Many Texas Notaries a few years ago quit doing I-9 Forms because of the liability & the laws are somewhat confusing regarding government I-9 forms. So, after much conversation with the Texas Secretary of State directly here is the low down:
Some states might authorize their notaries to complete and attest to an I-9 form on behalf of an employer, but Texas notaries are not authorized to do so.
According to information I found in the USCIS Handbook for Employers (http://www.uscis.gov/files/form/m-274.pdf), an employer’s “designated agent” can complete the I-9 form on behalf of the employer. The handbook states, with regard to certification of Section 2 of the form, “If a designated agent or notary public completes this section, he or she must provide the employer’s name and address under his or her signature.”
So, an employer could designate an agent to complete the form. A Texas notary has no independent authority to complete the form. If you are a notary, and an employer designates you as its agent to complete the form, then you could complete the form as a designated agent. You could not put your notary stamp on it or otherwise suggest that you completed it in your capacity as a Texas notary.
So what this means in the end you are NOT allowed to put your notary stamp on any I-9 form but you can complete it as an designated agent.
Showing posts with label Texas. Show all posts
Showing posts with label Texas. Show all posts
Monday, September 24, 2012
Tuesday, September 11, 2012
A Touching Tribute to September 11, 2001 | Be A Hero-Hire A Hero
A truly a Touching tribute which we wanted to share – thank you Carl Savino for posting
Friday, August 24, 2012
The Colony cracks down on West Nile virus myths
How worried are you about the West Nile Virus? What personal changes have you done? For our family we are not walking at 5am anymore etc. Do you have a bad reaction to most of the anti-mosquitoes medicines out on the market or worried they might cause cancer....
Our family has bad reactions to these types of medicines and wonders what else we can do to protect ourselves even more. Then you add in the fact that I alone average over 700+ miles a week driving to various places not knowing the care they are taking to maintain the facility's. (homes, work places, businesses)
Below is a recent post by WFAA Steve Stoler E-mail sstoler@wfaa.com
http://www.wfaa.com/news/health/True-or-false--Myths-about-West-Nile-Virus-162153955.html
Our family has bad reactions to these types of medicines and wonders what else we can do to protect ourselves even more. Then you add in the fact that I alone average over 700+ miles a week driving to various places not knowing the care they are taking to maintain the facility's. (homes, work places, businesses)
Below is a recent post by WFAA Steve Stoler E-mail sstoler@wfaa.com
http://www.wfaa.com/news/health/True-or-false--Myths-about-West-Nile-Virus-162153955.html
Monday, August 20, 2012
Dash Notary Online Scavenger Hunt ends 9/29 & 1 in 25 chance to win!
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| Dash Notary's Online Scavenger Hunt Rules |
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Thursday, July 19, 2012
Texas Enacts Expansive New Health Privacy Law
Last month, Texas Governor Rick Perry signed a health privacy bill
into law that imposes new obligations exceeding the requirements in the
HIPAA Privacy Rule. The law, which will become effective on September
1, 2012, incorporates the expanded definition of the term “covered
entity” in Texas’s existing health privacy law and could have a broad
impact on many non-HIPAA covered entities.
Under the Texas law, the term “covered entity” includes any entity that engages in “assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information,” as well as any entity that “comes into possession of” or “obtains or stores” protected health information (“PHI”). Notably, the new Texas health privacy law:
Under the Texas law, the term “covered entity” includes any entity that engages in “assembling, collecting, analyzing, using, evaluating, storing, or transmitting protected health information,” as well as any entity that “comes into possession of” or “obtains or stores” protected health information (“PHI”). Notably, the new Texas health privacy law:
- Requires all employees of covered entities to undergo training on HIPAA and Texas’ health privacy law within 60 days of hiring (and at least once every 2 years);
- Bans the disclosure of PHI for remuneration, except that covered entities may disclose PHI to other covered entities for treatment, payment, health care operations, insurance or HMO functions, or as authorized or required by federal or state law;
- Requires covered entities to provide notice to individuals that their PHI is subject to electronic disclosure and obtain authorization for any electronic disclosure of PHI (apart from disclosures of PHI to other covered entities for treatment, payment, health care operations, insurance or HMO functions, or as authorized or required by federal or state law);
- Mandates that health care providers provide individuals with access to their PHI within 15 days of their request;
- Authorizes the Texas Attorney General, Texas Health Services Authority or Texas Department of Insurance to conduct compliance audits of covered entities that have consistently violated the Texas law; and
- Obligates the Texas Health Services Authority to develop privacy and security standards for the electronic sharing of PHI.
