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If a notary stamps a document for a corporation and they are a part of that corporation is that fraud?
Wiki User
∙ 16y ago
Probably not. The notary in most American states is licensed by the secretary of state to perform notarial duties according to local statutes and regulations and it makes no difference who the "client" is. The notary must carry out the procedures as required by law.
On the other hand, if the notary is "ordered" to violate the regulations and does so to keep his or her job, then it may not be fraud, but it is certainly a crime that needs to be dealt with appropriately.
A notary is just assuring the person signing the document is the one signing the document. It does not assure anything about the content of the document...it can be "I swear I am not John Smith"...signed by John Smith and notarized by a notary assuring that it is indeed John Smith signing. So what could be the fraud the notary would commit?
Wiki User
∙ 16y ago
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What if a licensed notary emails an unlicensed notary soliciting work in order to trap this notary?
I am unsure what an "unlicensed" notary is. If a notary's commission has expired, that person is no longer a notary and cannot legally notarize documents. If a notary with an expired-commission notarizes a document, the expired-commission notary can face fines or jail-time. The legal status of the improperly notarized document varies from state to state. Asking an expired notary to work, via email or otherwise, is not a crime and does not necessarily constitute an attempt at fraud. If an uncommissioned notary is soliciting work, that person is committing fraud.
Can a notary back date an acknowledgement if the person who needs the notary also back dates?
A notary does not sign to acknowledge a document. A notary is a witness of the person who signed the document. He signs to say that the person who's signature appears on the document is, in fact, the person who signed it. (This is why a notary will ask to see your drivers license or other photo ID - to prove that you are who you say you are.) A notary would back date a document because the person signing the document already signed and dated it before it was handed to the notary. In this case, the notary would not have seen the person sign the document, so it is illegal for the notary to both sign and back date.
What is the purpose of a notary's seal?
The purpose of getting something notarized is usually to make sure that the person signing a document is the person they say they are. The seal is issued by the state to a specific notary after a background check, so the notary is also identified on the document ... if there's any problem with the document, the notary's records can be checked.
Where do you report fraud?
Where do I report a suspicion of Notary Fraud in AZ
Can a notary notorize a family member in Georgia?
Notarizing for a family member is a conflict-of-interest and should not be done. The document ends up easily discredited in court and can even result in fraud charges.
Does a notary have to know what is in the document he is notorizing?
Yes and no. The notary does not need to read every word of the document, and can not advise you as to the legality of the document. However, the notary does have to scan over the document for several purposes: (1) to ensure that there are no blank spaces; (2) to determine which type of notarial act is necessary; (3) to record the document description in his or her journal; (4) to ensure that the document does not require the notary to perform an act he is not authorized to do; (5) to determine that the underlying transaction does not appear to be fraudulent on its face. A notary need not be a lawyer and is not expected to know the detailed contents of a document. A notary does not need to know what a document says, what a document does, or whether the document is legal. A notary cannot tell you what kind of notarization your document requires. The document is presented to the notary, the notary crosses out any blank or incomplete areas, verifies the identities of the signers/signatures, and then performs a notarial act - either an acknowledgment or an oath - and that's it. If the document appears to be blatantly fraudulent or the notary suspects fraud or duress, the notary can refuse the notarizaton. The purpose of a notary is to verify that the person executing the document is signing it voluntarily, or that he/she took an oath that the contents of the document are true and correct. Notarization also verifies the identity of a person who appears before the notary, or that a copy of a document is true to the original. The purpose of having a document notarized is either (1) to assure that the people signing said document did so willingly or swore that the document is correct, and that they are who they say they are or (2) to assure people that a copy of a document is a true copy of the original. An affidavit, a type of notarized statement, is similar to speaking in court. Upon signing an affidavit, the signer swears by oath or affirmation that the words in the document are his/her words. The notary verifies that the person is who they claim to be and must witness the signature hitting the paper.
Benefits of a notary?
Having a notary at a transaction guarantees that each person is who they claim to be which cuts down on fraud and identity theft.
If you had a notary use someone else's notary stamp and forge the signature what can you do and to whom do you report this issuse?
Not the best answer, but whatever authorizing body, city/county/state, that controls notaries in your state is the one to contact. The local BAR association should know who you need to find and they probably have a free hotline. Fraud is a serious crime and fraud by a notary is worse. The signature of the real notary versus the counterfeit one should be easy enough to show in court, BUT some states allow an improperly or illegally notarized document to stand anyway. Not sure where you might be, but in California it would be with the Secretary of State.....they have a Notary division.
Is cashing in food stamps fraud?
Buying or selling SNAP (food stamps) or WIC is labeled as a federal crime according to this USDA sponsored anti fraud poster.
Can a notary stamp be altered and used?
No. In fact, alteration of a notary stamp is most likely considered fraud in most jurisidctions and will probably subject the perpetrator to criminal penalties.
How do you alternate a government document?
You don’t, it is illegal to alter a government document and is considered fraud.
Can a wife sign her husband signature and he not be there and have a notary stamp it?
No. The reason why a notary is needed to avoid this kinds of fraud. Both named parties need to be present and sign the notaries journal also.
