1 / 25

Iowa New-Law Webinar

Iowa New-Law Webinar. A special webinar presentation by the NATIONAL NOTARY ASSOCIATION. Topics We Will Address Today. New law revisions that go into effect Jan. 1 How these revisions affect Notaries Best practices to clarify the changes. What’s New?. Commission requirements

khanh
Télécharger la présentation

Iowa New-Law Webinar

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Iowa New-Law Webinar A special webinar presentation by the NATIONAL NOTARY ASSOCIATION

  2. Topics We Will Address Today • New law revisions that go into effect Jan. 1 • How these revisions affect Notaries • Best practices to clarify the changes

  3. What’s New? • Commission requirements • Disqualifying interest • Identification • Procedure for persons unable to sign • Refusing service

  4. What’s New? 6) Stamp and stamping device 7) Notary certificate 8) Prohibited acts 9) Electronic notarization

  5. Commission Requirements

  6. Grounds for Disqualification • Application misstatement or omission • Felony or crime involving fraud or deceit • Finding against or admission of liability regarding fraud or deceit • Failure to discharge Notary duty

  7. Grounds for Disqualification cont. • Use of false or misleading advertising • Violation of any Secretary of State rule • Commission denial/refusal in another state

  8. New law prohibits Notary’s involvement in acts that will benefit the Notary or spouse • If a Notary notarizes a document where beneficial interest exists, the document is voidable Disqualifying Interest

  9. Identification Notaries can identify a signer based on personal knowledge or satisfactory evidence

  10. Personal Knowledge Someone from last week’s PTA meeting A fellow high school alum and longtime neighbor

  11. Passport, license or government ID not expired more than 3 years • Other gov. ID with signature, photo and not expired more than 3 years • Credible identifying witness Satisfactory Evidence

  12. Signer not personally known/no ID • Witness must have ID • Witness must take an oath • “Do you solemnly swear (or affirm) that you know the signer truly holds the identity he (or she) claims?” Credible Identifying Witness

  13. Individuals with physical disabilities may direct someone to sign for them • Notary must add wording such as “Signature affixed by (insert name of other individual) at the direction of (insert name of individual)” • Record circumstances in journal Persons Unable to Sign

  14. Refusing Services When Notary may refuse to notarize: • Signer appears not competent or aware • Signer is not willing or is being coerced These practices were always recommended, but now it’s the law

  15. Stamp & Stamping Device • “Seal” • “Stamp” • May no longer use an adhesive label • Embosser must be photocopiable • Must secure your stamping device

  16. Certificate • Signature must match what’s on file at the Secretary of State’s office • Completed at time of signing • Contains commission expiration date • You are complying with requirements • Prohibited from signing until act performed • Securely attached to document • “Record” replaces “document” &“instrument”

  17. Acknowledgment

  18. Copy Certification

  19. Prohibited Acts • Your commission does not allow you to: • Assist persons in drafting legal records • Act as an immigration consultant • Represent in proceeding related to immigration • Advertising you can perform duties of attorney • False or deceptive advertising • “Notariopublico”

  20. Prohibited Acts • Failing to state: “I am not a attorney licensed to practice law in this state. I am not allowed to draft legal records, give advice on legal matters, including immigration, nor charge a fee in regard to those activities.” • Withholding original records

  21. Electronic Notarization • Notaries can now use electronic signatures and notarize e-documents, provided they do the following: • Notaries must let the Secretary of State know and specify the type of technology used • Technology must be tamper-proof • Must follow the same laws as paper acts * Secretary of State to provide more details

  22. QUESTIONS?

  23. Being an NNA Member has its benefits: • 24 Hour Online Help at NationalNotary.org • Educational resources • Regular Updates with NNA Publications • Toll Free Hotline Support • Member Privileges and Partner Discounts

  24. Q & A For further information, contact: hotline@nationalnotary.org 888-876-0827  Hotline Counselors are available to assist you Monday – Friday 5am – 7pm and Saturday 5am – 5pm (PST) Webinar Archives at: http://www.nationalnotary.org/webinar-archives/index.html

  25. Connect with the NNA and other Notaries through our social media channels! Stay updated on the latest NNA events, news and best practices. facebook.com/nationalnotary twitter.com/nationalnotary linkedin.com/company/national-notary-association

More Related