The Guarantor of Trust for Today’s Business
`
`Why Notarization Is
`More Relevant and
`Vital Than Ever
`
`CHASE EX. 1008 - p. 1/8
`
`

`

`CONTENTS
`
`Introduction ______________________________________ 3
`
`Why Notarization Is Important _____________________ 3
`
`The Different Notarial Acts _________________________ 4
`
`The Notary Public _________________________________ 5
`
`Guarantors of Authenticity ________________________ 7
`
`About the National Notary Association _____________ 8
`
`CHASE EX. 1008 - p. 2/8
`
`

`

`Trust allows our
`mobile, global,
`digital and
`anonymous
`Society to
`function.
`
`INTRODUCTION
`
`
`Trust is the lifeblood of modern society. It is the sine qua non of a complex culture in
`which business dealings between strangers are the norm rather than the exception.
`
`Trust enables the sensitive instruments of commerce and law — from deeds conveying real
`property to contracts promising essential services — to be exchanged with confidence.
`
`Trust allows our mobile, global, digital and anonymous Society to function. Without it, the
`disastrous consequence would be disorder, uncertainty and increased threats of fraud.
`
`Paradoxically, even though Society must trust strangers to conduct business, it wants
`to know as much about the transacting parties as possible to assure that its agree-
`ments and promises are made reliably.
`
`Thus, today’s Society has increased dependence on a process that enables confidence
`and engenders trust. It is reliant on a system that maintains the rule of law, preserves
`the integrity of an agreement, and ensures the authenticity of a transaction. This
`indispensable process is in place and working well, though it is often misunderstood
`and unfairly criticized.
`
`That process is called notarization, and it is more relevant and vital than ever.
`
`WHY NOTARIZATION IS IMPORTANT
`
`
`Notarization is rooted in a rich history that dates back to Roman civilization. For
`thousands of years, the process has represented the trust, assurance and legitimacy of
`official documents backed by a governing body.
`
`Though countless documents are freely exchanged in our Society, individuals and
`organizations require greater guarantees of trustworthiness and authenticity relative
`to certain agreements.
`
`Notarization imbues a written document with undeniable and unspoken intention and
`commitment, providing a singular and secure solution that gives trust a material form.
`It is the official certifying process that renders documents worthy of the public trust,
`and offers assurance that a document is authentic, that its signature is genuine, and
`that its signer acted willingly and intended the terms of the document to be in full
`force and effect.
`
` 3 Why Notarization Is More Relevant and Vital Than Ever
`
`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 3/8
`
`

`

`It is the official
`certifying
`process that
`renders
`documents
`worthy of the
`public trust
`
`An individual’s acceptance, consent or signature taken separately — or even together
`— cannot deliver the security and certainty that notarization provides.
`
`Individuals entering into agreements personally appear before an impartial and un-
`biased Notary Public, are identified as the person they claim to be, and acknowledge
`that they understand the contents of the document and signed it voluntarily.
`
`Importantly, the resulting notarized document becomes distinguishable from any other
`because of the seal and official, original signature of the Notary Public.
`
`
`
`
`
`THE DIFFERENT NOTARIAL ACTS
`
`
`Additional
`information
`on properly
`performed
`notarial acts
`
`Notarizations — more commonly called “notarial acts” — fall into three catego-
`ries: acknowledgments, jurats and copy certifications. Each category has a specific
`purpose, but all share the common aim of facilitating commerce and law through a
`network of trust.
`
`Acknowledgments. The acknowledgment is typically performed on documents
`controlling or conveying ownership of assets. Such documents include real property
`deeds, powers of attorney and, in some cases, trusts and wills. The signer must ap-
`pear in person at the time of notarization to be positively identified, and to declare
`(“acknowledge”) that the signature on the document is his or her own, that it was
`willingly made, and that the provisions in the document are intended to take effect
`exactly as written. This notarial act is authorized by law in 50 states and all other
`U.S. jurisdictions.
`
`Jurats. The jurat is typically performed on evidentiary documents that are critical
`to the operation of our civil and criminal justice system. Such documents include
`affidavits and depositions. For a jurat, the signer must appear in person at the
`time of notarization to sign the document, and to recite aloud an oath or affirma-
`tion promising that the statements in the document are true. (An oath is a solemn
`pledge to a supreme being; an affirmation is a solemn pledge on one’s personal
`honor.) A person who takes an oath or affirmation in connection with an official
`proceeding may be prosecuted for perjury should he or she fail to be truthful. This
`notarial act is authorized by law in 50 states and all other U.S. jurisdictions.
`
`Certified Copies. The copy certification is performed to confirm that a reproduction
`of an original document is true, exact and complete. Such originals might include
`college degrees, passports and other documents which cannot be copy-certified by a
`
` 4 Why Notarization Is More Relevant and Vital Than Ever
`
`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 4/8
`
`