Tuesday, May 22, 2012
Why use Dash Notary? From Julia Kappel, RE Investor
Had Tonie not asked the questions she did, in the way that she did, I would not have known about these issues. Tonie's former real estate experience and her ability to understand the ramifications of what was being said by the listing agent and the seller in casual conversation led her to step up and refuse to notarize any documents until these issues could be resolved. Had she not been willing to do that, I may have completed the transaction and later lost the house in a legal battle. I can't say enough about how impressed I was with Tonie's professionalism and skills and how much I appreciate her saving my bacon! I'll be using her services much more in the future!
Bush Vantage Collection Corner Desk, Harvest Cherry
Thursday, February 23, 2012
(Reuters) - Nearly 12 million Americans were victims of identity theft in 2011, an increase of 13 percent over 2010
Another headline other day:
(Android Security issues) 5 million of Android devices got infected by virus, security giant Symantec says.
The above has been a well known issue with androids since the release.... with so much ID theft via phones why are folks not paying attention?
Here are a few tips:
From Javelin to avoid becoming an identity fraud victim and mitigating losses:
-
Password protect your home and mobile devices. Avoid exposing personal
information that can be used by someone else for identity verification.
- Be careful about the apps you download. Only download through a service that monitors the apps, such as iTunes.
- Share information carefully when you are on a public wifi network.
-
Monitor your credit cards by checking their use online or reading the
statements carefully. Quickly report to your credit card issuer if you
see any suspicious transactions.
-
Take data breach notifications seriously. If your data has been
accessed, consider subscribing to a credit-monitoring service, which is
often is offered for free for a year by the company that had been
breached.
~~~~~~~~~~~~~~~~~~~~~~~and more Tips from me:
1. Lock your screen with a pin code or password. While this seems simple, anything that provides an extra layer of difficulty for an untrustworthy user is beneficial.
2. Install and enable remote services. All major smartphone operating systems (Blackberry, iOS, Android, Windows Mobile) can be enabled with some or all of these features: remote lock, remote wipe, and even GPS location (for finding where your phone went) are available in many cases. This goes hand in hand with No. 3.
3. Back up your data. Either through a product that offers this functionality, or simply by copying your documents, pictures and info to your computer. This can save you in the event of a lost, stolen, destroyed, or otherwise non-functioning phone.
4. Use encryption where available. Though not offered on every platform, if you can use it, you should. Even in cases where you lock your phone, the data on your device storage can, in some cases, be accessible unless it is encrypted. This includes external memory cards, such as SD cards, installed in the device as well.
5. Use Antivirus. The mobile malware landscape is developing more quickly now than ever before, due to increased reliance on smartphones for everyday tasks such as banking, paying bills, and managing finances. As a direct result, malware writers will likely show an ever increasing interest in gaining access to your money.
Friday, January 27, 2012
The Importance Of Character....
In Leadership From The Inside Out, the late Kevin Cashman makes a powerful distinction between character, the essence of who we are, and persona, the external personality we have created to cope with our everyday life. A leader who leads through character is guided by authenticity, while the one who leads from persona is guided by image.
The former has trust and compassion as foremost guiding principles, while the latter is concerned about fear and self-interest. The leader who leads through character is focused on creating value and contribution rather than winning at all costs. Such a leader values openness and inclusion, shunning control and exclusion, the hallmarks of the leader who is driven by image.
Here are a few tips to inspire you in your leadership journey:
1. Make values actionable
Living your values every day is an important aspect of character in action. Companies go through considerable expense having consultants craft value statements that, unfortunately, end up being nothing more than motherhood statements hanging on the wall in the reception lobby. Prevent this from happening by making values actionable. “We value open communication” is vague and left to interpretation. Consider what happens if you clarify this by adding: “There are no sacred cows in this team.”
