When running the business today, signing the contract, or doing anything similar, it is best to have someone to witness the formation of a contract, to witness the signature. That is the purpose of a notary. Without one, a business contract could be exposed to all kinds of scams or frauds which could cause some serious problems to the company. However, the person that is legally authorized to be present in such contracts does not mean that they cannot make mistakes. In fact, there are some common notary mistakes that can lead to major legal problems.
As a business owner, you are not entitled to repair the problems that a notary has caused, but if you do not want your company to be put at any kind of risk, maybe you should consider all those common mistakes that are made by these kinds of people. Once you are aware of these mistakes, maybe you could do something to prevent them.
By doing this, you will ensure the legitimacy of the contract and you will also make sure that your company is legally safe and all of this. To help you with that, I decided to write this article and tell you about those several common mistakes.
1. Ignoring the most important requirements
A notary has a certain set of laws and rules they must follow at all times. If they ever deviate from this path of hundreds of regulations, they could end up creating an unnecessary amount of legal problems for both parties of a contract or whatever else it is.
One of the most common requirements that notaries failed to understand is the fact that the signer must be physically present during that formation of an agreement or contract. If only one party signs it, the process has not been finished.
Unfortunately, this is a very commonly made mistake which is very illegal. Notarizing anything without the presence of both of these parties and both of their agreements, a notary is legally bound not to confirm this agreement/contract. Doing the opposite is against the law and could to serious issues and maybe even jail.
In other words, this process cannot be done over the Internet or through the phone. Physical presence from all three people is mandatory.
So, if you notice that a notary is ready to do that kind of breach of regulations, I suggest that you report him or her or just go and find a new one that will ensure that everything will be done according to law.
2. Forgetting the need for a notarization record
Personally, I have used notary services several times in my life and I have noticed a few things that most of these professionals do. They seem to forget or ignore the need for a notarization record. Yes, it is true that it is not legally required in certain countries or states in the US, but it can still be very useful.
It can be especially useful if you want to avoid any kind of fraud. This kind of notarization record is probably the best protection for you and your business. Without that record, you are exposed to anyone and anything without any protection.
If you notice that the notary is not recording this, writing the agreement down, or taking any kind of notes, I suggest that you require them to do so. If they disagree with your requirements, it would be best to look for a new professional that will respect all of your needs. I am sure that there are several agencies out there that will provide you with an experience and respectable agent.
3. Ignoring the need for proper documentation
When a certain document needs to be signed or when a contract is formed, both of the signers need to be identified with the proper documentation. A notary is obligated to ask for your ID and will need to write down your identification numbers. By writing this down, there will be physical proof that both signers have been present.
Otherwise, if notaries ignored that need for proper identification, one of the signing parties could just deny the fact that they have ever signed anything. Even if they were physically present to sign, they could legally deny that fact as much as they want because they have not been properly identified.
Who knows? Maybe it was someone else faking the identity of a signer. As ridiculous as it sounds, it is definitely possible and very dangerous.
To avoid that from happening, I suggest that you remind the notary that they should identify both you and the other signing party. Make sure that everything is by the book. Again, if the professional is not ready to accept your requirements, it would be best to look for an agency that will offer respectable and professional services in every way.
4. Failing to fill the notarial certificate
The notarial certificate is probably one of the most important documents during the signage of a contract or whatever else it is. Every notary is legally bound to have this type of certificate and they also have to write down all the required information on it.
Without this document, a notary does not have any kind of evidence to prove that both parties have signed.
However, the problem is not that they do not have this notarial certificate with them, the issue is with the fact that notaries seem to forget to fill the form properly. Even one small mistake in the certificate can lead to a major legal problem. That is why it is essential to write down things such as the date of the notarial act, the names and identification numbers of both signers, the notary’s signature and name, and probably several other important bits of information. So, if you notice that the notary is not providing a lot of attention to the certificate, I would recommend that you remind them about it.
It is important to remember that notaries are also human and they can also make mistakes. But, they also need to be professional about all of this because one simple mistake could lead to serious issues. With the knowledge of these mistakes, I am sure that you will be able to avoid any legal problems.
For more information about this, visit https://dcmobilenotary.com/