chatsimple

Notary News

The SECURE Notarization Act of 2025

A new version of a bill that was introduced in 2023 is here. The SECURE Notarization Act of 2025 has been introduced to the Committee on Energy and Commerce in the House of Representatives.

Oregon Republican Representative Cliff Bentz is the originator of the bill, which is now called H.R. 1777.

What the SECURE Notarization Act Does

We are going to go through the basics. Please understand we are not lawyers, so take our review with a pinch of salt.

The SECURE Notarization Act of 2025 aims to install standards for interstate commerce, notarizations done beyond state lines. It will install minimum standards states must follow when dealing with situations when the notary assigned is not from the state of signing.

Basically, any signing affecting interstate commerce falls under the purview, and other things like judicial proceedings. The bill does not specify every situation, although it does go into detail on many as you dig through the bill.

Both states and federal institutions will have to acknowledge and follow the new rules (if the bill navigates all of the steps and gets passed).

The SECURE Notarization Act of 2025

Whose Rules to Follow

Signings still must be done under the laws of the state of the notarys’ licensed state. State courts must follow this. Notarys’ must also follow the minimum directives set forth in the bill.

While this makes courts follow the laws put forth in other states, but makes it easier on notaries, as they only need to follow the laws of the state they are licensed in, as well as the minimum requirements set forth in the bill.

If the Notary is in the Wrong

The SECURE Notarization Act of 2025 puts forth rules regarding the sanctioning and false advertising of notaries. Of note, is that the rules set forth are many of the same as the recent bill we wrote about concerning Florida notary law on Notarios.

States are still in charge of sanctioning notaries, including suspensions and rejections.

Nothing in this Act may be construed to prevent a State, or a notarial regulatory official of a State, from— establishing requirements and qualifications for, or denying, refusing to renew, revoking, suspending, or imposing a condition on, a commission or appointment as a notary public;

False advertising under the SECURE Notarization Act is mainly focused on notaries that are not licensed lawyers in their state.

An emphasis in placed on notarios. Notaries would no longer be allowed to call themselves a notario or notario publico.

Unless specific rules are in place for the notary, they would no longer be able to say they give immigration advice or advice on how to become a United States citizen.

Our Thoughts on the SECURE Notarization Act of 2025

The SECURE Notarization Act of 2025 would be a step forward in uniting rules between states, and potential freeing up notaries for more work. While the current version is still vague, these bills tend to mature as they go through the process.

The process?

It is important to remember this bill has only been recently introduced to the House of Representatives and sent to committee.

There is a long way before it can become law.

The House would have to vote yes on it, it would have to be sent to the Senate who will draft their own bill, which is then negotiated with the House bill. The Senate would then have to vote yes and it would be passed to the president.

The SECURE Notarization Act of 2025 would take some good steps into establishing signings between states. This would simplify the process, even though some laws between states vary.

We’ll find out if it gains any traction in the House and Senate.

Florida Lawmakers File Bill to Protect Immigrants from Notary Fraud

While we come across the occasional article about notary fraud, it is not something that seems to be too widespread. We did in the past speak a bit about notarios, notaries that focus on immigrants, some taking advantage of the situation.

Enter Florida Bills SB 846 and HB 915. They both focus on stopping notario fraud on immigrants.

The definition of a notario is different for many countries, and immigrants often believe information given to them that is not allowed under United States Law. Some represent themselves about giving advice on immigration law.

In many South American countries, notario publicos are highly trained legal professionals on par with lawyers. They can provide legal advice, as well as draw up legal documents.

This has led to many immigrants being confused on the situation, and seeking advice from a notario publico that is not allowed to advise on those situations.

Abolish Notarios

Florida Lawmakers File Bill to Protect Immigrants from Notary Fraud

While not that dramatic, the bills would no longer allow notaries to advertise or represent themselves as notarios or notario publico. They must also refrain from using any other title that makes the public believe that they are able to give legal advice, be that for immigration or other purposes.

But, that is not all.

Notaries must also provide clear information they have any title which allows them to give legal advice on immigration and other types of laws. While it is not known the definition of clear, some signage or flyer would probably do the trick.

Moving Forward

One presenter of the bill is Senator Tina Polsky. Polsky believes this bill to get traction, as the state has recently held two special sessions on immigration.

Polsky, a lawyer herself from Boca Raton (about an hour north of Miami) believes the bills will be front and center during the session in the Sunshine State, much as it is nationally.

“Due to the high priority this Legislature and (Gov. Ron DeSantis) placed on immigration, I hope that our legislation will be a priority … to address the ongoing issue of fraud and provide vital legal resources for our immigrant community,” she said in a statement.

“I look forward to working with my colleagues, community advocates, and legal experts to bring this bill to life and make Florida a safer place for all who call it home.”

