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Notary Public Register & Recordkeeping Protocols

Notary Public Register & Recordkeeping Protocols

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Notary Public Register & Recordkeeping Protocols by Alfred E. Piombino

TITLE: Notary Public Register & Recordkeeping Protocols
AUTHOR: Alfred E. Piombino

Publisher: East Coast Publishing

ISBN 13: 978-3-944560-35-8
ISBN 10: 0-944560-35-0

PAGES: 64, 70# high-quality, ledger-type stock (saddle-stich binding)
WEIGHT: 10 oz.
SIZE: 8¼” x 10" (oblong-style)
PRICE: $14.95
ATTRIBUTES: Illustrated, Revised Edition
SUBJECT: Reference/Law
FORMAT: Quality Trade Paper (plastic-laminated cover)

Over 40 states either legally mandate or strongly recommend that a Notary Public maintain a Notary Public Register of all official activity.

There is no standard name for this type of recordkeeping media and the terms Notarial Register, Notary Public Register, Notary Log, Notary Journal, Notary Journal Book, Notary Diary, Notary Public Record, Notary Record Book and Notary Public Record Book are synonymous.

Every year, Notaries Public who maintain a personal Notary Public Register successfully defend themselves from legal attacks and promote justice for innocent people.

Unlike a traditional public officer or employee, even though a Notary Public is indeed a state public officer in the eyes of the law, he or she is solely responsible to defend any legal challenges.

If he or she is the target of a criminal indictment, civil lawsuit, or even a government disciplinary action, the Notary Public is left alone to defend the charge – even if becoming a Notary Public is a job requirement of a private or public employment.

While the government has overall statutory authority to issue, suspend and/or revoke a Notary Public commission, in addition to levying an administrative fine, it never suffers from a guilty verdict levied upon a Notary Public – the Notary Public alone bears all financial loss, employment jeopardy and possible life-long, public humiliation – plus countless collateral consequences.   

Here are four more good reasons to maintain a Notary Public Register:

1. Even a trained, experienced Notary can make an honest mistake.

Upon realizing a mistake was made, a Notary Public Register recording makes contact possible to permit the Notary to alert the client and remedy the mistake, if possible.  Recording basic notarial act data could help to avoid unnecessary legal costs, disciplinary action (including suspension or removal from office) by the government and even a costly damages judgment or settlement for negligence – not to mention lost professional credibility in the eyes of the client, employer and community.

2. People deny they ever appeared before a Notary (even when they actually did appear).

This scenario puts the Notary on the defensive.  Capturing an original signature, an identification serial number – even a thumbprint impression – plus other notarial act-related information, will help bolster the credibility of the Notary in the eyes of the law.  It might even help ward off a possible legal action before it ever gets off the ground.  How else can a Notary positively prove that someone personally appeared before him or her and that proper identification was requested and examined at that time?

3. Forgery of notarial (and judicial) signatures is increasing.

A Notary can’t prevent an unscrupulous person from forging his or her official signature.  It can easily occur by a dishonest person tracing a Notary’s signature from a legitimate, notarized signature document onto a bogus, forged document.  A Notary can defend the charge and challenge this serious felony by showing a Notary Public Register (with no entry record of this bogus notarial act) to the governmental authorities or the court.  A Notary who simply declares, at a deposition or on a court witness stand, that “it wasn’t his or her signature”, may not be sufficiently convincing that the signature was truly a fake.

4. Notaries are summoned to testify before court judges, government hearing officers and attorneys at depositions.

The rules of evidence for testimony take many factors into account, including written records.  A professional and properly maintained Notary Public Register, along with a thorough understanding of notarial principles and practices, will go a long way to building Notary-witness credibility in the eyes of a judge, jury or hearing officer.  By having a register ready for memory refreshing before and even during sworn testimony, the Notary-witness now becomes a more reliable witness.  Thus, his or her testimony becomes more valuable as evidence.  If you were served with a judicial subpoena, could you conscientiously testify and provide a true, detailed-filled account of a notarial act that took place several years ago?

In conclusion, every professional Notary Public in the United States should keep records of every notarial act in a Notary Public Register.  

       

Additional book titles by Author Alfred E. Piombino:

* Notary Public Handbook: Principles, Practices & Cases, National Edition,

ISBN10: 0-944560-69-5, ISBN13: 978-0-944560-69-3

* Notary Public Handbook: A Guide for New York, Fourth Edition,

ISBN10: 0-944560-50-4; ISBN13: 978-0-944560-50-1

* Notary Public Handbook: A Guide for New Jersey,

ISBN10: 0-944560-26-1; ISBN13: 978-0-944560-29-7

* Notary Public Handbook: A Guide for Florida,

ISBN10: 0-944560-33-4, ISBN13: 978-0-944560-33-4

* Notary Public Handbook: A Guide for Maine,

ISBN10: 0-944560-32-6, ISBN13: 978-0-944560-32-7

* Notary Public Handbook: A Guide for Vermont Notaries, Commissioners & Justices of the Peace,

ISBN10: 0-944560-97-0, ISBN13: 978-0-944560-97-6

* Notary Public Register & Recordkeeping Protocols,

ISBN10: 0-944560-35-0, ISBN13: 978-0-944560-35-8


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