What is the Notary Stamp?
A notary stamp is a crucial part of the notarization process, which involves a notary public completing a process to do with verifying identities and adding a seal of recognition on to a document. In order to perform this action , the notary uses their stamp (though sometimes known as a notary seal) after viewing an original identification document from the person or persons who are getting the document notarized.
The stamp itself is a raised seal that has the seal’s state and county of issue, notary name, commission number, commission expiration date, and of course the word "Notary." In some cases, notaries also choose to add a specific title.
Elements of a Notary Stamp
So you know your state requires a notary stamp, but what exactly are you stamping the form with? To take this question step by step, and to clear up any confusion you may have about the various components of your commission, let’s look at the essential elements of a standard notary stamp:
Commission Identifier
Your unmistakable proof that you are a legally authorized Notary Public. Usually this appears as: (Name or Initials) + (State Seal or Shape) + (Title in One or More Languages).
Compliance Statement
Often required by state law, states can choose to either include your state name or not.
Hand Stamped Name
Your signature, usually printed above or below your commission information.
Commission Number
Uses numbering to uniquely identify the commission.
Expiration Date
The date when your commission ends, consistently presented in a clear, legible format.
Seal and Signature
Ordinarily the same size and shape of the impression, and the image is always full color. The only exception is for invisible ink, which can be faintly visible under a black light.
Notary Stamp Laws and Regulations
The use of notary stamps is primarily governed by state law rather than federal law. Generally, each state has statutes that outline the basic functions of a notary, what acts may be completed by a notary, and requirements for the regulation of notaries. However, while most states require the use of a seal or stamp, some do not. Variations in how this requirement is used often include stipulations on size, font, and ink color. Some states stipulate that a notary stamp must have an embossed seal, while others only accept etching or printing. A small number of states only accept stamps that use black ink, while others allow notary stamps using color. Only a few states do not impose any requirement to use a stamp or seal at all.
The following is a breakdown of the more notable legal stipulations and variations:
Only five states do not require seals or stamps: New York, Montana, South Carolina, Tennessee, and Texas. None of these states require a seal for notarial acts, although some of them do allow such a seal or stamp to be used.
Several states have specific language that must be included on every notarial stamp or seal and some include other legal requirements. For example:
Some states have additional requirements for the notary stamp that must be included. For instance, some states list an official form of identification that must be present on the notary stamp. Others, such as Washington, require the County Auditor to take a sample of the stamp so they can match it to any impression provided to them. Still other states, like Virginia, require that the notarial stamp be made with black ink.
How Notary Stamps are Designed and Customized
The design of notary stamps generally adheres to regional or national standards that focus on the essential elements needed for the stamp to serve its function as a means of authentication. However, there is some degree of customization available for notary stamps that can give them a professional edge and help them stand out in the market. The design of notary stamps is generally limited to the official inscription required by law and possibly the inclusion of a commercial seal impression for those who also conduct business as a commercial notary. Here are some design options that may be available to notaries depending on their jurisdiction: Notaries must ensure that their seal designs are compliant with all legal restrictions. For example, criminal background checks are commonly required for new notaries, so clerks often prohibit these individuals from disclosing their commission date until after their commission has been granted. This means they cannot include their commission date on their stamps, which should be compliant with the law. Similarly, notaries should consider that their commission renewal date might change within the years of their commission grant requirements. If their stamps are designed with their commission expiration date, they may need to make costly changes to their stamps if they are unable to update them themselves and have to commission a notary stamp provider to make the replacements. As with all notary stamps, therefore, notaries should only design their stamps in accordance with their commission requirements, to ensure that all stamps retain compliance with relevant laws.
Notary Stamp FAQs
Below are some frequently asked questions about the use of a notary public’s stamp:
Q: How do you affix a notary stamp?
A: It is recommended that the notary introduce the stamp to the document by starting from about one inch away from the edge of the document, beginning with the top of the stamp and rolling it. The stamp can also be turned sideways to increase legibility. Color and size of stamp is dictated by state law.
Q: Why do some notaries have different notary stamps than others?
A: In an effort to mitigate fraudulent activity, some states have adopted electronic or embosser stamps to ensure more controls than the traditional rubber stamp provides. However, in order for notaries to be able to stamp all types of documents, both types may be issued to the same notary public in these states. It is up to the notary which type they wish to use.
Q: Is there a standard stamp size?
A: Stamp sizes vary based on state law. Some states have very specific standards that the notary public must meet to ensure uniformity. A circle, rectangle or oval is the most commonly used shape and size.
Q: What are the most common mistakes people make when using or hiring someone to use a notary stamp?
