Notary Notes Magazine - DEMO - (Page 11)

NOTARY NOTES To Keep or Not to Keep Copies ver the years, a number of notaries have casually revealed to us that they keep copies of their customers’ identification and the documents they notarize, either because they believe such a practice is “required by law,” or simply because they are inordinately afraid of a lawsuit. O Our answer—since the advent of the Electronic Age and the ease with which identity theft occurs—is just one word: "Don't." Notaries are not required to keep copies of their customers’ identification or the documents they notarize. Notary Public Law [57 P.S. §149 et seq.] only requires notaries to keep a register, a chronological record of every notarial act, including the date of the act, the names of the parties, the date of the instrument, the type of act and the notarial fee charged. Don’t record a customer’s Social Security number (SSN), driver’s license number, or other identifying information in your notarial register. Because your register is open to public inspection, SSNs and other identifying information should not be recorded. The Remarks column of the register is not required by law, but it is a good idea to use this column. You may note the type of ID you accepted and include the issuing agency and expiration date. For example, the notation “PA DL 4/2009” would indicate that the customer presented a Pennsylvania Driver’s License with an expiration date of April 2009. You can also note any special circumstances or observations you make about the transaction. The purpose of this information is to help you remember the transaction or let authorities trace the customer in the event you are called to testify about the notarial act. Years after a transaction has occurred, the notations you made in your notarial register will be your best source of support. Do not think that keeping copies of your customers’ identification or documents will protect you in the event of a lawsuit. In fact, if your records are lost or stolen and used to commit identity theft or fraud, you may be sued by any or all of your customers whose records were in your possession. Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc., a San Diego, Calif., consulting firm. Her team of Privacy Gurus® creates policies and procedures for companies to protect their customers’ privacy. According to Wesley, “As a notary public, every time you record identity information in your notarial journal, you are gathering and storing sensitive, personal identifying information. That puts you in the delicate position of needing to protect your customers’ privacy. For example, carrying your clients’ files around in the trunk or back seat of your car or leaving your laptop visible in your car is not a good business practice. Identity thieves are out there looking for cars with briefcases and computers because they know the information contained in the briefcases and computers may be at least as valuable as the vehicles that contain them.” Don’t confuse ordinary notarial work with motor vehicle work. Agents who are under contract with the Pennsylvania Department of Transportation (PennDOT) to issue registration cards and/or plates are required to keep copies of forms, identification, and insurance information for three years. These records must be securely stored according to the requirements of the agent service contract. An agent who fails to follow these requirements may be punished with a written warning, a three-month suspension, or the revocation of his or her contract. Don’t confuse notarial work with notary signing agent work. In addition to the register required by the Notary Public Law, notary signing agents must keep careful records of all business transactions they conduct. Because the notarial register is for recording only the information required by law, most notary signing agents keep an additional, separate log of business information, including fees and expenses. Remember, notaries are not required to keep copies of their customers’ identification or the documents they notarize. Don’t do it. Does Your Notary Commission Expire in the Next Six Months? Don’t Delay! Get Started on Your Reappointment Today. Start the process now to ensure your reappointment is on time. Renew online at www.notary.org. Just click on the Renew Your Commission link under “Welcome to PAN ” for details. www.notary.org June/July 2008 | Notary Notes | Page 11 http://www.notary.org http://www.notary.org

Table of Contents Feed for the Digital Edition of Notary Notes Magazine - DEMO

Notary Notes Magazine - DEMO Contents From PAN’s Mailbox From the President’s Desk Notary Notes is Going Green PAN Can Help Member Businesses Complete All Appointment and Reappointment Tasks Before You Notarize CSR Handles a Wide Range of Customers’ Bond Questions PAN and Staples Work Together to Make it Easy for Members PAN Member Slowing Down (Well, Sort of) After 45 Years PA Recorder of Deeds Fees 2008 Notary 101: Protect Yourself Against Liability When Will You Need E&O? Sister of Mercy Appreciates PAN Attorney Knows Notary Law When it Comes to Venue To Keep or Not to Keep Copies Signing Up for Protection: Another Bill-and-Ralph Story Affidavits Spring Into Action Against Trampolines Pennsylvania Announces Notary Disciplinary Actions Help Us Prevent ID Theft The Electronic Notary: Electronic Notary Initiative Moving Slowly Seminar Schedules Know Your Forms: MV-44 Form MV-913 Revised for 2008 NASCAR Race Season Environmental Protection Publishes Final CARB Certification Regulations Old Editions of MV-4ST are Obsolete June 1

Notary Notes Magazine - DEMO

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