Representative Marie Woodson of Hollywood (a suburb of Fort Lauderdale) explains the laws of protection are not enough to snuff out notario abuse. She is from Hollywood, Florida, but spent much of her youth in Haiti.

“Many victims fearing retaliation or uncertain about their rights to not report these fraudulent practices, allowing bad actors to continue operating with impunity,” she said in a statement. “That is why our proposed legislation seeks to require cleaner disclosure requirements for non-attorneys offering immigration-related services.”

This is not the first time that this issue has attempted to be addressed. It was just last year. The bill passed the Senate, but fizzled out in the house. This came on the heels of several high profile incidents of alleged fraud. Some of those charges were later dropped.

The bill also addressed acts aimed at stealing home from the elderly, reminiscent of the Shasta Signings.

The Florida legislative session started on March 4th.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

Or Call us at (727) 817-0000

New York State Notary Event to be Held in Auburn

March 4th is a rare public workshop for notaries. The event will be held at Cayuga Community College in Auburn New York.

Noted speaker Alfred E. Piombino will be leading the session, which will last from 9am to 1pm. Parking for the event is free and there is public transportation at the college.

The class itself is $125. That includes study material. This consists of two books, Notary Public Register and Recordkeeping Protocols, as well as Notary Public Handbook: A Guide for New York.

New York State Notary Event to be Held in Auburn

Attendance at this seminar is a must for every prospective Notary Public to properly prepare for the serious legal authority, duties and myriad responsibilities of holding this public officer appointment,” said Alfred E. Piombino, the course pioneer and faculty.

“Simply taking and passing the 40-question examination, implemented in 1950 by New York Secretary of State Thomas J. Curran, is a good start, but it’s not sufficient preparation by itself to fully understand and execute all the required duties,” said Piombino.

The renowned course taught by Piombino will provide far-reaching reviews of the duties and responsibilities of New York Notary Public. It also will teach official state law examination preparation.

“First appointed as a New York Notary Public in 1981, I easily passed the state law examination because I was a business school student, but I really didn’t fully understand the scope and depth of my duty which inspired my further legal research,” he adds.

“This frustration with a lack of accurate, adequate resources sparked my sense of intellectual curiosity and was the catalyst of forty years of passion for dedicating myself to this niche, legal scholarship, researching, writing and teaching – to not only help other legal practitioners better protect themselves from legal liability, but also to protect the integrity of the civil and criminal court systems,” adds Piombino.

“Notarial legal ineptitude, intentional or unintentional, definitively leads to the insidious denigration of all courts, erodes public confidence and stymies good-faith efforts to effectively and fairly deliver justice to litigants, victims and defendants,” Piombino emphasized. 

The New York Secretary of State conducts the testing portion. This is done through the Department of State. Four sample law exams and answer keys are given to each attendant to help facilitate learning.

Members of the Civil Service Employees Association union may submit a voucher to cover the cost of the training. The CSEA Tuition Benefit Voucher is available to reimburse union member state employees for the New York State Examination fee.

Space is limited. To find out more or sign up for the training event visit the Cayuga Community College website here Cayuga Community College Office of Community Education & Workforce Development Courses .

Accepting Small Business Help to Grow Your Business

Everyone wants to grow their business, at least most of us.

But, there are hurdles in running your own business, including the business side of it, as well as learning techniques to grow your business through better marketing, or by offering more services.

One of those services is called Shell LiveWire. It is a Louisiana based company that aids enticing new entrepreneurs. It also focuses on developing new business for those entrepreneurs.

We highly recommend following the link if you want to learn more about their programs, which are top notch.

Thinking Big

Enter Tatiana Alaniz. She didn’t think small. She wanted to reach out to the under served communities, among other things. Her company had bilingual support, but was having trouble making it appeal to the needed customer base.

Her business now provides a range of notary services, focusing on the Latino community. This quickly grew from just offering notary services, into full blown business advice.

Here is Shell LiveWire

“Shell LiveWire is a free business accelerator program to help entrepreneurs and small business owners sustain and grow,” explains Becky Cooper, US Social Investment Advisor. Cooper went on to say, “Shell LiveWire participants benefit from an eight-week intensive training program, networking opportunities, and a range of resources provided by the programs implementing partner, Louisiana Small Business Development Center. The Accelerator’s objective is to empower businesses from various fields and welcomes applicants from diverse sectors. A wide range of businesses can lead to a more vibrant and thriving community, offering residents a variety of goods and services. By extending the program to different sectors, you promote community development that fosters an environment that allows entrepreneurship to thrive.”

The Acadiana Advocate

Thinking Big to Grow Your Small Business

Tatiana was smart enough to understand her weaknesses, and joined Shell LiveWire to help along those lines.

They helped her expand her services. She is now an authorized public tag agency, taking care of registrations, as well as issuing license plates.

