ELITE Notary & Multi-services LLC

01/23/2019

California Notaries Will See Driver’s Licenses Listing A New Gender Choice In 2019
By David Thun on January 10, 2019 in Notary News

CALicenseGenderSmall.jpgIf you’re a California Notary, you may be caught off guard if you’re handed a driver’s license this year that no longer lists the bearer as being either “Male” or “Female.” Don’t be alarmed — this option is now legal under a new state law, and you may still accept licenses and IDs with this new gender option issued by the California Department of Motor Vehicles (DMV) when you perform a notarization.

Senate Bill 179, signed into law last October by Governor Brown and which took effect January 1, allows persons applying for a California driver’s license or DMV-issued identification card to select a gender choice of “nonbinary” (marked as an “X” on the card under “Sex”) instead of “M” for “Male” or “F” for “Female”). Persons who wish to update their current license or ID to change their gender category may do so by scheduling an appointment with the DMV. A person may also update their gender category when applying for a name change on their California driver’s license or ID.

A California driver’s license or ID listing the signer’s gender as “nonbinary” can still be accepted by Notaries as proof of identity. Per California rules for identifying signers, these identification documents must be currently valid or issued within the past 5 years in order to be accepted by Notaries as proof of a signer’s identity.

What To Do About Gender Information On California Notary Certificate Wording

Update 1-15-19. Several Notaries have asked how they should complete the “he/she/they” section of the California Notary certificate wording if a signer presents identification indicating a nonbinary gender.

The new driver’s license law regarding gender choices does not address completing gender information on Notary certificate wording. Because certificate wording is set by state law in California, California Notaries must continue to use the wording exactly as set in statute. It is possible this issue may be addressed by the state Legislature in the future.

Because the NNA has been made aware in the past of some document receiving agencies rejecting documents when Notaries crossed out gender pronouns in notarial certificates, we believe it is best to leave the words “he/she/they” alone so that the certificate will not be rejected by an agency that thinks the Notary made a mistake by crossing out the “he/she” At this time, the NNA suggests leaving the “he/she/they” portion of the certificate wording as it is without marking, circling or lining through any gender choices.

From a best practices standpoint, if California Notaries wish to note in their journal entry that a signer presented ID indicating a nonbinary gender, the Notary should note in the journal that the signer presented an ID with a gender description as “nonbinary” but that the certificate form used was the statutory form.

We will update this article if we receive any new information.

David Thun is an Associate Editor at the National Notary Association.

10/22/2018

'Notario Publico' And Notary Fraud
By David Thun on October 14, 2015 in Notary News

Any time the federal government seeks to change immigration rules, it is inevitably followed by confusion among immigrant communities and concern among those to try to help them. That is the case following the recent release of proposed new rules on immigration by the U.S. Department of Homeland Security.

Legal experts are warning of the risks to immigrants of turning to so-called Notarios publico, who often can do more harm than good.

Con artists targeting immigrant victims commonly advertise fraudulent legal services using the Spanish title Notario publico or other foreign-language translations of "Notary Public." Unlike U.S. Notaries (who perform very specific and defined duties), Notaries in other countries are often asked to perform duties closer to those of attorneys.

Notarios in the United States often promise immigrant customers legal assistance with obtaining residency status, citizenship or other help with immigration-related matters in exchange for a fee. Unfortunately, they may also market themselves as low-cost alternatives to immigration attorneys.​

In reality, Notarios typically collect fees from victims while providing little or no real service. Victims often discover that a Notario has either provided incorrect advice or failed to actually perform any legal work whatsoever. Many victims find themselves in legal trouble or face deportation after depending on the advice of a Notario.

Because of the confusion over the role of U.S. Notaries, many immigrants may seek help from a neighborhood Notary. Legitimate U.S. Notaries who are not attorneys or authorized specialists are prohibited from offering legal advice or assisting in the preparation of immigration-related documents.

While American Notaries are not allowed to advise or represent immigrants, you can suggest a number of resources where immigrants can find legitimate help, including qualified immigration attorneys, accredited representatives and non-legal immigration consultants (sometimes known as immigration forms specialists). Note: New York Notaries may not ask for or get legal business to send to a lawyer or lawyers with whom the Notary has any business connection or from whom the Notary receives any money or other consideration for sending the business. Also, Notaries in New York may not divide or agree to divide their fees with a lawyer, or accept any part of a lawyer’s fee on any legal business. — The Editors

David Thun is an Associate Editor at the National Notary Association.

03/22/2018

03/19/2018

someday....

03/16/2018

who needs my autograph?

