Patrick Grogan
3 Posts
(, AL)
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I am an employer based in MD. We hire employees in 26 different states. Historically, I have had a notary act as our agent to complete the government I-9 form on our behalf (geogrpahically it is not possible for me to meet the 72 hours requirement without using a remote agent of some type). Just yesterday, I asked a new employee to use a notary to complete section 2 of the I-9 form (as I have done for the last couple of years). The notary refused and said it was illegal?
After doing some research, I think I understand what is at issue - (it is illegal to notarize your own signature). This however does not resolve my issue - how do I satisfy the 72 hour requirement of the I9 when I dont have anyone in the region to accomplish this task?
In California, could I not ask the notary to notarize the employees signature in section 1 of the I-9, then act as an agent of our company to verify the documents presented and complete section 2. I am not asking for section 2 to be notarized, just asking for the notary to act as an agent on behalf of our company in section 2.
If my suggestion is legal and allowable, does anyone have suggestions on wording (or a template) that I can use in the instructions tha should be presented to the notary?
Thanks for your help.
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Patrick Grogan
3 Posts
(, AL)
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I should add that it was a California notary that refused to sign the I-9 section 2.
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Marian Harmon
271 Posts
(Lancaster, CA)
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There is a lot of misinformation about I9's out there. Most CA notaries just refuse to touch them because they don't understand the process.
You have to be VERY CLEAR that when you send an employee to have their I9 completed, that the Notary understand that they are being hired as trusted representative, and NOT as a notary. In these cases, the person can still say no... and it's okay for them to do so.
When it comes to notarizing and the I9, in CA a notary (acting as a notary) can:
1. Notarize the signature of the employee in Section 1.
2. Notarize the signature of the representative in Section 2.
3. Both 1 and 2.
In all of these cases, the notary cannot be the person in #1 or #2.
In other words, the notary CANNOT notarize the signature in #1 and then also complete section 2. That creates a conflict of interest... a CA notary is not allowed to notarize a signature wherein they are somehow named or involved in the document. Does that make sense?
If you hire somebody to act as the rep in Section 2, it can be anyone you trust - but you should make it clear they are acting as your rep, and you should provide a letter to them that essentially acts as a letter of agreement/contract for their services as a company representative.
SO, if you hire a notary to complete section 2 as a rep (and not as a notary), that's all they can do.
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Patrick Grogan
3 Posts
(, AL)
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Thanks for the reply. I am curious to know what exactly changed. For the last 3 years, I have used notaries to complete section 2 of the I9 without issue. Yesterday, I had an employee start work in CA, sent her to a notary and she was refused. In making some phone calls to various notaries and state authorities, I got a wide range of reasons and answers - but the message was clear, a CA notary was not going to complete section 2 of the I9.
So, I'm curious to know what are employers with remote staff supposed to do in regards to I-9 completion. It has to be done in 72 hours, and in most cases, the new remote hires (for us they are salres reps working from home) will not be near another employee within that time frame.
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Paul Williamson
103 Posts
(Inverness, FL)
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There is no reason why a notary, or anybody that the employer so designates, cannot complete and sign Section 2. Notarization is not required.
However, the employer should include a Letter of Authorization establishing the person who verifies the employees ID, as an "Authorized Representative" of the hiring company. The letter should also stipulate that no notarization is required. Also, to avoid confusion, the employer should also state why they are using a Notary Public to act as their Authorized Representative.
I think the confusion is because your are asking a "notary" to complete that section. And by inference, the notary assumes that a notarization is being requested, when in fact, no notarization is required. Only that a Notary Public is considered to be a worthy choice for the employer to act as their representative.
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Marian Harmon
271 Posts
(Lancaster, CA)
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I am called on all the time to do I9s... because I'm a a notary they trust me. But, they don't hire me to perform a notarial act. They hire me as their representative to handle section 2.
It's not complicated at all... it just how you, as the employer, approach it. As Paul suggested, you should have a letter that the notary can keep in their records wherein they were your authorized rep.
That doesn't mean that the notary your employee goes to will actually "get it" then, either. A lot don't.
You need to develop a list of notaries who *do* get it and refer your employees directly to one of them.
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