`

`The seal is the
`universally
`recognized
`symbol of the
`Notary office.
`
`The role of a
`Notary Public
`cannot be
`replicated by
`individuals in
`the general
`public.
`
`record office such as a bureau of vital statistics or recorder of deeds. This notarization
`is not authorized in every state, but in the jurisdictions where it is allowed, may be
`executed only with certain original documents.
`
`__________________________
`
`
`
` Each state and the other U.S. jurisdictions adopt its own laws governing the perfor-
`mance of notarial acts. While different laws are largely congruent with most common
`notarizations — particularly acknowledgments and jurats — there are some unusual
`laws. In Washington state, for example, certification of the occurrence of an act or
`event is an authorized notarization. In Maine, Florida and South Carolina, performing
`a marriage ceremony is an authorized notarial act. And in Florida, Notaries may also
`verify vehicle identification numbers.
`
`Attached to, or part of, a document to be notarized is a “notarial certificate” that
`states what facts are being certified. While wording requirements differ from state to
`state, common wording in a jurat, for instance, states that an affidavit was “…signed
`and sworn to before me, the undersigned Notary Public, by John Q. Doe…” Com-
`mon wording in an acknowledgment certificate states that a document signer person-
`ally appeared “…and was known to me or satisfactorily proven to be the person who
`is described in and who executed the within instrument and acknowledged to me that
`he executed the same…”
`
`A Notarization is complete upon the affixation of the Notary’s signature and seal of
`office on a certificate. The seal is the universally recognized symbol of the Notary of-
`fice. Its presence gives a notarized document appreciable weight in legal matters and
`renders it genuine in a court of law.
`
`THE NOTARY PUBLIC
`
`Every notarization is performed by a Notary Public. Notaries must apply to a state
`agency, typically the Secretary of State — in some cases, the office of the Lieuten-
`ant Governor (Alaska) or Attorney General (Hawaii) — and submit an application
`in which they are often required to prove that they are individuals of good moral
`
` 5 Why Notarization Is More Relevant and Vital Than Ever
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`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 5/8
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`

`

`Impartiality
`also means
`that Notaries
`must operate
`independently
`and resist
`improper or
`illegal requests
`or demands.
`
`Learn more
`about Notary
`legislation
`and model
`statutues
`
`character and can skillfully and competently perform their official duties. Statute
`in some states empowers certain other public officials, such as judges and county
`clerks, to act as a Notary.
`
`Applicants are required to read and write English, but following a 1984 Supreme
`Court decision, they are not required to be U.S. citizens. Their terms of office range
`from two to 10 years, depending on the state.
`
`The role of a Notary Public cannot be replicated by individuals in the general public.
`Few other individuals have the requisite training, experience and impartiality necessary
`to positively verify the identity of a signer, assure willingness and confirm the act of
`acknowle dgment or administration of an oath or affirmation.
`
`This is why state laws and rules universally maintain that Notaries, as public officials,
`should receive no personal benefit from the transactions they notarize. They must
`also never refuse to serve a person due to race, nationality, religion, politics, sexual
`orientation or status as a non-customer.
`
`Impartiality also means that Notaries must operate independently and resist improper
`or illegal requests or demands of supervisors, customers, friends or family members.
`
`There may be times when signers, employers or other third parties request that a No-
`tary take “shortcuts” — like not requiring the personal appearance of a signer — for
`the sake of expedience. But, such improprieties are a violation of state law and can
`carry severe criminal and civil penalties.
`
`Notaries are ministerial officials who must adhere to more stringent state laws,
`directives and regulations. Consequently, Notaries, unless otherwise appropri-
`ately trained and credentialed, may not prepare documents, offer legal advice or
`explain the contents of a document to a signer. Likewise, Notaries may not advise
`a signer on any aspects of a transaction nor determine the type of notarization
`required. This determination must be made by either the signer, or the relying
`party or an attorney. A ministerial officer is liable for his negligence regardless of
`intention, as distinguished from judicial officers who are liable only for their cor-
`rupt and unintentional acts.
`
`Whether the Notary’s appointment is called a commission or a license, Notaries are
`accountable for following the law and have unlimited financial liability for any harm
`caused another person by their negligence or intentional misconduct.
`
`Notary laws in every state require that document signers always appear in person
`before the Notary at the time of notarization to authenticate their identity and their
`intention that a particular document or transaction to be in full force and effect. Yet,
`
` 6 Why Notarization Is More Relevant and Vital Than Ever
`
`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 6/8
`
`