2. Be known as a promise-keeper
In The Leadership Challenge, authors James Kouzes and Barry Posner consider “Model the Way” through personal example and dedicated execution, as a foundational practice for admirable leaders. One way to put this into action is to keep your promises, to do what you say you will do. No matter how small the promise is, no matter who the promise is made to, strive to keep your word. While events may well prevent us from honoring commitments we made, don’t let a commitment slip by without getting back to people to let them know why you can’t fulfill your promise. Resolve to handle your word as precious currency and watch how your value rises in everyone’s eyes.
3. Don’t take shortcuts in quality
As Henry Ford put it: “Quality means doing it right when no one is looking.” Do you preach to your team that quality is an important value, yet when there is a crisis, you find yourself telling people to take shortcuts at the expense of quality in order to get the order out the door? Every time you do this, it erodes your authenticity in the eyes of your constituents. Eventually, when you speak about quality, they will discount it as lip service.
4. Be consistent in your dealings with others
Do you treat some people in your organization or team better than you treat others? For example, do you unwittingly complain about a member of your team to other team members? While we can easily slip into such behavior, especially when we are tired and frustrated by the day’s events, consider that this chips away at your integrity as a leader.
5. Audit your decisions
At the end of every week, get in the habit of going over each decision you made. Did your focus on the bottom line cause you to forget the impact on some people? Did your biases affect the objectivity of your actions? Are you proud? Do your actions reflect positively on you as a person of character? What could you have done better? Every action we take, no matter how small, has our character stamp on it.
According to Biology Letters’ “Cues of being watched enhance cooperation in a real-world setting,” one of the reasons we are more civilized when we know we are being watched is due to concerns about our reputation. Reputation is the quality or character that other people attribute to us; it’s the surface layer. It’s our carefully crafted profile on Facebook; it’s the multitude of recommendations that are posted on our LinkedIn profile.
Character, on the other hand, is what is deep inside us; it’s who we are on a daily basis, when things go well and when things go wrong. It’s who we are in the boardroom as well as in our living room. We have reason to be proud when both reputation and character are a mirror image of each other. Abraham Lincoln put it this way: “Character is like a tree and reputation like its shadow. The shadow is what we think of it; the tree is the real thing.” Bruna Martinuzzi President, Clarion Enterprises Ltd
_____________________________________________________________________
My whole point in posting this was to make folks think about who they are recommending and why? Is it someone or company with Character and Integrity? or is it someone you just met and liked but have no real knowledge of their company or character.
So many times in life we pass the day away with no real thought other than to make sure everything is taken care. No thought of how we are affecting others with our decisions.....
Let's start the new year with a bolder vision of who we truly are both in the professional and personal venue. By bolder vision, I meant take your expectations of 2012 and go ahead and increase it by 10%. Sit down and find out why you hamper yourself with the constraints we put on ourselves everyday because we do not have this or that. If we put away the negative thinking and do a weekly "Character" check of our decisions I truly feel 10% is a no-brainer to achieve in a yearly basis.
Tonie Boaman, Dash Notary
The former has trust and compassion as foremost guiding principles, while the latter is concerned about fear and self-interest. The leader who leads through character is focused on creating value and contribution rather than winning at all costs. Such a leader values openness and inclusion, shunning control and exclusion, the hallmarks of the leader who is driven by image.
Here are a few tips to inspire you in your leadership journey:
1. Make values actionable
Living your values every day is an important aspect of character in action. Companies go through considerable expense having consultants craft value statements that, unfortunately, end up being nothing more than motherhood statements hanging on the wall in the reception lobby. Prevent this from happening by making values actionable. “We value open communication” is vague and left to interpretation. Consider what happens if you clarify this by adding: “There are no sacred cows in this team.”
2. Be known as a promise-keeper
In The Leadership Challenge, authors James Kouzes and Barry Posner consider “Model the Way” through personal example and dedicated execution, as a foundational practice for admirable leaders. One way to put this into action is to keep your promises, to do what you say you will do. No matter how small the promise is, no matter who the promise is made to, strive to keep your word. While events may well prevent us from honoring commitments we made, don’t let a commitment slip by without getting back to people to let them know why you can’t fulfill your promise. Resolve to handle your word as precious currency and watch how your value rises in everyone’s eyes.
