United States Navy Federal, State & Territorial Notary Eligibility & Training Requirements Effective 2021

law banner 8

References (Legal Authorities)

Statutory (a) 10 U.S.C. § 1044a
DOD Regulation (b) DOD INST 1100.21 (series)
Navy Regulation (b) JAGINST 5800.7 (series) Ch-3, Section 0902
Navy Regulation (c) JAGINST 5801.2 (series) Sections 7—9
State or Territory Notary Licensing Statutes &Regulations (d) Persons not eligible under References a-c as federal 10 U.S.C. § 1044a notaries or who are concurrently eligible for both 10 U.S.C. § 1044a and a state or territorial appointment must adhere to both the Navy regulations and their respective state or territorial regulation when the state or territorial requirements conflict with these Navy requirements. Conflict requires notification to Code 16. All state or territorial notaries must complete the required Navy JAG Corps Notary Training available only on the NJS Blackboard in addition to any state or territorial required training.

Eligible Persons

10 U.S.C. § 1044a; See (b) JAGINST 5800.7 (series) Ch-3, Section 0902

  1. All civilian attorneys serving as legal assistance attorneys and all civilian legal assistance attorney volunteers after being duly authorized by the JAG or SJA to CMC in accordance with DoD Instruction 1100.21 (series);
  2. For the performance of notarial acts at locations outside the United States, all civilians employed by the DON supporting legal assistance offices;
  3. All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status;
  4. All officers in the grade of O-4 and above;
  5. All commanding and executive officers;
  6. All commissioned legal officers and commissioned or enlisted assistant legal officers;
  7. All commissioned administrative officers;
  8. All Marine Corps officers with MOS of 4430 while assigned as legal administrative officers;
  9. All judge advocates, including Reserve judge advocates regardless of duty status;
  10. All legalmen; JAGINST 5800.7F CH-3 30 Mar 20 9-6
  11. All Marine Corps legal services specialists while serving in legal billets under the direct supervision of a judge advocate or a
  12. Military personnel who are temporarily or permanently assigned to a Region Legal Service Office (RLSO) who are appointed by the RLSO commanding officer to perform 10 U.S.C. § 1044a notarial acts under the direct supervision of a legal assistance attorney or a command services attorney at such RLSO. All notary seals or stamps issued to such military personnel will be retained by the RLSO commanding officer′s authorized designee and destroyed upon termination of assignment to the RLSO; and
  13. All civilian paralegals serving at military legal assistance offices, supervised by a military or civilian legal assistance counsel (as defined in 10 U.S.C. § 1044d(g)).

Training Requirements

(c) JAGINST 5801.2 (series) Sections 7—9. The training is available through the Naval Justice School Blackboard.

Who When
All officers performing notary acts for Navy affiliated personnel or on the execution of their official duties Before completing a notary act in the course of their navy employment and every 3 years thereafter
All enlsited performing notary acts for navy affiliated personnel or in the execution of their official duties Before completing a notary act in the course of their navy employment and every 3 years thereafter
All civilians performing notary acts for navy affiliated personnel or in the execution of their official duties Before completing a notary act in the course of their navy employment and every 3 years thereafter

Exam Process

  1. Request an online account at Naval Justice School Blackboard
  2. Enroll in the course which is located in the civil law folder of the course catalog
  3. It is a self paced course you must complete within 40 hours with a passing score of 75 or higher
  4. It has a training guide and material but you can use any additional printed material to supplement learning
  5. Upon passing, screen shot the congratulations notice; download and complete the notice of duties and responsibilities form and:
    • Fleet based officers and enlisted federal notaries and independent duty Judge Advocates and Legalmen please email your passing notice screen shot and completed Duties and Responsibilities form to Code16AO@us.navy.mil who will issue you your certificate authorizing you to perform notary acts in the course of your Navy employment
    • Region Legal Service Office (RLSO) staff shall present their congratulations you passed screen shot and completed Duties and responsibilities to the first O4 or higher in their chain of Command who will then issue your certificate authorizing you to perform notary acts in the course of your Navy employment. Email Code16AO@us.navy.mil for blank certificates.
    • Certificates shall be prominently displayed in your workstation

Annual Reporting Requirements

Each RLSO Office shall provide a roster of all certified 10 U.S.C. § 1044a and State or Territory Licensed notaries to Code16AO@us.navy.mil no later than 1 December annually.

Independent duty staff judge advocates and legalmen performing notary services shall provide a roster of all certified 10 U.S.C. § 1044a and State or Territory Licensed notaries to Code16AO@us.navy.mil no later than 1 December annually.

Information on state notaries will also include the date the commission was issued, the date the commission expires, the amount and duration of errors and omissions insurance, and the notaries’ state identification number located on his or her seal.

Requests for approval of an overseas civilian to act as a 10 U.S.C. §1044a notary shall be forwarded to the Judge Advocate General, in writing, via Code 16. Any such civilian will be required to complete the notary training and requirements.

Notary Supplies

Mandatory mission essential notary gear and supplies for all Navy personnel performing notary acts in the course of their Navy Employment.

  • Notary Log Books: Log books can be obtained at/from any Region Legal Service Office after presenting the RLSO with a copy of their notary certificate and signed duties and responsibilities form. Command legal and administrative officers must also provide their appointment letter and projected rotation date if in the paygrades of O-3 and below.
  • Thumb Print Ink Pad: To protect the customer and the notary from a potential challenge regarding the validity of the notarial act, all 10 U.S.C. § 1044a notaries must possess a thumb print ink pad so they can take the thumb print of the customer for inclusion in their notary log book (unless COVID or other health factors preclude using the same). Commands are responsible for procuring thumb ink pads for their federal notary staff. See LAPA 05-21 - Changes to Procurement of Notary Supplies.
  • Notary Seals: Non-RLSO Commands are responsible for procuring notary seals and ink pads utilizing internal command funds for all their federal notary staff. There is no mandatory brand or source for the seals. Blue ink is preferred. Fore sample templates showing the proper verbiage and instructions to be followed when procuring notary seals: See LAPA 05-21 - Changes to Procurement of Notary Supplies. Use of Command Names on notary seals is strictly prohibited for all personalized notary seals and all RLSO staff notary seals.

Optional (not recommended by Code 16)

navy_jag_embosser

If a Navy command deems an embosser necessary, it must fund the purchase of the embosser. There is no requirement for brand. However, the embosser must include only the following language: “U.S. NAVY JAG CORPS” and “10 U.S.C. 1044a.” The embosser may never be used as a notary seal or substituted for the above required notary seal. The embosser is purely esthetic and does not meet the Navy’s requirements. The below image depicts the only authorized verbiage and art work for an embosser that satisfies Navy’s requirements. Use of Command names on embossers is strictly prohibited.

DEV