A: Mistakes when hiring someone else to notarize often occur because the notary and the document signer do not agree on the identity of a witness. A notary must be able to identify the signer based on physical presence , state-issued ID and/or "subscribing witness" at the time the document was executed. Many document signers are not aware the notary can only identify someone based on seeing that person and that the notary cannot actually be anywhere together with the signer and the witness. While the subscribing witness can testify to the notary’s presence, they are not the same as the witness being present. If the notary stamp is on the document before it gets signed, neither the document signer or witness has seen the notary, which negates their ability to act as a subscribing witness. This is why the simultaneous presence of the document signer and the subscribing witness at the time the documents are signed is required.
A common mistake employers make when having employees notarize documents is that they don’t ensure the employee is acting as an impartial witness. They assume the employee is acting as either the document signer or the witness when they should be acting as both. In these circumstances, the notary may witness most of the documents that come through the office and, after calling each signer in one at a time, may not be able to do their job properly.
How to Order a Notary Stamp: A Simple Process
After studying for and passing the state-administered notary public exam, the new notary public must register with the state they will serve in, and purchase their first notarial seal or stamp. Purchasing their seal or stamp is the first step in the "after testing" process. The applicant should make this purchase before or after registration, to avoid delay for expensive re-testing.
The applicant will need to provide the following paperwork to the state of their residence:
Notary License Application It is important to file this on time, because after fifteen days of not filing, the notary license will be voided and the notary public will have to take the application process over again, including all of the notary testing and training. Note that "notary license" may also be called notary commission, card, or certificate.
Oath of Office Most states require an oath of office, which is often done at the same time as their notary license application. Certain states will require this to be done in front of a state official, while the majority of states allow this to be handled with a self-attestation
Bond of Office Some states simply require a notarized bond of office stating that the notary public understands his/her responsibilities. Others require a monetary bond, usually between $1,000 – $20,000, which protects consumers from inadvertent errors. (Bond amounts vary, and are determined by the type of notary bond. For example, a long term, unlimited bonding with an indemnification clause will be far more than a short term bond.)
Payment Most states charge a fee to register for the notary public role, and may also charge for required background checks. The state will only accept certain forms of payment, such as credit/debit card, check, or money order, so be sure to have the proper form of payment.
But after the notary public has finished the testing processes, and submitted all of their paperwork, the next step is to purchase their seal or stamp. Luckily, the notarial seal or stamp is very affordable. Prices differ depending on if the notary public opts for an embossing seal, a stamp, or both. Those who choose both will be paying closer to $100, while an embossing seal will run at about $40. A stamp will only cost $25.
The type of notary seal to choose will depend on their usage. For example, if you work a lot with banks and trust companies, then you want to make sure you invest in one which is a standard size for these businesses, which is one inch tall and two inches wide. But if they are only going to be serving a few documents per month, then a stamp is probably the best option, as it can be less legible than a traditional seal.
In some states, the regulation is that the seal must be made in the USA, while others only care that the seal is non-fraudulent. However, the majority of states do require that the information be legible, and require a circle seal around the text. The stamp must be able to make a clear imprint, and must be available within the state or online through a licensed source. As mentioned before, the price may vary from $25 to $100 or more, depending on what the applicant chooses.
Notary Stamp Maintenance and Replacement
Maintaining the integrity of your notary stamp is vital to the deterrent power it provides against fraudulent activities. Notary stamp integrity begins with best practices to ensure notary stamps are not left out in the open for all to access. At the start of each new work period, stamps should be inventoried and turned over to a notary’s supervisor or assigning agency. Whether stamps are kept on or off-site, they should always be stored in a secured environment. All inks and ink containers should be locked down and safely stored as well.
How notaries choose to use their stamps can have a significant impact on its durability, as well. Using a notary stamp too often on documents with glossy finishes can result in scratches and wear on the rubber of the notary stamp, while using too much pressure when stamping can crack rubber components. The mechanical parts of a stamp can also be damaged if dropped or handled too roughly.
While bombarded with these challenges, it is no wonder why all notaries eventually have to replace their rubber stamps at some point. The U.S. notary public does not have a stamp design that is recommended for perennial use , and the authority usually requires renewal every five years. After an ambassador, consul, or foreign consul becomes notarized, they may also have to apply for renewal once their original authorization expires. Once these stamps expire, and stamps with scratched or damaged rubber become too worn to make accurate imprints, notaries should seek replacements.
In most cases, it is easy to obtain a replacement by contacting the company that manufactured the original stamp. If the original order or specifications are no longer available, there are many online vendors who can help locate the exact stamp as well. If a stamp becomes damaged or shattered while using it, an advanced notary should NOT attempt to replace the impression themselves. Doing so can interfere with the accuracy of its imprint. Instead, simply have the original replaced.
If you have any questions concerning maintaining or replacing notary stamps, Wolverton & Associates can help. Simply contact our office today!
