So many owners have told us that the only thing stopping them from sending in their Written Consent form is the need for a notary. The notary requirement is one we would have gladly skipped, but our attorney warned that not having a notary certification on each form would create a potential claim of fraud.
All forms need to be notarized. Normally, we only see notaries when buying or selling a home or signing a will. For most people these are not frequent activities. We are hoping a quick set of reminders will help get many owners over the hump.
Notaries are available many places. Wherever you find a notary, the seal will be honored in North Carolina. Follow this list in order of ease:
- Your bank – almost always has a notary in the branch. Often notarization is free if you have an account.
- Public Library, commonly free
- UPS or FedEx stores are very convenient, not free
- Real Estate firms, usually
- Your employer may have a notary in the Legal or HR department
- Law Offices, always
- Print out the form and complete it, but do not sign it yet
- Go to the notary you found above
- Sign the form in front of them
- Provide your driver’s license or passport as identification
- The notary will examine the driver’s license to identify you
- Often, they will record your information in their logbook and you may be asked to sign. This is in case the notarization is ever challenged.
- The notary will fill in the Certification section, sign, date, and stamp the form. The form will be returned to you.
- All owners need to sign for Joint or Partnership, but they can sign different copies of the form. The attorney will match them up.
- For Trust ownership, use the Trust form. All Trustees must sign, but they can sign different copies of the form. Fill in the exact name of the Trust (we can find it for you). When you sign your name, write “Trustee” after your signature.
- For LLC ownership, use the Corporation form. Fill in the name of the LLC. When you sign your name, put your corporate title after your signature. It might be Manager, CEO, President, Owner, etc. It is never Registered Agent.
- Mail the form directly to the attorney. The address is at the top of page one.
Getting the Written Consent form notarized is not be a burden. Total time at the notary should be well under 15 minutes if you are prepared. The forms notarized at the Annual Meeting by our mobile notary usually took less than 10 minutes, unless the owners wanted to chat. If not free from your bank, notary fees run between $2 and $15 depending on state laws. The need for a notary should not be an obstacle to submitting your form. Over 560 forms have been submitted already.
If you have any questions, or need a blank form please reply to this email.
The Governance Committee,
Al, Rick, Jean, Dennis, Chris, Greg, Jim, and Robert