03/14/2018

Texas investigating notary over failure to sign Stormy Daniels nondisclosure agreement: report
BY JACQUELINE THOMSEN - 03/12/18 04:43 PM EDT

Officials in Texas are investigating the nondisclosure agreement signed by adult-film actress Stormy Daniels after it was revealed that the notary did not sign or date the document, the Dallas Morning News reported Monday.

Texas notaries are required to sign and date agreements, as well as provide a certificate verifying those who sign documents.

However, notary Erica Jackson is now facing an investigation after she failed to do all three for the 2016 nondisclosure agreement regarding Daniels's alleged affair with President Trump. Jackson’s stamp is on the document.

“Attaching your seal to a document without a notarial certificate constitutes good cause for the secretary of state to take action against your notary commission," a Texas official said in a letter to Jackson, sent last week.

Jackson told the Morning News on Friday that she did not recall the specific agreement.

The Morning News also could not reach Daniels’s attorney for comment.

Reports surrounding the agreement and a $130,000 payment to Daniels, whose real name is Stephanie Clifford, have dogged the White House for weeks. The payment, originally reported by The Wall Street Journal, came weeks before the 2016 election and after the release of the infamous "Access Hollywood" tape, in which Trump can be heard boasting of grabbing women by the genitalia.

Sam Taylor, a spokesman for the Texas secretary of state, said that the office was solely investigating “whether or not the individual complies with his or her duties as a notary public in the state of Texas.’’

It’s unclear if Jackson's missing signature or lack of certificate would impact the agreement.

Daniels filed a lawsuit against Trump last week, claiming that the nondisclosure agreement she signed to not discuss their alleged affair is void because Trump did not sign the document.

The New York Times also reported Monday that Daniels has offered to reimburse Trump the $130,000 she received from his personal lawyer, Michael Cohen, in order for her to speak publicly about the alleged affair

03/12/2018

Clara Shortridge Foltz: Opening Doors For Women To Become Notaries
By Gail R. Delaney on March 05, 2018 in Notary News

They say necessity is the mother of invention, but in the case of Clara Shortridge Foltz, a mother’s necessity paved the way to many firsts for women — including becoming California’s first woman Notary — that have since molded our nation and our justice system.

Clara and innumerable determined women like her fought hard to break barriers and open doors for future generations, and it is these inspiring individuals who we honor during Women’s History Month.

Born in Indiana in 1849, Clara’s early adult life was akin to most women of the time. She married at 15, moved to California with her husband as he sought work, and took care of her husband, children, and home. It wasn’t until her womanizing spouse left her alone to care for five children did Clara step outside the confines of a woman’s place in the 19th century.

She didn’t just step, she leaped. And she broke down walls as she went.

Becoming A Trailblazer

The daughter of a lawyer and preacher, Clara was familiar with the practice of law. At the time, there was no law school in California, so beyond apprenticing in a law office and applying to the court, the requirements were minimal. One must have been a resident in the state for six months, be of high moral character, and be a “white male citizen.”

That law changed because of her. She authored the Woman Lawyer’s Bill, which changed the language from “white male citizen” to “any citizen or person,” clearing the path for future female attorneys.

And so, Clara became a lawyer in 1878. The very first female to practice law in the state of California. That was only the beginning. Her list of “first” accomplishments is lengthy and ambitious:

First woman to attend Hastings College of Law (an education she desired, even though she was already a practicing lawyer).
First female deputy district attorney in the United States.
First woman prosecutor to try a murder case.
First female clerk or the State Assembly’s Judiciary Committee.
First woman appointed to the State Board of Corrections.
One of the original suffragettes to vote in 1911.
First female commissioned Notary Public in the state of California.
Championing Women’s Rights

Clara was an eloquent lecturer and prolific writer. She contributed articles to publications such as New Northwest and the San Jose Mercury. She also and founded and wrote for the San Diego Daily Bee and The New American Woman magazine.

She remained a staunch advocate for women’s rights and for social reform that has stretched forward even to today. She fought for state and constitutional changes guaranteeing access to jobs and education for women. The birth of our public defender system is attributed to Clara, who believed the concept of innocent until proven guilty could not be properly enforced without adequate legal counsel.

Never one to slow down, at the age of 81 Clara ran for governor of California; perhaps one of the few goals she failed to accomplish when she lost the election.

When speaking of her accomplishments, Clara said, “Everything in retrospect seems weird, phantasmal and unreal. I peer back across the misty years into the era of prejudice and limitations, when a woman lawyer was a joke… but the story of my triumphs will eventually disclose that though the battle has been long and hard-fought it was worth while.”