The Duty of a Notary: More Than Just a Job—It's a Responsibility that takes grit and Integrity.
As notaries public, we hold a unique and vital position in the legal and business world. Our role, often perceived as straightforward-witnessing signatures, administering oaths, and verifying completeness, is, in fact, a complex and crucial duty. We meet our mission each time we execute our notary certificates correctly and fully complete the task of verifying that the right person is signing the documents. It's about fulfilling a fiduciary duty to the people we serve.
Duty: Not What Everyone Else Does, But What We Are Obligated to Do
Our duty as notaries is to adhere to our professional and legal obligations. This sets us apart from the average person—it's our commitment to a higher standard of Integrity and responsibility. Being a notary means stepping up to a level of responsibility beyond simple honesty. It requires us to act with Integrity, fairness, and transparency, not just when it's convenient but especially when it's complicated. We must make the right decision, even when it's uncomfortable or unpopular.
Fiduciary Duty: A Higher Standard of Responsibility
As notaries, we are fiduciaries. Being a fiduciary means we've accepted the responsibility to act in the best interest of our clients—not just in a way that benefits us but also protects their rights and ensures the Integrity of the documents they are signing. Fiduciary duty is a serious commitment. It's about trust. Our clients entrust us with their legal and personal affairs, and in return, we must honor that trust by performing our duties in an impartial, diligent, and thorough manner.
Being a fiduciary means we cannot do what's easiest or most profitable. We can't prioritize personal gain or convenience over the well-being of our clients. And when faced with difficult decisions, we must do what's right, even if it's not the easiest choice. Doing what is right is the essence of what it means to serve as a notary.
Codified Duties: Law and Regulation Guide Us
Some notary duties are codified in law. These duties include the specific notarial acts we are authorized to perform, the standards for identifying signers, and the exact language that must appear in our certificates in some states. These legal requirements form the foundation of our role and guide our daily actions.
In many states, the law mandates that we verify a signer's identity through satisfactory evidence, typically through government-issued identification or personal knowledge, ensuring the person signing the document is who they claim to be. This duty is non-negotiable. As notaries, we cannot waive these requirements based on convenience, relationship, or even pressure from a customer.
Navigating the Gray Areas
While some of our duties are clearly outlined in the law, others are communicated through administrative rules or professional codes. These guidelines help us navigate situations where the law is vague or silent. For example, what happens when we need clarification on a signer's intent or document's validity? Or when a situation doesn't neatly fit into the prescribed legal language of a notarial act?
We can turn to our professional code of ethics to guide us in these moments. As notaries, we are public officials bound by an oath to serve impartially. We are expected to decide based on what is right, even when the law doesn't provide clear direction. Our commitment to serve without bias ensures the Integrity of our work and maintains the public's trust.
Upholding Our Oath:
The essence of a notary's job lies in the oath we swear when we take office. We promise to uphold our office's laws and duties, serve without bias, and perform our duties faithfully. This oath is not conditional on whether or not our work is recognized, praised, or even appreciated by others. Some days, our work is routine and unremarkable. On other days, the stakes are high—life and death, in some cases.
We do the right thing even when no one is watching because we've sworn an oath to serve. And while the impact of our work might not always be visible or celebrated, it is crucial. We are the quiet gatekeepers of legal and financial transactions, ensuring that documents are authentic and individuals can proceed confidently. Even if no one notices, we are doing something vital.
The Extraordinary Nature of Our Work
Doing the right thing as a notary can be challenging. You may face situations where your decision challenges the expectations of your clients, your colleagues, or your employer. The escrow officer, attorney, or client may be upset because you won't bend the rules or take shortcuts. But this is what makes our work extraordinary. Not every profession demands such adherence to principle. However, as notaries, we are held to a higher standard that requires us to put Integrity above convenience and responsibility above self-interest.
At the end of the day, when you ask yourself, 'What is my end goal as a notary?' is it simply to make money or get paperwork done? Or is it to serve with honor, show up and care, and make decisions rooted in the greater good? By staying true to our fiduciary duty, we don't just perform a service—we contribute to a fairer, more trustworthy society.
Conclusion: Serve With Integrity, Even When It's Hard
As notary entrepreneurs, it can be easy to get caught up in getting to the next assignment, working through hundreds of pages of paperwork, and dealing with deadlines. But our profession calls for more than just getting the job done—it calls for upholding standards of ethics and Integrity. Whether it's a simple document or a critical, life-changing transaction… our work matters. We are entrusted with more than just paperwork; we are entrusted with trust.
When you fulfill your duties as a notary, you're not just doing a job—you're serving your community and society in a way few others can. While the world may not always notice, your commitment to honesty, impartiality, and professionalism makes what we do extraordinary.
Laura
If you would like to know how we can work together to build confidence and competence come to Laura's Inner Circle on Saturday mornings 8am PST. It's a free zoom call and you can register at www.coachmelaura.com
Always at your service
Laura Biewer
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