Notaries are state-appointed officials who are expected to fulfill their duties faithfully and accurately. Their seal transforms a document from just a piece of paper to an authenticated transaction.

Notaries carry a lot of fraud prevention responsibility. But they are also human. Despite the best intentions, every notary is likely to make at least one mistake during the course of a career.

Accidental errors are one of the main reasons a notarized document might seem valid at first but is later voided. But what makes a notarized document valid or invalid? In this article, we gathered four common errors so you can avoid them.

We can't guarantee that you'll never make a mistake as a notary, but this list should help!

Notary Mistake Number 1: Not Fully Embracing the Role

Notaries often sell themselves short by not understanding the authority and power vested in them by the state. They often think of themselves as just witnesses to signatures for a notarized document.

While witnessing signatures is an important function, it is not the primary purpose of a notary.

A notary is commissioned by the state to administer oaths, take acknowledgements and perform other duties. The emphasis here is that the notary is a public officer empowered to prevent and deter fraud.

Common mistakes can diminish a notary's fraud prevention power. Whether you're notarizing a will, a power of attorney or an affidavit, it's important to remember the necessary details.

Don't let simple things like improper wording or formatting make your notarized document invalid. Additionally, failing to properly identify the signer or making an illegible stamp impression are other common mistakes that undermine a notary's public trust.

Notary Mistake Number 2: Not Understanding the Difference Between Oaths and Acknowledgements

Oaths and acknowledgements are two common notarial acts that can confuse even experienced notaries.

Oaths

When people must make a sworn statement, either verbally or in writing, they usually seek out a notary public. The notary is responsible for properly identifying the person and administering a verbal oath. If the sworn statement is in the form of a written instrument, the notary will also witness that person's signature and make a written record of the event in a notarial certificate.

Acknowledgements

Some documents do not require the signer to swear to the truthfulness of their contents. Instead, the signer acknowledges to an authorized person (the notary) that he or she understands the document's contents and are signing it voluntarily.

The notary is responsible for identifying the signer, making a reasonable assessment of the signer's understanding of the document and completing the required notarial certificate.

Where Mistakes Are Made

When completing an oath, a notary could accidentally skip the essential act of administering the oath, which results in the document being declared invalid by the court or rejected by the receiving party.

In the case of an acknowledgement, the notary does not need to witness the document's initial signing; however, the signer must always be present when the notary completes the notarization.

Notary Mistake Number 3: Violating the Presence Requirement

One of the main ways that a notary prevents fraud in written transactions is the presence requirement. This means the document signer must appear before the notary at the time of the notarization.

In fact, most state notary laws prohibit a notary from notarizing a signature if the signer is not present. Violating the personal presence requirement may result in monetary loss for the client and lead to a lawsuit against the notary or a claim against the notary's bond.

Some notaries ignore the requirement when asked to do a special favor for a relative, friend or boss. Remember, there is no exception to the presence requirement, and the results of violating it can be devastating.

Notary Mistake Number 4: Not Completing a Notarial Certificate

A notarial certificate is an official document that authenticates the identity of the notary, identifies the signer and confirms that the document was signed voluntarily. This document is customarily required for powers of attorney, deeds, mortgages, affidavits and oaths.

It is never permissible for notaries to sign a legal document and affix their seal without including a certificate. In fact, that is a meaningless act and creates an invalid notary seal.

Certificates vary by state but usually include the following information:

• The location of the notarization (venue)
• The notarial act performed
• The date of the notarial act
• A sworn statement that the person personally appeared before the notary
• The name of the person whose signature is being notarized
• The type of identification presented
• The notary's signature, printed name and seal

If the document does not have a notarial certificate, the notary may type or write a certificate on the document at the signer's direction. Make sure that your notarial certificate is accurate and complete for every notarization.

Now that you know about these four most common mistakes, you can do your best to avoid them and the negative results that follow. But since no one is perfect, there's still a chance that you'll make a mistake. If (or when) that happens, make sure you're able to protect yourself.

Errors and Omissions Insurance

Errors and omissions (E&O) insurance offers professional liability protection. While a surety bond protects the public from the notary's mistakes, an E&O policy protects you from liability if you accidentally commit a negligent act or make an error or omission while performing your notarial duties.

If a client can prove that your mistake caused financial loss, you are legally obligated to pay for it. E&O coverage protects you from repaying that financial loss out of your own pocket. Policies cover judgments, attorney fees, court costs and settlements — up to the limits of the policy.

Get protection for notary errors or omissions! Learn how to keep more of your money here.