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Notary Public Services Agreement

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Notary Public Services Agreement

This Notary Public Services Agreement (Agreement) is entered into as of between Client Name: with Address: and Notary / Service Provider: , Commission No.: , Commission State: , Commission Expiration: .

WHEREAS

WHEREAS, Client requires notarial acts, including but not limited to acknowledgments, jurats, oaths, attestations and certified copies (collectively, Notarial Acts), and desires to engage Notary to provide such services on the terms set forth herein; and

WHEREAS, Notary is duly commissioned as a notary public in the Commission State identified above and represents that Notary is qualified, licensed and authorized to perform the Notarial Acts described in this Agreement in accordance with applicable law and professional standards.

WHEREAS, the parties desire to record their agreement regarding the scope, compensation and other terms governing the provision of Notarial Acts by Notary to Client.

Scope of Work

Payment Terms

Client shall pay Notary the fees and reimbursements set forth below. Fees are exclusive of any applicable taxes borne by the party required to pay them.

Late payments shall incur interest at a rate of or a minimum administrative fee of , whichever is greater, calculated from the due date until paid in full.

Term and Termination

This Agreement begins on and shall continue until unless earlier terminated in accordance with this section.

Either party may terminate this Agreement for convenience upon written notice to the other party delivered at least days prior to termination. Termination for cause may be immediate if the non‑breaching party provides written notice of breach and the breaching party fails to cure within 10 days of receipt of such notice, or immediately if cure is not reasonably possible.

Confidentiality

Notary acknowledges that in the performance of services Notary may receive or have access to confidential information belonging to Client. Notary agrees to hold in confidence and not disclose or use such information except as necessary to perform the Notarial Acts or as required by law. This obligation shall survive termination of this Agreement for a period of three years.

Records; Recording of Notarial Acts

Notary shall maintain contemporaneous records (journal) of notarial acts in accordance with applicable law. Notary may keep copies, redacted as necessary to protect confidential information, and shall retain records for the period required by law. Client consents to Notary making a photographic or electronic copy of documents presented for notarization.

Client: consent to audio/video recording of the notarial act

Client Obligations; Identification

Client shall provide valid government‑issued identification for each principal whose signature is to be notarized and shall be present for any oath, acknowledgment or other required act. Client represents that the documents presented are genuine and that Client is authorized to sign them.

Indemnification and Liability

Client shall indemnify and hold harmless Notary and Notary's agents from claims, liabilities and expenses (including reasonable attorney fees) arising from Client's breach of this Agreement, reliance upon false or forged documents, or Client's failure to comply with applicable identification requirements. Notary's liability for errors, omissions or negligence shall be limited to direct damages not exceeding the fees paid by Client under this Agreement for the specific notarial act giving rise to the claim. In no event shall Notary be liable for consequential, incidental or punitive damages.

Electronic Notarization and Remote Appearance

If the parties mutually agree to electronic notarization or remote online notarization, such services shall be performed in compliance with applicable statutes and rules governing electronic signatures and remote notarization. Additional fees for electronic notarization, platform usage, or credential analysis shall be as set forth in the Payment Terms or otherwise agreed in writing.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of , without regard to conflict of law principles.

Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations, proposals and understandings. Any amendment or modification of this Agreement must be in writing and signed by both parties.

Severability; Waiver

If any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. The failure of either party to enforce any provision shall not be construed as a waiver of future enforcement of that or any other provision.

Execution

The parties may execute this Agreement in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Electronic signatures shall have the same force and effect as original signatures.

Notary / Service Provider:

By:

Date:

Client:

By:

Date:

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What the Notary Public Services Agreement Covers

A Notary Public Services Agreement is a written contract describing the scope of notarial services provided by a commissioned notary to a client. It typically sets out the type of notarizations available (in-person acknowledgements, jurats, remote online notarization where allowed), fee schedules, identification and authentication requirements, responsibilities for recordkeeping, and limits of liability. The agreement clarifies whether the notary will perform RON sessions, mobile calls with travel, or standard in-office notarizations, and whether supplementary services (copies, certified transcripts) are offered.

Why a Written Agreement Matters for Notarial Services

A clear agreement reduces disputes about fees, timing, and authentication steps, and helps ensure compliance with state notary laws and ESIGN/UETA rules for electronic records. It documents consent, preserves evidence for auditing, and defines responsibilities for journal entries and retention.

Why a Written Agreement Matters for Notarial Services

Who Typically Uses a Notary Public Services Agreement

Organizations and individual notaries use this agreement to set consistent standards for service delivery and compliance before any notarizations occur.

  • Mobile notaries and signing agents who travel to clients and need clear travel, payment and ID policies.
  • Real estate and title companies that coordinate high-volume signings and require consistent witness and journal procedures.
  • Healthcare and financial organizations that require documented processes for HIPAA, payment, or identity verification during notarization.

A signed agreement creates a written record of expectations and reduces downstream disputes for both the notary and the signing party.

Core Clauses to Include in a Professional Agreement

Include clauses that define services, fees, authentication, liability, recordkeeping, and termination to make obligations and limits explicit for both parties.

Scope of Services

Describe permitted notarial acts (acknowledgement, jurat, oath), whether RON is available, and any exclusions such as legal advice or document drafting.

Fee Schedule

List per-signature notary fees, RON session fees, travel charges, accepted payment methods, and policies for cancellations and refunds.

Authentication

Specify acceptable ID types, procedures for identity proofing (KBA or credential analysis for RON), and any required signer authentication steps.

