.

❌ Mistake #2: Notarizing Incomplete Documents

Notarizing documents with blank spaces, missing dates, or incomplete information.

✓ Do This Instead: Review entire document before notarizing. All blanks should be filled in or lined through. Never notarize a document the signer hasn't completed.

❌ Mistake #3: Signer Not Present

Notarizing a signature that was made before the signer appeared, or notarizing for someone not physically (or virtually for RON) present.

✓ Do This Instead: The signer MUST sign in your presence. For RON, they must be visible on camera during the entire signing. No exceptions.

❌ Mistake #4: Giving Legal Advice

Explaining what a document means, recommending whether to sign, or helping fill out legal forms.

✓ Do This Instead: Stick to your role as a notary. If asked legal questions, advise the signer to consult an attorney. You verify identity and witness signatures—nothing more.

❌ Mistake #5: Failing to Keep Proper Records

Not maintaining a journal, incomplete entries, or not storing RON recordings properly.

✓ Do This Instead: Record every notarization in your journal immediately. For RON, store recordings securely for minimum 5 years. Back up everything.

❌ Mistake #6: Using Wrong Certificate

Using an acknowledgment when a jurat is required, or vice versa.

✓ Do This Instead: Know the difference. Acknowledgment = signer confirms they signed voluntarily. Jurat = signer swears/affirms content is true (requires oath). When unsure, ask who prepared the document.

❌ Mistake #7: Notarizing for Family Members

Notarizing documents where you have a personal or financial interest.

✓ Do This Instead: In Louisiana, you cannot notarize for yourself or transactions where you benefit. Avoid notarizing for immediate family to prevent any appearance of impropriety.

❌ Mistake #8: Backdating Documents

Putting a date other than the actual date of notarization.

✓ Do This Instead: NEVER backdate. The notarization date must be the actual date you performed the act. This is fraud and can result in criminal charges.

❌ Mistake #9: Ignoring Signs of Coercion

Proceeding when the signer seems pressured, confused, or unwilling.

✓ Do This Instead: Trust your instincts. If something feels wrong, stop. Ask the signer directly if they're signing willingly. You have the right—and duty—to refuse.

❌ Mistake #10: Expired Commission

Performing notarizations after your commission has expired.

✓ Do This Instead: Set calendar reminders 90, 60, and 30 days before expiration. Apply for renewal early. Never notarize even one day after expiration.

🛡️ PROTECT YOURSELF

• When in doubt, don't notarize
• Document everything in your journal
• Maintain E&O insurance
• Stay current on Louisiana notary law changes
• Take continuing education courses regularly