Attesting to Photocopies- Aaron Notary Appointment Services, Inc.

Attesting to Photocopies

 In Florida, notaries are authorized to attest to the trueness of photocopies of certain documents.

Although commonly known as certified photocopies, the notary law refers to these documents as

attested photocopies. A notary public may make attested photocopies if the following criteria, found in section 117.05(12) of the Florida Statutes, are satisfied.

• The document must be an original document. A notary public cannot make an attested photocopy from a photocopy, or from another certified copy.
•  The document cannot be a public record, certified copies of which are available from another public official. If a certified copy can be obtained from the official source, then the notary public should decline the request.
•  The making of the photocopy must be supervised by the notary public. It is not sufficient for the notary public to compare the photocopy with the original document. The notary public must actually make the photocopy or supervise another person while he or she makes the photocopy.

After making (or supervising the making of) the photocopy, the notary should complete a notarial certificate in substantially the same form as prescribed by law.

This notarial certificate should be typed, stamped or written on the front or back of the photocopy or may be attached as a separate page.

One of the most often asked questions concerning attested photocopies is whether a particular document is a public record. Notaries must make a determination about this question before attesting to the trueness of any photocopy. The following documents are examples of public records, copies of which cannot be attested to by a notary:

• Birth certificate
• Marriage certificate
• Death certificate
• Certificate of citizenship or naturalization
• Documents filed in a court proceeding
• Documents recorded by the Clerk of the Court
• Public records maintained in government offices
• Student records (transcripts, etc.) kept in public education offices
• Federal or state income tax forms, already filed
• Professional licenses issued by the State of Florida
• Any document for which photocopying is prohibited

This is not a complete list of public records. If the document is issued by a government entity, the notary should contact that entity to determine whether a certified copy is available. If one is available, then the notary public must decline to make an attested photocopy. Additionally, the notary should ask the person if the document has been filed in a court proceeding or in the official records at the courthouse.

The following documents can be photocopied from the original (if not officially filed or recorded) and attested to by a notary, because certified copies cannot be obtained from another public official:

• Florida driver's license
• Florida vehicle title
• Social Security card
• Diploma
• Medical record
• U.S. passport
• Bill of sale
• Contract
• Lease
• Resident alien card
• Personal letter

The maximum fee a notary may charge for making an attested photocopy is $10.

If you need additional information please visit us www.AaronNotary.com.

Keeping Records of Your Notarial Acts:

The Notary Journal

Notaries are not authorized to keep copies of the documents they notarize. The best way to protect yourself is to document your notarial acts in a journal (record book or log).

You may want to consider this option as well. Each time you perform a notarial act you should record the event your journal.

Numerous notary journals are available on the market today, and they all have similar features. We recommend that your journal be bound (not loose-leaf) and have consecutively numbered pages, so that a page could not be removed without being detected. Important information should be recorded in the journal including:

■ the date of the notarial act;

■ the type of notarial act: oath, acknowledgment, attested photocopy, marriage;

■ the name or brief description of the document;

■ the party’s printed name, exactly as he or she signed the document;

■ the party’s address;

■ the party’s signature;

■ the type of identification relied upon in identifying the party, including the serial number, expiration date, date of birth, etc.;

■ the fee charged for the notary service; and

■ any additional comments you consider important; for example, the person is blind and you read the document to him. GOVERNOR'S REFERENCE MANUAL FOR NOTARIES 43

When using a journal to record your notarizations, it is a good idea to complete the journal entry prior to the notarization to ensure that the party does not leave before the necessary information is recorded.

Other important considerations:

■ Journals can be used to refresh your memory about an event that occurred years earlier, and if

kept consistently, may be relied upon for court testimony.

■ Journals may also prove your compliance with the law.

■ To be reliable, make sure that you record every notarial act and any special circumstances of the notarization.

■ Do not share a journal with another notary.

■ Guard your journal. Keep completed journals for at least 5 years.

Notary journals are usually available from your bonding agency, an office supply store, or one of the two national organizations that provide educational assistance to notaries. Any notary who is concerned with liability may want to consider this protective measure to provide a permanent record of his or her notarial acts.