Liability & Indemnity

State limits on the notary's liability, indemnification for third-party claims, and whether errors will be remedied by re-execution.

Recordkeeping

Define journal entries, audio-video retention for RON, retention periods, and who may access records under legal process.

Term & Termination

Set the agreement term, grounds for termination, notice periods, and obligations on termination such as final invoices and record transfer.

Step-by-Step: Completing and Executing the Agreement

Follow a consistent sequence to prepare, confirm identity, notarize, and maintain records for every signing.

  • 01
    Prepare Document: Upload or complete the agreement and confirm service options.
  • 02
    Verify Identity: Collect government ID or run KBA for RON sessions.
  • 03
    Perform Notarization: Complete the notarial certificate, witness if required, and apply seal.
  • 04
    Record Entry: Make journal entry and retain RON recording where applicable.

How to Customize and Automate Online Workflows

Configure templates and signer authentication to reflect the agreement's requirements and the chosen eSignature provider's settings.

Field Configuration
Template Upload PDF | Create reusable template with pre-placed fields
Authentication Email link | SMS code or KBA for stronger verification
Signing Order Sequential | Parallel depending on role requirements
Record Storage Cloud archive | Local export for compliance or court subpoenas

How Digital Signing and eSubmission Fit the Agreement

Confirm whether electronic signatures and RON sessions are permitted and specify required technical and authentication controls.

  • File Formats: PDF, DOCX, or PDF/A
  • Integrations: CRM, cloud storage, or case management
  • Security: TLS transport and AES-256 at rest

Ensure the platform used supports audit trails, tamper-evident storage, and any statutory requirements for RON (identity proofing and A/V recording).

Typical Routing: From Agreement to Notarized Record

A standard routing pattern ensures compliance and consistent evidence capture for each signing event.

  • Upload & Prepare: Sender uploads agreement and places signature/notary fields
  • Assign Signers: Add signer emails and set authentication level
  • Authenticate & Notarize: Signer verifies identity; notary completes act
  • Deliver & Archive: Signed copies and audit trail delivered and archived

Comparing eSignature Vendors for Notary Workflows

Platform choice affects authentication, record retention, pricing, and whether a HIPAA BAA or 21 CFR Part 11 support is available; compare core features and per-user costs.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Penalties and Risks from Inaccurate or Missing Information

I-9 fines: $281–$2,789 per violation (8 CFR)
1099 penalties: $60–$330 per form (IRC §6721)
Intentional disregard: $660+ per form, no cap
Invalid notarization: Document may be void or rejected
Journal violations: State fines, suspension or revocation possible
Privacy breaches: HIPAA penalties possible for PHI exposure

Common Mistakes to Avoid When Preparing the Agreement

  • Using informal or inconsistent signer names that do not match government ID, which can invalidate the notarial act and lead to re-execution delays.
  • Failing to specify the authentication method for remote signings, leaving uncertainty about whether KBA, credential analysis, or two-factor authentication will be used.
  • Omitting state-specific notarial language or incorrect certificate wording, resulting in rejection by recorders, title companies, or courts.
  • Neglecting to record a full journal entry or to retain RON audio-video records for the statutory retention period required by the state.

Security and Compliance Items to Include or Verify

In-transit Encryption: TLS 1.2/1.3
At-rest Encryption: AES-256
Certifications: SOC 2 Type II / ISO 27001
HIPAA Support: BAA required for PHI
21 CFR Part 11: Compliant controls available
Audit Trail: Detailed timestamps, IPs, and events

Real-World Examples of Agreement Use

These short examples show how organizations apply a Notary Public Services Agreement to different operational needs.

Optica Ventures LLC

When managing investor documents across multiple states, Optica standardized fees and RON options to streamline closings.

  • The team needed a consistent remote option to serve distant investors.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." — Brian Fitzgibbons, COO

Martin Properties

A property manager reduced in-person signings by standardizing mobile notary terms and travel charges in a written agreement.

  • This eliminated billing disputes and scheduling confusion.
  • "I can process and execute all of these documents online with 100% compliance and built-in security." — Tim Martin, Founder

Roles: Who Signs and Who Manages the Agreement

Notary Public

The notary is the commissioned public official who will perform notarial acts, maintain the journal, and ensure all identity-proofing and certificate wording meet state law; the notary is responsible for keeping the commission current.

Signing Client

The client (individual or organization) requesting notarization must provide accurate legal names, acceptable identification, and consent to the method of notarization; the client is responsible for completing pre-notary sections and paying fees.

Key Processing Milestones for a Notarized Agreement

Track milestones from agreement acceptance through final archival to ensure obligations and retention requirements are met.

01

Agreement Signed

Parties sign and accept the stated terms

02

Notarization Performed

Notary confirms ID and completes certificate

03

Journal Entry Made

Notary records details and retains evidence

04

Records Archived

Signed copy and audit trail stored securely

Time-Sensitive Considerations and Expected Turnaround

Be aware of statutory and operational deadlines that affect when a notarization is valid and how long supporting records must be available.

Same-Day Notarization:

Notarization occurs at signing; do not pre-sign or backdate documents

RON Recording Retention:

Many states require A/V retention 5–10 years after session

Commission Expiry Check:

Verify commission is valid on notarization date

Journal Access Requests:

Process subpoenas or lawful requests promptly

Fee Disputes:

Resolve within contract terms to avoid collection action

Frequently Asked Questions

Answers to common questions about validity, identity requirements, RON, witnesses, cancellations, and recordkeeping for Notary Public Services Agreements.


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