On the accounting end, LiveWire helped Tatiana receive a grant to learn Quickbooks, which has helped to streamline the business. The financial expertise learned has helped to unlock even more new opportunities for here business.

New opportunities include help. Taking advantage of small business courses can help you grow and streamline your business, letting you focus more of your time on earning more money.

Entities like Shell LiveWire provide an incredible service for budding, and experienced entrepreneurs. It may be time to look one up in your area if you are not in Louisiana, where Shell LiveWire is.

Belated Update on Georgia’s New Notary Laws for 2025

In an attempt to prevent deed fraud, the state of Georgia has updated its notary laws in 2025. The new requirements are aimed at better training, better security identification, as well as updated rules for notary journals.

The journal requirements focus on record keeping for exempt entities versus “self-filers”. Exempt entities are associated with exempted professional groups. These include attorneys and title insurance agents.

Requiring record keeping, there were some legal questioning surrounding the current laws. In a strange move, personal knowledge of the signer is still sufficient for the signing.

Confirmation of Identity: To address ambiguities in the prior statutory language, the new law clarifies the acceptable methods for confirming the identity of signers, oath-takers, and affirmants. The previous statutory language allowed identity verification through “personal knowledge or satisfactory evidence,” with only one example of “satisfactory evidence:” a Veterans Health Identification Card issued by the U.S. Department of Veterans Affairs. The amended statute replaces the vague standard with a requirement for verification using government-issued photo identification documents (valid driver’s license; personal identification card issued under Georgia law; or military identification card—still including a Veterans Health Identification Card).[3] Personal knowledge remains a valid method of identity confirmation under the new law.

National Law Review

New 2025 Notary Laws in Georgia

Educational requirements have also been updated, requiring testing before the initial license, as well as thirty days before each renewal.

How do I know if the Notary Journal is Required for any Specific Signing?

It’s a simple five step process that should help you navigate the new law. We’ll list the steps below, but we recommend you follow up the the text of the bill, or use the link above to the National Law Review.

  1. Identify the type of document
  2. Determine if signer is a “self-filer”
  3. Verify the individuals identity
  4. Record required information into your journal
  5. Maintain your journal.

Nothing too mind bending here, just a couple of more hoops to jump through that make common sense.

Nebraska Notary Saga Goes On

1. The Charges

A notary was charged with notarizing false signatures for a Nebraska medical marijuana initiative.

A total of 24 charges were filed. The notary was charged with official misconduct. Between the notary and their alleged accomplice, 98 ballots were found to have egregious errors live wrong birth date and other details.

Each count in the filing alleged the notary was not in the same room of their accomplice. This is required by state law.

“Hall County Election Commissioner Tracy Overstreet and the people with whom she works take election integrity very seriously,” Klein said in the press release. “Their diligence and thoroughness in the petition signature verification and the work of the investigation team from the Hall County Sheriff’s Office led to these charges. Voters in Hall County should be confident in signing petitions and casting their ballots in Hall County.”

Nebraska Public Media

Nebraska Notary Charges Dismissed.

2. The Dismissal

Then charges were dismissed by Judge Alfred Corey.

“While these duties greatly assist others, notary publics are not public servants who are performing governmental functions,” Corey wrote in a four-page opinion Friday.

Nebraska Examiner

This case has a direct effect on medical marijuana initiatives across the state.

In addition, the court found that a notarys’ duty are essentially clerical and ministerial.

3. The Appeal

Well, it hasn’t ended there.

Prosecutors with the county and state have appealed the dismissal of charges. The notary’s attorney said he vowed to fight this all of the way.

“(The notary) is believed by everyone who has looked into this case to be the one and only person in the history of the state of Nebraska to be criminally charged for simply notarizing documents incorrectly (to be clear, we dispute that even occurred),” Porto (the attorney) said in an email. 

“Nevertheless, the Attorney General’s Office has apparently decided to continue this likely unprecedented prosecution of a well-meaning combat veteran,” Porto continued. “Why?”

Nebraska Examiner

The appeal surrounds Judge Corey’s decision that a notary is not a public official. Prosecutors have brought up the argument that some other states have different laws governing the way a notary is designated to have governmental power.

And you thought a specific signing can be difficult. Just imagine this notary’s ordeal.

We’ll keep you updated when new events occur, though the timeline for that is unknown.

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

Or Call us at (727) 817-0000

Dekalb County Georgia Makes Changes to Notary Law

For those of you doing business in Dekalb County, Georgia, there are some updates to notary law coming soon. The new measures will be put into effect on January 1st, 2025.

It always seems to start with new notaries. They will now have to pass an educational training course to get their commission. It will now be part of the application process.

But, veterans, don’t fret, you aren’t left out. Among the provisions are required their notebook requirements. This is put in place to protect self-filers.

Here are some of the changes to the law.

