JasonDRogers.com - Site Copy

Notaries are the first line of defense against identify theft.

This is why it's so important to always follow proper procedure for each notarization and be aware of the type of document being signed, such as:

Quit claim deeds
Wills
Powers of Attorney
Release of Deed of Trust

Fraud is now commonly called Identity Theft which is defined as unauthorized use or attempted use of an existing account, personal info to open a new account, or misuse of personal information for a fraudulent purpose.

Victims are defined as persons age 16 or older who experienced one or more of the above incidents.

Notaries prevent this by following the procedure of using satisfactory evidence or personal knowledge to properly identify their client, as well as by assessing basic awareness and willingness to sign for each individual requesting services. They also sign their name consistently with their "official signature", letting the licensing office know that it is an authentic notarization.

Under RULONA, a notary may refuse to perform a notarial act if the notary is not satisfied that either:

The signer is competent or has the capacity to understand the significance of signing the document;

The signer is knowingly and voluntarily signing the document (i.e., the signer is not signing under pressure, threat, or other constraint to do something against the signer's will).

Additionally, it's okay to refuse the notarization if the client cannot be identified using satisfactory evidence.

If you do refuse to notarize for any reason, be sure to record it, and the reason you refused, in your journal.

Note: a notary may not refuse to perform a notarial act on a prohibited discriminatory basis or other illegal grounds.

According to Colorado statute § 24-21-505, C.R.S., Powers and Limitations, a notary has four main powers:

Oaths and affirmations

Acknowledgements
Witness of signature

Copy certifications

While these are not the only powers of the notary, they are the four most common.