Understanding Apostilles

What is an apostille? Why is it required? How do you get an apostille done? Here's a simple explanation you may find helpful:

Think of an apostille as an "international notarization". Many notarizations are valid only within the country where the notarization is performed. So, a document notarized in the U.S. may be valid only within the U.S. A document notarized in Mexico may be valid only within Mexico. And so on...

But let's say a document must be notarized in the U.S., then sent to an official in Mexico. Because the document is crossing international boundaries, the Mexican authority might not accept the U.S. notarization as valid. An additional step may be required to authenticate that the notarization is legitimate. The solution is usually an apostille, and here's how it's done:

First, the notarization is performed. Then, the notarized document is forwarded to a state-level government office (in California, the document is forwarded to the California Secretary of State's office). That's where the apostille is performed, thereby authenticating the notarization.

The document is now ready for delivery to Mexico or any other country that accepts apostilles from the U.S.

For an alphabetical list of all participating nations, visit http://www.hcch.net/index_en.php?act=states.listing.

Administering Oaths For Jurats

Some signers may get a bit upset when asked to take the oath required for executing a jurat. They might say they've been notarized before, and nobody has ever required them to take an oath. Don't argue with them or do anything to upset them even more; just politely tell them it's required by law in the state of California. Usually (actually, always in my experience) they'll go ahead and take the oath, even if somewhat begrudgingly.

There are two main reasons people who've previously been notarized think there's no need for an oath: (1) their prior notarizations have been acknowledgements, which of course do not require an oath, or; (2) they've been notarized with jurats, but the notaries involved did not administer an oath, even though they're required to do so.

If you're a notary executing a jurat, please do yourself, your signers, other notaries, and everyone else a favor by always administering an oath (or affirmation, as the case may be). If you don't, the notarization can later be voided. Remember: the oath is not optional, it's required.

Identifying Document Signers

As a notary, do you ever run into this situation: the document signer does not have an acceptable form of photo ID, but he asks you to cut him some slack and perform the notarization anyway? Maybe he offers you an employee identification card, or a credit card, or some other form of ID that is not sufficient for notary identification purposes. What do you do? He may seem like an honest, decent person. And you may really believe he is who he says he is.

Even so, don't do it! No matter how nice he may be, no matter how pure his intentions, you must (politely, of course) refuse to perform the notarization if he cannot produce appropriate ID. Even if you're convinced he's legitimate, you have a sworn obligation to uphold, integral to which is that you properly identify the signers of documents you notarize.

You're doing a disservice to yourself, your customers, and everyone else if you do not adhere to this requirement. You risk placing others into a situation in which they may become the victims of identity theft and fraud. And you risk losing your notary commission, as well as exposing yourself to the possibility of being charged with criminal and civil wrongdoing. Is it worth the risk? Never!

Remain true to the oath you took when you became a notary. Remember, the public puts its faith in you. People depend on you to protect them. Don't let them - and yourself - down.

How To Handle A Scheduling Conflict

So you're a mobile notary with a nice little (or maybe not so little) notary job all lined up for later today, when you receive a call from a client who's up against a deadline and needs your services during the same time that you'll be performing your already-scheduled job. What do you do? What do you tell the client? You don't want to lose his/her business, but you have an existing obligation that you must keep. Here's one good way to handle this sort of situation:

Get to know two or three other good mobile notaries in your area. Make sure they're competent, reliable people who you can recommend with confidence. Then, when you receive more than one job for the same time slot, refer the client to these other notaries. Let the client know that you're familiar with their work, and that you would not recommend them if you weren't confident in their abilities. Provide the client with the name and phone number of each notary. (The client is usually very pleased that you're so willing to go out of your way to help him/her!)

Wait about 15 minutes, then call the notaries to find out whether the client contacted them and to make sure one of them was able to take the job. And call the client to make sure he/she found someone to do the job. The result: happy client, happy notary who got the job referral from you, and happy you, because not only did you help out the client-in-need and the other notary, you also get high marks from the client, who is likely to remember you the next time he/she needs a notary in your area!

(And be sure that if you're referring business to other notaries, they're doing the same for you. If they don't appreciate what you're doing for them, and if they're not returning the favor, you might want to find other good notaries with whom to share overflow business.)

Questions? Contact Me And I'll Be Glad To Help

I receive a number of phone calls and emails from customers - and other notaries - located throughout California, across the U.S., and even around the world, asking my advice on a number of notary-related issues. "How do we get an apostille done?" "Is it proper for me to notarize this document under these circumstances?" "What do I do if a signer puts me on the spot with a difficult question?" "How much should I charge for a particular service?" "How do I know whether to perform an acknowledgment or a jurat?" And so on...

Whatever their questions may be, I'm always glad to be of assistance. If I don't have the answers, I try to track down the solutions they need. Oftentimes they ask me why I'm so willing to help without charging them. My response is simple: I do it because I believe it's the right thing to do.

So if you run into a notary-related situation that you're not sure how to handle, feel free to contact me and I'll do my best to help. (And who knows? Maybe you can return the favor for me or for someone else!)

Some Of The Good And Bad About Being A Mobile Notary

As with probably every occupation or profession, there are good things and not-so-good things about being a mobile notary. I'll touch on some of them here.

First, some of the good: You get to meet lots of very nice people. When you're with them, there's usually plenty of opportunity for friendly, often-engaging conversation. You get to travel to many different locations to perform your work. You're not confined to a routine office job. You enjoy the independence of setting your own work schedule. You can accept only the jobs you want, and refuse (better yet, refer) those you don't want.

And some of the not-so-good: When the weather is cold and windy and rainy, driving around all over the place - especially when you're trying to find locations with which you're not familiar - isn't exactly fun. And if you're looking to get rich, this isn't the business for it. You can do okay if you apply yourself, but it's hardly the most lucrative-paying job you could choose. You're competing with gazillions (give or take a few zillions) of other notaries, many of whom advertise unrealistically low prices solely for the purpose of attracting unsuspecting clients. (Of course, those clients soon learn to their dismay that - as with most things - they get what they pay for!)

The bottom line: If you enjoy the independence of setting your own schedule, driving, meeting and talking with people, performing a much-needed and highly-beneficial service, being a mobile notary public could be a good fit for you. And if you also have another job, you can use your mobile notary service to bring in some nice supplemental income.

A few words of caution: If you don't enjoy driving, you may not enjoy being a mobile notary. It's really not feasible to attempt this type of work using public transportation. Also, if you're not comfortable being out alone after dark (especially with strangers in unfamiliar areas), consider limiting your service to daylight hours only.

The Impression You Make Is More Important Than The Appearance You Present

Mobile notaries are often told to dress "professionally" for their signings. Well, I'm going to buck that trend by telling you that - within reason, of course - it really doesn't matter how you dress. Casual pants, sportshirt, and loafers? Sure. Jeans, t-shirt, and sandals? Why not? No socks? No problem.

The people you notarize couldn't care less about what you're wearing. Just make an effort to be clean and presentable. What's important is that you're friendly, courteous, and respectful, and that you know what you're doing. Suit and tie? Meaningless. Good manners and quality work? With apologies to MasterCard, priceless.

The impression you make on - and leave with - your clients is not determined by your fashion statement. It's a product of the way you treat them and the competency with which you perform your job.

Sure, try to look your best. But just as importantly, be yourself. If you're at your best looking like you're dressed for a picnic or a day at the beach, there's no rule that says you can't be the best mobile notary in the world, just the way you are!