Becoming a commissioned Notary Public and establishing a professional practice requires navigating a specific process. The requirements for education, bonding, and application procedures are regulated entirely at the state level and vary significantly based on the applicant’s location. Successfully navigating these steps and understanding the associated legal boundaries are fundamental to establishing a career in this field.
Understanding the Role of a Notary Public
A Notary Public is a state-appointed official whose primary function is to serve the public as an impartial witness to the signing of important documents. This involves verifying the signer’s identity, confirming their willingness to sign, and administering oaths or affirmations for documents like affidavits and jurats. Notarial acts deter fraud and ensure the integrity of significant transactions involving real estate, finance, and legal matters.
A notary is not a legal professional. A notary must never interpret a document’s contents, advise a client on which notarial act to choose, or provide any legal guidance. Engaging in these activities constitutes the Unauthorized Practice of Law (UPL), which can lead to fines, commission revocation, and serious penalties. The notary’s duty is strictly ministerial, requiring adherence to statutory rules without exercising personal discretion regarding the document’s legal implications.
Meeting the Basic Eligibility Requirements
Prospective notaries must confirm they meet basic qualifications before applying. Most states mandate that an applicant be at least 18 years old and a legal resident of the state in which they seek commission, though some allow residents of bordering states to apply. Literacy in the English language is also required to competently perform the duties of the office.
Applicants undergo a background check and must have a clean criminal history. Felony convictions or past offenses involving fraud, dishonesty, or “moral turpitude” can disqualify an applicant. Applicants must disclose all arrests and convictions, even those that have been dismissed, as lack of transparency is often grounds for denial.
Completing Required Education and Testing
Many states require applicants to complete a state-approved training course. These courses can range from a three-hour refresher for renewals to a six-hour course for new notaries, focusing on the state’s specific notary laws, proper procedures for notarial acts, and avoiding the unauthorized practice of law (UPL).
Following the education, many states require applicants to pass a written examination administered by the commissioning authority. This exam tests knowledge of the statutes, rules, and procedures covered in the training materials. Some states require a passing score of 70% or higher to qualify. Applicants must research the specific requirements for their state, as some require both training and testing, while others require neither.
Navigating the Official Application and Commissioning Process
After meeting educational and testing prerequisites, the applicant submits materials to the state’s commissioning authority, typically the Secretary of State’s office. This requires accurately completing the official application form, providing personal and professional history, and fully disclosing any criminal history. Many states require applicants to submit fingerprints for a thorough state and federal background check.
The application must include the required state filing fee. Once the state reviews and approves the application, it issues a commission packet, including the official commission certificate. The final step involves taking an oath of office and filing the commission and bond with the county clerk’s office, often within a strict 30-day timeframe. Processing times can range from four to ten weeks, so applicants must meet all deadlines to prevent the application from becoming void.
Securing Necessary Bonding and Insurance
A Notary Bond is mandatory in many states and protects the public from financial harm caused by a notary’s errors or misconduct. If a notary’s mistake results in a financial loss, the affected party can file a claim against the bond. The surety company compensates the loss up to the limit. However, the notary is required to reimburse the surety company for any amount paid out on the claim, meaning the bond offers no protection to the notary themselves.
Errors & Omissions (E&O) insurance is optional but recommended professional liability coverage that safeguards the notary. E&O protects personal assets by covering legal defense costs, settlements, and damages resulting from unintentional errors, omissions, or false claims. Mandatory bond premiums are typically low, ranging from $25 to $50 for a four-year term. E&O policy costs are affordable, often starting under $100 per year for coverage up to $100,000.
Setting Up Your Notary Business
Once commissioned, the focus shifts to establishing the business and obtaining required supplies. Every notary must have an official seal or stamp that meets state specifications and a detailed journal for recording every notarial act performed. The journal is a foundational business tool and a legal requirement in most states, demanding meticulous entry of the signer’s identification method, the document type, and the fee charged.
Notaries must determine their pricing structure. State law regulates the fee for the notarial act itself, which is often minimal (between $5 and $15 per signature). However, a mobile notary can charge a separate, reasonable travel fee to the client’s location. Many notaries specialize, such as becoming a certified Loan Signing Agent (LSA). This involves facilitating the signing of mortgage closing documents, requires additional training, and commands higher fees, often ranging from $75 to $200 per appointment.
Effective marketing is essential for attracting clients, especially for mobile notaries. Strategies include:
- Establishing a professional online presence with a website.
- Claiming a Google My Business listing to appear in local “notary near me” searches.
- Networking with local businesses like real estate agents, title companies, and attorneys.
- Listing on national notary directories to connect with signing services and title companies.
Maintaining Your Commission
Notaries must adhere to strict compliance standards to maintain their authority. Consistent and meticulous record-keeping in the official journal is required. The journal must be maintained for a set number of years, often five or more, even after the commission expires, to ensure a full legal record is preserved.
Most notary commissions are issued for a four-year term, requiring a timely renewal process. Renewal often mirrors the initial application, involving a new background check, payment of fees, and in many states, completion of a shorter continuing education course. Starting the renewal application several months before expiration is advisable. Letting the commission expire may force the notary to restart the entire initial application and testing process. Failure to follow proper procedure, such as neglecting to file a name or address change, can lead to penalties, fines, or commission suspension or revocation.