`

`for the sake of expedience and other reasons, this is the law that Notaries are most
`often pressured to violate.
`
`The identification requirement, has, in recent years, eclipsed most of the other notarial
`obligations as a result of a more mobile society and the growing cases of identity
`theft, forgery, imposture and fraud.
`
`The issue of identification has risen to such importance that former U.S. Secretary of
`Homeland Security Michael Chertoff has stated: “In the 21st century, the most impor-
`tant asset that we have to protect is the control of our identity, who we are, how we
`identify ourselves, whether other people are permitted to masquerade and pretend to
`be us, and thereby damage our livelihood and assets.”
`
`Today, because of their familiarity with verifying identity as part of their traditional
`function, as well as for their impartiality, Notaries are now being used to verify the
`identity of individuals in a variety of situations, even for electronic transactions or com-
`munications, in which confirmation of an individual’s identity and the authenticity of
`an accompanying electronic signature must be established.
`
`GUARANTORS OF AUTHENTICITY
`
`Find out how
`Notaries uphold
`their official
`duty
`
`Twenty first-century Society knows that if it must trust complete strangers in its func-
`tions — an inescapable reality of modern life — confidence must be firmly grounded.
`It must be an unshakable assurance. And it cannot be done with blind faith. This is
`why Society relies upon the nearly five million Notaries in the United States to ensure
`that signers of important papers are who they say they are and to lend credibility to
`the intentions, obligations and performances memorialized in written documents.
`
`Properties are conveyed, contracts are honored, adoptions are finalized, estate plans
`are established and medical wishes are respected — all because documents bearing
`the authenticating signature and seal of a Notary Public are trusted.
`
`The notarial act is the foundation of trust and the Notaries who perform them are
`Society’s guarantors of integrity and authenticity.
`
` 7 Why Notarization Is More Relevant and Vital Than Ever
`
`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 7/8
`
`

`

`About The National Notary Association
`
`The National Notary Association, founded in 1957, is the leading authority on the
`American Notary office and is recognized nationally and internationally for its work
`regarding notarial customs, laws, practices and ethics.
`
`As the largest organization serving the nation’s 4.8 million Notaries, the nonprofit
`professional Association supports a membership that represents every U.S. state and
`jurisdiction — and in many other countries — by promoting best practices that bolster
`consumer protection, and by inspiring Notaries to uphold their important role as de-
`terrents to fraud.
`
`Working to preserve the national public trust, the NNA also promotes understand-
`ing about the Notary’s important role and duties in society. It has drafted and pub-
`lished the Model Notary Act to help lawmakers introduce effective legislation, and
`established The Notary Public Code of Professional Responsibility — a comprehensive
`standard for ethics, best practices and professional conduct.
`
`Through its nationally accredited educational programs and member benefits, the
`NNA provides the guidance Notaries need to comply with state laws, rules and re-
`quirements; to safeguard themselves and their employers from liability; to manage risk
`to prevent fraud and identity crimes; to perform professionally at the highest ethical
`standards; and to take advantage of opportunities that arise out of elevated levels of
`training and qualification.
`
`Media Inquiries:
`
`Phillip Browne | Communications Manager
`
`National Notary Association
`
`(818) 739-4039 | pbrowne@nationalnotary.org
`
`Main: (800) US NOTARY (1-800-876-6827)
`
`Government or Corporate Inquiries:
`
`Michael Robinson | Executive Director
`
`National Notary Association
`
`(818) 739-4050 | mrobinson@nationalnotary.org
`
`Main: (800) US NOTARY (1-800-876-6827)
`
` 8 Why Notarization Is More Relevant and Vital Than Ever
`
`© 2011 National Notary Association
`
`CHASE EX. 1008 - p. 8/8
`
`