3. Don’t take shortcuts in quality
As Henry Ford put it: “Quality means doing it right when no one is looking.” Do you preach to your team that quality is an important value, yet when there is a crisis, you find yourself telling people to take shortcuts at the expense of quality in order to get the order out the door? Every time you do this, it erodes your authenticity in the eyes of your constituents. Eventually, when you speak about quality, they will discount it as lip service.
4. Be consistent in your dealings with others
Do you treat some people in your organization or team better than you treat others? For example, do you unwittingly complain about a member of your team to other team members? While we can easily slip into such behavior, especially when we are tired and frustrated by the day’s events, consider that this chips away at your integrity as a leader.
5. Audit your decisions
At the end of every week, get in the habit of going over each decision you made. Did your focus on the bottom line cause you to forget the impact on some people? Did your biases affect the objectivity of your actions? Are you proud? Do your actions reflect positively on you as a person of character? What could you have done better? Every action we take, no matter how small, has our character stamp on it.
According to Biology Letters’ “Cues of being watched enhance cooperation in a real-world setting,” one of the reasons we are more civilized when we know we are being watched is due to concerns about our reputation. Reputation is the quality or character that other people attribute to us; it’s the surface layer. It’s our carefully crafted profile on Facebook; it’s the multitude of recommendations that are posted on our LinkedIn profile.
Character, on the other hand, is what is deep inside us; it’s who we are on a daily basis, when things go well and when things go wrong. It’s who we are in the boardroom as well as in our living room. We have reason to be proud when both reputation and character are a mirror image of each other. Abraham Lincoln put it this way: “Character is like a tree and reputation like its shadow. The shadow is what we think of it; the tree is the real thing.” Bruna Martinuzzi President, Clarion Enterprises Ltd
_____________________________________________________________________
My whole point in posting this was to make folks think about who they are recommending and why? Is it someone or company with Character and Integrity? or is it someone you just met and liked but have no real knowledge of their company or character.
So many times in life we pass the day away with no real thought other than to make sure everything is taken care. No thought of how we are affecting others with our decisions.....
Let's start the new year with a bolder vision of who we truly are both in the professional and personal venue. By bolder vision, I meant take your expectations of 2012 and go ahead and increase it by 10%. Sit down and find out why you hamper yourself with the constraints we put on ourselves everyday because we do not have this or that. If we put away the negative thinking and do a weekly "Character" check of our decisions I truly feel 10% is a no-brainer to achieve in a yearly basis.
Tonie Boaman, Dash Notary
Monday, January 9, 2012
Are we TRULY open 24 hours 365 days a year?
yes, Dash Notary is truly 24 hours and 365 days a year. I went back over our records and see that we did over 90 signings of various types between the hours of 10pm and 6am for the year of 2011. So overall is it tons of signings? No, but we get more clients from those same signing because of the referrals. The clients that truly need our services are more than willing to help you out by reusing and referring more than the "standard hour" clients. They truly value the service(s) that we provide.
Thursday, January 5, 2012
5 Reasons You Need a Will:
1. Support your loved ones financially
If you own property and have investments and retirement accounts, a will can help you organize these assets and divide them among your family and friends. The mere fact of having a will and appointing an estate administrator can ensure that your assets go to where they are needed as quickly as possible. Plus, even if you don't have many assets to pass on, creating a will can save your family the costs of estate administration down the road.
2. Take care of your children when you're gone While wills are most often associated with money, what makes them truly valuable is their ability to help you care for your family. If you have children or are the main caretaker of an elderly or sick relative, you'll want to make sure that they are taken care of by someone you approve of after you are gone. You can use a will to name a guardian for your children or other dependents, someone who shares your values and concerns for your loved ones. Without a will, or even without such a provision in your will, your children could become wards of the state.
3. Make your wishes and preferences known If you have something specific in mind for your memorial service, are particularly attached to a certain charity, or have a certain family heirloom that you'd like to set aside for one of your relatives, make these known in your will. Unless you write down your wishes, your family may not be able to carry them out, either because they have no way of knowing what it is you wanted, or there is disagreement among them. By setting down your preferences, you'll ease the stress on your loved ones who are left to handle your affairs, since they can always look to the provisions of your will for guidance.