To order a Notary Journal, please click on the following link: http://www.aaronnotary.com/index_htm_files/stamp.pdf  or contact us at (305) 654-8887.

Aaron Notary Appointment Services, Inc.

P.O. Box 69-3002

MIAMI, FL 33269-3002

How to solemnized a marriage

Procedure

•The couple must obtain a valid Florida marriage license from a county court judge or clerk of the circuit court and present it to the notary public before the marriage ceremony.

•The notary public performs the marriage ceremony. An example of a simple, civil ceremony is printed below. It may be personalized, and the bride and groom may even exchange their own vows. But, the couple's vows must reflect their intentions to make a legally binding commitment to each other.

•The notary public is responsible for making a certificate on the appropriate portion of the marriage license and returning it to the office of the county court judge or clerk of the circuit court which issued the license within 10 days after solemnizing the marriage. § 741.08, Fla. Stat.

General Information

•A Florida notary public may perform a marriage ceremony only within the geographical  boundaries of this state.

•A notary public may charge up to $20 for solemnizing the rites of matrimony. §§ 117.045 & 28.24 (29), Fla. Stat.

•A notary public may perform a marriage ceremony for a person who is related to him or her by blood or marriage. The prohibition against notarizing the signature of a spouse, son, daughter, mother, or father does not apply because the notary is not notarizing the signature of the bride And groom, but is only certifying that the couple have been joined in marriage by the notary according to the laws of the State of Florida. Op. Att‘y Gen. Fla. 91-70 (1991).

•The notary should check the expiration date of the license to ensure that the license is still valid.

•The notary should also require identification if the bride and groom are not personally known. It is recommended that two witnesses, other than the notary, sign the marriage certificate in   

     the event that proof of the marriage ceremony is necessary in the future.

Sample Ceremony

Notary states, "Dearly beloved, we are gathered here today (tonight) to join this man and this woman in (holy) matrimony."

Exchange of Vows

Notary asks the man, "(his name), do you take this woman to be your wife, to live together in (holy) matrimony, to love, honor, comfort her and keep her in sickness and in health, and forsaking all others, for as long as you both shall live?"

Man answers, "I do."

Notary asks the woman, "(her name), do you take this man to be your husband, to live together in (holy) matrimony, to love, honor, comfort him and keep him in sickness and in health, and forsaking all others, for as long as you both shall live?"

Woman answers, "I do."

Notary states, "Repeat after me:"

To the man: "I, (his name), take you (her name ), to be my wife, to have and to hold from this day forward, for better, for worse, for richer, for poorer, in sickness and in health, to love and to cherish, till death do us part.”

To the woman: "I, (her name), take you (his name ), to be my husband, to have and to hold from this day forward, for better for worse, for richer for poorer, in sickness and in health, to love and to cherish, till death do us part."

Exchange of Rings

Notary asks the man to place the ring on the woman's finger and to repeat the following, "I give you this  ring as a token and pledge of our constant faith and abiding love." (Repeat the same for the woman).

Pronouncement

Notary asks the couple to join hands, then declares, "By virtue of the authority vested in me under the laws of the State of Florida, I now pronounce you husband and wife. The bride and groom may now kiss."

For additional question please refer to Governor's Reference Manual. http://www.flgov.com/notary_ref_manual/ or www.AaronNotary.com

How to Become a Notary Public inc Florida

What's the Difference Between an Acknowledgement and a Jurat?

This question can confuse even experienced Notaries. First of all, the Acknowledgment  the document and Jurat are the two most common types of notarization, but are different in purpose. What becomes confusing is that sometimes the document that needs notarization isn't worded clearly. As a Notary you have to ask yourself, are you simply "acknowledging" (witnessing) a person's signature (Acknowledgement), or are you witnessing their oath that something is true, along their signature (Jurat).

But just to keep it as simple as possible, if the wording on a document to be notarized is asking in any way for the person to affirm or swear that something is true, for instance that the ho me they live in is their primary residence (often included in loan documents), then a Jurat is the proper notarization. Typical wording on the document would be: "I certify under penalty or perjury..." or "I do so agree and covenant..." "I affirm..." "I testify that..."

