How Notaries Can Protect Their Notary Stamp or Seal from Fraudulent Use

A notary stamp is an essential tool for performing notarial acts, and its security should be a top priority for every notary. If a notary stamp falls into the wrong hands, it can be used to commit fraud, which could result in serious legal consequences for both the notary and the victims of fraudulent activity. Here are some crucial steps notaries should take to protect their notary stamps or seals from misuse.

1. Store Your Notary Stamp in a Secure Location

Never leave your notary stamp unattended or in an easily accessible location. When it is not in use, store your stamp in a locked drawer, safe, or secure container that only you can access. If you work in an office, ensure your stamp is never left unattended or in a place where others can access it.

2. Do Not Share Your Notary Stamp

Your notary stamp is your responsibility and should never be used by anyone else, including colleagues, family members, or assistants. Allowing someone else to use your notary stamp can result in unauthorized notarizations and potential legal liability.

3. Immediately Report a Lost or Stolen Notary Stamp

If your notary stamp is lost or stolen, immediately report the loss or theft to the appropriate authorities, such as your state's notary division, law enforcement, or any relevant professional organizations. In some states, you may be required to provide a written statement about the loss or theft and take steps to obtain a replacement notary stamp.

Each state has specific laws and guidelines regarding reporting lost notary stamps and seals. Stay informed about the regulations in your jurisdiction, including requirements for securing and reporting lost or stolen notary stamps.

4. Destroy Expired or Unused Notary Stamps Properly

When your notary commission expires or if you replace your notary stamp, destroy the old one to prevent it from being misused. Cut through the rubber impression to ensure your stamp cannot be used fraudulently.

5. Take Your Notary Stamp with You When Leaving an Employer

If you change jobs or end your employment, always take your notary stamp with you, even if your employer paid for it. Your notary commission belongs to you, not your employer, and leaving your stamp behind could lead to unauthorized use. Secure your notary stamp at all times, even when transitioning between jobs, to ensure it is not misused.

6. Leave Instructions for Your Estate Representative Explaining How to Handle Your Notary Stamp

To prevent misuse of your notary stamp after your death or adjudication of incompetency, leave clear instructions for your estate representative explaining how to properly handle your notary stamp. Your representative should follow state regulations for the disposal or delivery of your notary stamp, which may include rendering it unusable or submitting it to the appropriate notary authority.

How to Protect Yourself If Your Notary Seal Is Forged

1. Make Sure You Have Notary Errors and Omissions (E&O) Insurance

Errors and omissions (E&O) insurance offers protection against unauthorized use of your notary seal up to the policy limit. Errors and omissions insurance is a crucial safeguard for notaries. It provides financial protection against unintentional errors and even fraudulent notarizations that a notary may be accused of performing.

2. Maintain a Notary Journal

Keeping a detailed notary journal can help you track every notarization you perform. If your notary stamp is ever lost or stolen, your journal can serve as a record to verify legitimate notarizations and identify any unauthorized or fraudulent activity.

Final Thoughts

Notaries play a critical role in preventing fraud, and safeguarding the notary stamp is a fundamental part of that responsibility. By taking proactive steps to secure your notary stamp, you can protect your commission, maintain trust in the notarial process, and prevent fraudulent activities. Always exercise diligence and never underestimate the importance of safeguarding your notary supplies.