Notary Law vs. Best Practices: What You Must Do vs. What You Should Do

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Just because something isn’t required by law doesn’t mean it’s not a smart move. As a notary, understanding the difference between what’s legally required and what’s considered a best practice can protect your business and reputation — and even save you from lawsuits. Let’s break it down with some real-world examples.

⚖️ What Is Notary Law?

Notary laws are rules set by your state that define what you are legally allowed (and not allowed) to do.

These include:

  • ID requirements
  • Approved notary wording
  • Whether you must keep a journal
  • Fee limits
  • Commission terms

❗Breaking these rules can lead to penalties, lawsuits, or loss of commission.

✅ What Are Best Practices?

Best practices are professional habits that may not be required, but are widely recommended to:

  • Protect yourself legally
  • Ensure accuracy
  • Boost your professionalism

They're often taught in quality training programs (like ours) or recommended by the NNA.

🧠 5 Common Areas Where Law and Best Practice Differ:

1. Keeping a Notary Journal

  • ✅ Law: Only required in some states
  • 💡 Best Practice: Always use one — it protects you if a notarization is challenged.

2. Administering an Oath

  • ✅ Law: Required for jurats
  • 💡 Best Practice: Say it aloud even if the signer says “just sign it” — it’s your responsibility.

3. Recording ID Information

  • ✅ Law: Some states limit what you can record
  • 💡 Best Practice: Know what’s legal and helpful — but never photocopy ID unless allowed.

4. Refusing a Notarization

  • ✅ Law: You may have to refuse if legal ID isn’t provided
  • 💡 Best Practice: Refuse politely and document the reason in your journal.

5. Charging Fees

  • ✅ Law: Fee limits vary by state
  • 💡 Best Practice: Post your fee schedule and discuss charges before the appointment.

📚 Want to Master the Rules and the Real-World Skills?

👉 Explore the Notary Training Course

Need help applying the rules to real-life situations?

Discover our all-inclusive program to master notarizations, add services like loan signings, apostilles, and ink fingerprinting, and grow a profitable business step by step. Live sessions included in membership, see May's schedule below. 👇



Being a legal notary is good — being a professional notary is better.

Learn both sides so you can serve your clients confidently and correctly.

Until next time,

Kimmi Notary Life with Kimmi

Notary Loan Signing Agent | Trainer | Author | Mentor

https://notaryeducatorsllc.com/home

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