Any documents that just require a signature without any declarative  statement should be notarized using and Acknowledgment. You might feel confused if an Acknowledgment has words like: By signing this...(person's name) accepts and agrees to the terms and covenants contained in this document. Even with the word "covenant" in there, an oath or affirmation is not involved, and the person is agreeing to something without having to affirm or swear an oath.

A personal appearance before the Notary is ALWAYS required to execute a Jurat. No one else can swear an oath or affirmation for the person named on the Jurat. It is a personal promise that can't be made by anyone else. In addition, the Jurat must be signed, dated and notarized at the time the oath or affirmation is administered. It cannot be signed in advance under any circumstances.

A personal appearance before the Notary by the person named in an  Acknowledgment is usually required to execute an Acknowledgment, but there are exceptions. A representative with power of attorney or a subscribing witness may appear in place of the person named. A person signing a document requiring an Acknowledgement can sign in advance, bring the paperwork to the Notary and represent to the Notary that it is their signature and they signed it before coming to the Florida Notary. The Florida Notary can notarize this signature based in proper ID and that the person is standing before them stating it is their signature. Even though their signature may be dated a previous date, the notarization ALWAYS carries the actual date of the notarization.

In some cases a document requires both a Jurat and an Acknowledgment. You then administer the oath or affirmation and complete both documents. Some state have developed a combination jurat/acknowledgment form, but other states still require two separate forms.

If you like to get more information visit us at www.AaronNotary.com Governor's Reference Manual.

Florida Notaries, Are you allowed to notarize out of the state? by Aaron Notary

Simply, the answer is No! As a Florida Notary you must be aware of all the laws and prohibited acts in the State of  Florida. Please read carefully the following information:

• You may only perform your official duties within the geographical boundaries of Florida.
• Notaries are appointed with statewide jurisdiction; that is, you may perform your official duties anywhere within the state. You are not confined to the county in which you reside. You should always indicate in the notarial certificate the location of the notarization, usually designated by State of Florida, County of . 
• Notaries from other states have no authority to notarize while in the State of Florida.
• If you are performing your duties on an airplane or a ship, check with the pilot or the ship’s captain to make sure that you are within the state boundaries.

Visit us www.AaronNotary.com, Link#8 FAQ'S to get more information.

Apply to Become a Florida Notary as low as $69 which includes all state fees, $7500 state required bond for only $20.

Aaron Notary Appointment Services, Inc., we are a professional company, approved and certified by the State of Florida for the appointment of Public Notaries. We have over 20 years’ experience, providing proper guidance and counseling, with excellent service and customer care, demonstrating our high quality and reliability.

We handle all the details for the commission of a notary public, either, if you apply for the first time or renewing your notary seal. Our website www.AaronNotary.com has neatly compiled information and resources that is needed to become a notary public in Florida

Furthermore, for the first time applicants we offer the Notary Education Course Free. Click on the following link to download the Notary application and the instructions how you should proceed to take Free Notary Education Course:

http://www.aaronnotary.com/apply_florida_notary.htm

Once you take the Free Notary Course, you will receive a Certification of Completion, which you need to print out and sign it.  Send your original Application, Bond, and Certification of Completion along with your invoice and payment to:

Aaron Notary Appointment Services, Inc.

P.O. Box 69-3002

Miami, FL 33269 

Qualifications and Requirements for Appointment:

• You must be at least 18 years of age.
• You must be a legal resident of Florida. There is no certain length of time required to establish residency. However, if the Governor’s Office requires proof of residency, the following methods, along with the applicant’s intent to reside in Florida, would be acceptable: a Florida driver’s license; a Florida vehicle registration document; a voter’s registration card; or a recorded Declaration of Domicile.
• If not a U.S. citizen, you must submit a recorded Declaration of Domicile. This affidavit is available at your county clerk's office.

There are certain conditions you need to fulfill to become a Florida notary and all such related information; you can find it on the website.

Apply to Become a Florida Notary as low as $69 which includes all state fees, $7500 state required bond for only $20.

For more information, visit www.AaronNotary.com or contact Toll Free: 800-350-5161