4. Plan for your family's particular dynamic, not just your state's laws In this day and age, many individuals have children or assets from different marriages. If you don't create a will before you die, your state's laws may leave everything to your spouse or to your next of kin. If you would like to spread your property differently, you'll need to make a will that specifically addresses your situation. Because these circumstances change throughout your life, it's important to revise your will after any major life events, such as marriages, divorces, childbirth or adoptions, retirement, or even death of a relative.
5. Peace of mind There's no reason not to make a will - it helps your family emotionally and financially, it's one of the most straightforward estate planning documents you can create, and for the next month, it's free if you create your will online with Rocket Lawyer!
*I always advise the use of an attorney with any legal documents you may not fully understand.
2. Take care of your children when you're gone While wills are most often associated with money, what makes them truly valuable is their ability to help you care for your family. If you have children or are the main caretaker of an elderly or sick relative, you'll want to make sure that they are taken care of by someone you approve of after you are gone. You can use a will to name a guardian for your children or other dependents, someone who shares your values and concerns for your loved ones. Without a will, or even without such a provision in your will, your children could become wards of the state.
3. Make your wishes and preferences known If you have something specific in mind for your memorial service, are particularly attached to a certain charity, or have a certain family heirloom that you'd like to set aside for one of your relatives, make these known in your will. Unless you write down your wishes, your family may not be able to carry them out, either because they have no way of knowing what it is you wanted, or there is disagreement among them. By setting down your preferences, you'll ease the stress on your loved ones who are left to handle your affairs, since they can always look to the provisions of your will for guidance.
4. Plan for your family's particular dynamic, not just your state's laws In this day and age, many individuals have children or assets from different marriages. If you don't create a will before you die, your state's laws may leave everything to your spouse or to your next of kin. If you would like to spread your property differently, you'll need to make a will that specifically addresses your situation. Because these circumstances change throughout your life, it's important to revise your will after any major life events, such as marriages, divorces, childbirth or adoptions, retirement, or even death of a relative.
5. Peace of mind There's no reason not to make a will - it helps your family emotionally and financially, it's one of the most straightforward estate planning documents you can create, and for the next month, it's free if you create your will online with Rocket Lawyer!
*I always advise the use of an attorney with any legal documents you may not fully understand.
Wednesday, December 14, 2011
Another question that keeps coming up, Can you back-date a mortgage?
Back-dating a loan signing is both unethical and illegal, as you would be knowingly notarizing a document that contains false information.
Furthermore, a document dated after the date of notarization risks rejection by a recorder, as it indicates it was notarized before it was signed. This occurrence would cause delays in the document processing, and you could be held liable for any resulting legal damages.
Furthermore, a document dated after the date of notarization risks rejection by a recorder, as it indicates it was notarized before it was signed. This occurrence would cause delays in the document processing, and you could be held liable for any resulting legal damages.
Thursday, September 1, 2011
Help Support Great Charity While giving others great trustworthy notary service!
Facebook Deal Supporting Twin Towers Orphan Fund
I am happy to help support Twin Towers Orphan Fund this month every deal that is closed I will donate $3.00 ♥ http://www.ttof.org/html/ Please share this deal with anyone whom needs notary services day or night in N. Texas. Help Me Help A Great Cause on the 10th Anniversary!
I am happy to help support Twin Towers Orphan Fund this month every deal that is closed I will donate $3.00 ♥ http://www.ttof.org/html/ Please share this deal with anyone whom needs notary services day or night in N. Texas. Help Me Help A Great Cause on the 10th Anniversary!
Monday, August 29, 2011
Is there a specific Texas law that prohibits a notary from notarizing their own document or one in which they have a financial interest?
RESPONSE:
You would like to know which Texas law prohibits a notary from notarizing his or her own document, or a document in which he or she has a financial interest.
A statement on the Texas Secretary of State’s website provides a quick answer to your concern: “…notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper.”
However, as you have accurately determined, a specific Texas law does not exist to answer to your question.
This notary rule has been determined through rulings of higher Texas courts. Two cases that can be cited are Morris v. Dunn, 164 S.W.2d 562, 563 (Tex. Civ. App.–Fort Worth 1942, no writ); and Terrell v. Chambers, 630 S.W.2d 800. Both of these cases are summarized in the American Association of Notaries’ Texas Notary Public Manual, 2nd edition, 2006 (25-26).
