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Irwin Law
Irwin Law, Attorney
Category: Business Law
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Experience:  30+ yrs. representing small business, real estate, probate
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For ZDNLaw: I am getting feedback from both the business,

Resolved Question:

For ZDNLaw:

I am getting feedback from both the business, consumer, and now religious
community for a new business model for the management and oversight of
notaries public! Do you know of any academia left providing classes for
this particular area of the executive branch? Or an attorney or paralegal
in the Dallas/Fort Worth area in which I can reach out for facts. I do not
mind creating a new structure and submitting it to the Secretary of
State...but I would like to start from a position of fact.
Submitted: 1 year ago.
Category: Business Law
Expert:  Wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I sent your requested Professional, ZDNLaw a message to follow up with you here, when they are back online. If I can help further, please let me know. Thank you for your continued patience.

Customer: replied 1 year ago.
Thank you. There is no rush as my business partners, and the associations are moving slowly waiting for me to gather up facts and research, I am just needing "think tank" advise on how to approach what seems a monumental task. :)
Expert:  Irwin Law replied 1 year ago.
Your question information says you are from Sweden. Are aware of what the primary role of a Notary Public is in the U.S.? I have never heard of any "management or oversight organization for notaries here, and can't imagine how one would function. I'm curious, as I'm sure ZDNLaw will be when he returns, as to what kind of business you envision in this regard.
Customer: replied 1 year ago.
Sweden? No I live in Carrollton Texas just outside of Dallas in Denton County.
Expert:  Irwin Law replied 1 year ago.

Okay, thanks. If you scroll up to the top, on my screen it says Originating Region: Sweden. That must be an error on our end. I know that most notaries work as regular employees in businesses related to real estate, banking, legal services, insurance etc...providers where attesting signatures is sometimes required. The Notary commission is a held as a side function. The only notary function most notaries ever perform is to witness signatures, so I'm still curious as to what kind of "think tank" advice you are seeking and for what "monumental task".

Customer: replied 1 year ago.
Actually most of the banking and real estate folks are getting out of the notary business as the risk of liability and "rubber stamping" which took place has left a bad task in most executives mouths.

However, we have confirmed Notaries Public may act as Deposition Officers, Mortgage Signing Agents, and finalize ceremonies from a Last Will and Testament to the re-naming of ships (yes there is an actual ceremony on record to Neptune God of the Sea - i almost fell out also).

With the proper certification, I have tacked on Civil Process Server and Marriage Officiant to the list of acts which can be performed in our little business model. You can see most everything on the website at www.notaryasneeded.com As such I formed my LLC and have started training notaries in the Dallas/Fort Worth area as the test area. We will be aligning territories to the JoP precincts within Dallas, Collin, and Denton counties. Advertising, marketing, and websites are being built as I am writing this very email.

However, as with most things, I don't know what I don't know. I have an attorney with the Bank of America who works for me in New York, however it would probably be inappropriate to recruit him for this particular project.

Basically it comes down to reliable facts which align with the law. The internet is not enough and I have been unable to locate a notarial law professor on my own. I have spoken with several different attorney who all have different "opinions", but nothing concrete to determine if our little band of notaries could be shut down at the whim of the Secretary of State. I just signed a contract with Service Link and have made agreements with DocuVerify to implement the electronic notarization into the mix.

I would just feel more comfortable with someone local whom I could retain to ensure we are not messing with things which could get some of the notary folks in trouble, they have families and one lady resigned from the bank after 13 years to operate her dba business full time.

However, perhaps I am over reacting, in which case I am prepared to take that counsel as well. :)
Expert:  Irwin Law replied 1 year ago.

This seems to be a pretty comprehensive FAQ about the Notary laws put out by the TX Secretary of State. http://www.nationalnotary.org/texas/index.html?WT.srch=1&WT.mc_id=BSTXBG&referID=SEARCH&gclid=CI7g2fj0zLQCFcsWMgodGh0AiQ

Also, this outfit says they offer a Notary School and courses on line. Perhaps you haven't seen it. I doubt that there is any course taught in law schools or business schools on notary law, so finding an actual professor will be very difficult.

http://www.nationalnotary.org/texas/index.html?WT.srch=1&WT.mc_id=BSTXBG&referID=SEARCH&gclid=CI7g2fj0zLQCFcsWMgodGh0AiQ

 

I wish you luck and thanks for bringing your question to Just Answer/ Pearl.com. I'll submit this as an Answer should you wish to (positive) rate it. If not, you can opt me out and perhaps ZDNLaw will be able to pick it up later.

Customer: replied 1 year ago.
I agree, and based on the reply you have run into the same challenges we have! The notary associations referenced have very limited knowledge as to the application of the notarial act or proper procedures to help keep commerce flowing not just for those in our community who have access to banks/internet/funds, but also those who are less fortunate, notarial law protects all citizens and allows a measure of trust and access to the government. For example, the solution to the election process in this country is solvable with the use of notaries public, and not one attorney or govt. agency will recognize it or use it.

So as with all the associates I work with, I challenge you to take your research deeper. Find the unknown and make it known. Let me know what you find out - it could touch someone's life.
Expert:  Irwin Law replied 1 year ago.

Every state has differing laws on what powers a notary has. Some like Montana require the notary to keep a record of every notarization. See: http://sos.mt.gov/notary/Journal/index.asp Thank goodness mine has no such requirement:

Indiana notary has the authority to:
Take acknowledgments

Administer oaths and affirmations

Perform jurats

Take and certify affidavits

Take and certify depositions

Perform other acts authorized by law

We post a token bond and do not carry liability insurance.

So I'm not sure where your concept of notary powers comes from. The good news is that you can easily find the Notary laws of all 50 states on line. Finding court cases or treatises dealing with those statutes will be far more difficult and very time consuming. I am afraid that this exhausts my entire storehouse of knowledge on this subject, so I would appreciate your positive rating.

Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 4958
Experience: 30+ yrs. representing small business, real estate, probate
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