Dekalb County Georgia Makes Changes to Notary Law

A notary public shall maintain a written or electronic journal for each notarial act performed at the request of a self-filer for real estate documents.

A notary public applicant is required to complete an educational training class prior to the applicant’s initial (new) appointment.

A notary public applicant is required to complete an educational training class prior to the applicant’s renewal of a current appointment A notary public applicant will be provided a certificate upon successful completion of the training course.

A notary public applicant must include the certificate of completion with the notary application to the Clerk of Superior Court

On Common Ground News

Here are a couple of links related to the subject.

Notary Training Course

New Notary Bill

Sunshine Signing Service

Your Nationwide Notary Signing Service

Increase your efficiency and bottom line with Sunshine’s Mobile Notary Services and Online Notary Services. Sunshine is always there when you need us.

Or Call us at (727) 817-0000

New York Bill Aimed at Easing Unnecessary Legal Burdens for Notaries is Vetoed by Governor

It appears the bill passed through the New York legislature has hit a roadblock. Governor Kathy Hochul has vetoed a bill that would have relieved some burdens for notaries.

The bill dealt with how physical records are treated and stored.

We came across this bill a couple of months ago, and have been excited about its potential. Unfortunately, it did not make it across the finish line.

New York State Flag

The COVID epidemic introduces new challenges and new laws for notaries. Among them were bookkeeping and record-keeping changes that were onerous for notaries. This caused many New York attorneys to stop being notaries, as a ten year minimum on records was deemed too big a liability.

Hence, New York Bar stepped in and introduced a bill to remedy the situation.

Here is a statement by Domenick Napoletano, president of the New York State Bar Association.

“For more than a century, New Yorkers commissioned as notaries public have been able to effectively implement their responsibilities – simply noting their name and notary identification number when doing so. When the legislature adopted new statutes enabling notarizations to occur electronically, there was an understanding that new standards should be imposed to protect consumers who were availing themselves of technological advancements, but there was no record to justify changing the standards imposed on in-person notarizations. Yet, when adopting the new rules, the state implemented rules establishing onerous record keeping requirements burdening attorneys practicing in New York State. The disclosure aspect of the superfluous rules also encroach on attorney-client privilege, as lawyers often notarize documents by clients that contain privileged information. Although it is understandable why those offering electronic notarization should be held to a higher standard to prevent fraudulent acts, I am disappointed in the governor’s veto of a bill that would have removed onerous and useless record keeping requirements burdening attorneys who perform in-person notarial acts. We will continue to advocate for a fix to these rules that make the practice of law less efficient and puts clients at risk.”

While the statement applies to lawyers, it would affect all notaries positively. Unfortunately, after the veto it appears dead in the water.

Louisiana Notary Exam Goes Digital

2025 will see notary accreditation head online. In spring, it will have sprung on all aspiring notaries.

The test may only be done at one location. It will be held at the Louisiana State University campus in Baton Rouge. It will be held multiple times each month and will replace the paper exam.

Notaries will be given additional time for each exam question. The exams will also be available more times each month than they are currently.

“We are very excited by this development. The new format will provide more opportunities to pass the examination, significantly shorten the wait-time for re-taking it, and allow for scores to be released faster. It is our hope that eventually we can make the examination available at other testing sites around the state,” Secretary Landry said.

Louisiana Notary Exam Goes Digital

Other testing sites would be a welcome addition for notaries. We’d imagine it is difficult for some to make the trip to Baton Rouge.

The final paper exam will be towards the end of January 2025. The 2025 edition of the notary study guide will be available in January on the Secretary of State’s website.

To find more information about the change please visit this page.

In the News – November 2024

Recording a Notary Commission Just Got Simpler in Philadelphia

We all love when things get easier.

For Notaries in Philadelphia, an important step was removed from the notary commission process. Previously, the commission had to be double recorded, first with the Philadelphia Department of Records, then again with the Office of Judicial Records.

The recording with the Office of Judicial Records has been removed. Notaries only need to file with the Department of Records now.

It is streamlined, more efficient and time saving. And who doesn’t like that.

Notary Called to the Stand During Medical Cannabis Trial

So, they are trying to get medical cannabis on the ballot in Nebraska. A Hall County man was charged with submitting fraudulent signatures.

Besides the circulator himself, as well as a forensic examiner, the notary had to testify at the trial.

It didn’t look good for the notary.

During examination, the notary was “advised to invoke his fifth amendment, against self-incrimination” on nearly all questions asked by the plaintiff attorney Justin Hall, requiring Judge Susan Strong to weigh in on each instance of pleading the fifth.

While there were a few questions where the fifth amendment was not invoked, overall it did not look good for the notary.

Questions included the notary’s involvement with the ballot initiative, as well as text interactions with organizers of the petition.

A simple reminder we do not post notary names and always give them the benefit of the doubt.