However, the Texas Legislature has specified two situations in which there are no such disqualifications:
-An employee of a corporation may take an acknowledgment or proof of a written instrument in which the corporation has an interest, or
-An officer of a corporation who is a shareholder in the corporation may do likewise unless the corporation has 1,000 or fewer shareholders and the officer owns more than one-tenth of one percent of the issued and outstanding stock.
These are outlined in Texas Civil Practice and Remedies Code, Section121.002.
It stands to reason that if one cannot notarize a document in which he or she has a financial or personal interest in, one cannot notarize his or her own document.
Good Rules to Follow in All States:
A notary public taking an acknowledgement cannot also be:
-a party to the instrument, e.g. grantor or grantee, including named Trustee in a Deed of Trust
-a spouse of a party to the instrument
-a person having a direct financial interest/stake in the transaction producing the instrument, e.g. real estate broker
-a person acting as agent or attorney-in-fact for another party to the instrument
You may also be interested in reading an emailed newsletter article that the AAN published in May, 2011. Examining Notary-Family Conflicts of Interest explains why no state’s laws allow or encourage a notary to notarize a document in which he or she may have a personal or financial interest.
You would like to know which Texas law prohibits a notary from notarizing his or her own document, or a document in which he or she has a financial interest.
A statement on the Texas Secretary of State’s website provides a quick answer to your concern: “…notarizations should not be performed by a notary public who is a party to the instrument or financially or beneficially interested in the transaction. The facts in each situation will determine whether the notary’s action was proper.”
However, as you have accurately determined, a specific Texas law does not exist to answer to your question.
This notary rule has been determined through rulings of higher Texas courts. Two cases that can be cited are Morris v. Dunn, 164 S.W.2d 562, 563 (Tex. Civ. App.–Fort Worth 1942, no writ); and Terrell v. Chambers, 630 S.W.2d 800. Both of these cases are summarized in the American Association of Notaries’ Texas Notary Public Manual, 2nd edition, 2006 (25-26).
However, the Texas Legislature has specified two situations in which there are no such disqualifications:
-An employee of a corporation may take an acknowledgment or proof of a written instrument in which the corporation has an interest, or
-An officer of a corporation who is a shareholder in the corporation may do likewise unless the corporation has 1,000 or fewer shareholders and the officer owns more than one-tenth of one percent of the issued and outstanding stock.
These are outlined in Texas Civil Practice and Remedies Code, Section121.002.
It stands to reason that if one cannot notarize a document in which he or she has a financial or personal interest in, one cannot notarize his or her own document.
Good Rules to Follow in All States:
A notary public taking an acknowledgement cannot also be:
-a party to the instrument, e.g. grantor or grantee, including named Trustee in a Deed of Trust
-a spouse of a party to the instrument
-a person having a direct financial interest/stake in the transaction producing the instrument, e.g. real estate broker
-a person acting as agent or attorney-in-fact for another party to the instrument
You may also be interested in reading an emailed newsletter article that the AAN published in May, 2011. Examining Notary-Family Conflicts of Interest explains why no state’s laws allow or encourage a notary to notarize a document in which he or she may have a personal or financial interest.
Saturday, June 25, 2011
50 Business Directories for Marketing
50 Business Directories For Local Marketing
1. Google2. Bing
3. Yahoo!
4. Yelp
5. Merchant Circle
6. LinkedIn
7. YellowPages.com
9. Whitepages
10. Supermedia
11. Yellowbook
12. CitySearch
13. Mapquest
14. Biznik
15. Local.com
16. Foursquare
17. ThinkLocal
18. CitySlick
19. USYellowPages
20. MyCity
21. Outside.in
22. Dex
23. BizJournals.com
24. TeleAtlas
25. Justclicklocal
26. Discover our Town
27. Metrobot
28. Best Deals on
29. twibs
30. LocalEze
31. Kudzu
32. CityVoter
33. Manta
34. Zipweb
35. MatchPoint
36. UsCity.net
37. Local Site submit
38. InfoUSA
39. Axciom
40. Infignos
41. Yellowassistance
42. ChoiceVendor.com
42. Myhuckleberry
43. Genieknows
44. MojoPages
45. Brownbook
46. Magic Yellow
47. CitySquares
48. TeleAtlas
49. Navteq GPS
50. Judysbook
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