Notary Error or Mistake, Correction

Notary Error or Mistake, Correction

Colorado notary law does not include a correction procedure to correct a notary error or mistake on a notarial certificate.  Occasionally, there may be a notary error or mistake, such as a missing stamp, missing signature or date, missing venue, a misspelled name or some other incorrect information.

It is a best practice for the notary to double-check the notarial certificate before the customer leaves and to have the customer check the document.  That should catch an error on the spot.

Model Notary Act

Since Colorado notary law is silent on this subject, the notary should look to industry standards and practices for guidance.  If a notary error does happen, the Model Notary Act, published by the National Notary Association (NNA), Section 9-3, describes a procedure for making corrections.

A Notary may correct an error or omission in a notary certificate if:

1) the original certificate and document are returned to the notary

2) the notary verifies the error by checking written evidence such as the journal, document, ID, etc.

3) the notary legibly corrects the certificate, initials and dates the correction, (cross out incorrect information with a single line, print correct information neatly), or replaces with a corrected certificate

4) add a note to the pertinent journal entry describing the nature and date of the correction

No Loose Certificate

The notary must not send or provide a separate completed or blank loose certificate.  The notarial certificate must be attached to the original document.

If the customer needs to change the type of notarial certificate, from an acknowledgment to a jurat, or vice versa, a new certificate and notarial date must be attached.

A notary must use reasonable care to avoid a notary error or omission.  For liability protection, a notary should buy a notary errors and omissions (E&O) insurance policy.

Visit our website for Colorado Springs Mobile Notary services or Colorado Notary Training classes.

[Last-Modified Date 2017-03-28] add review schema, add page links, new image

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