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Signer's personal presence: Understanding the importance of the personal presence of document signer's at notarizations

If you're asking a Notary to notarize the signature of a person who is not present, you're requesting a criminal act. Both you and the Notary could go to jail, be fined, or both.

The notary public must personally screen each signer for identity, willingness, and awareness, which is impossible if the signer is not present. The notary can't rely on a telephone call or their familiarity with the signer. The signer must appear face-to-face before the notary at the time of notarization. It is a crime to persuade the notary to violate this rule, and the notary could lose their license or be fined.

NOTARY BEST PRACTICES:

The notary should understand the importance of the personal presence of document signers at notarization. This is required by law and is a best practice. The most important requirement for the notary and the document signer in the notarization of a traditional paper document is the absolute obligation that the signer be physically present at the notarization ceremony. Only if the signer is personally present can several essential features about the signer be established or confirmed by the notary.

  • Only with the notary and the signer present together can the notary positively identify the signer— by observing and questioning the signer and examining an ID document(s).
  • Only with the notary and signer present together can the notary witness the making of the signer's present signature on the instrument to be notarized, or in the case of an acknowledgment notarization, can the notary take the signer's acknowledgment that she or he had previously executed the signature on the instrument to be notarized.
  • Only with the notary and signer present together can the notary take the steps necessary to diligently assess the mental competence of the signer to execute the instrument to be notarized.
  • Only with the notary and signer present together can the notary take the steps necessary to diligently assess the willingness of the signer to execute the document to be notarized.
  • In the case of a jurat (verification on oath or affirmation) notarization, only with the notary and document signer present together can the notary reliably administer an oral oath or affirmation to the singer.
  • Only with the notary and signer present together can the notary complete the notary journal entry to record the notarization, which includes a present signature of the document signer and possibly the affixation by the signer of her or his thumbprint.

Disclosure: I am not licensed to practice law or give legal advice.
However, I can help you with a variety of notary services.


The information in this blog is not intended to be legal advice.
If you have a question about a specific notary law or regulation,
please consult an attorney in your state.


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