When do I sign a notarized document?

When do I sign a notarized document?

You've been told to get a document notarized with a notary public but what do you do with your documents until the appointment? Do you fill them out? Do you sign where your signature is needed to make the appointment faster? Let's find out what the law requires for your signature on notarial acts.

Different notarial acts mean different signature regulations

If you have ever gotten a document notarized before then you know that the notary public has asked you, "Do you need an acknowledgment or a jurat?" Most of the time, a document signer will not come into the appointment with knowledge of which notarial certificate should be used for their documents. The notary public can only let the signer know the difference between the two so they can make their own educated decision on the notarial act. If they are still unsure which one to use, the notary public will direct the signer to reach out to the person or organization who is requesting the documents be notarized. Most notaries would be happy to help assist with this conversation.

Acknowledgment

A notary acknowledgment is a notarial act that serves as proof of execution of an instrument (such as a deed, contract, or other legal agreement). It provides evidence that the person signing the document did so willingly and voluntarily. A notary's signature on an acknowledgment indicates that they verified his or her identity by the person appearing personally present to the signer (face to face). The purpose of this verification is to ensure that all parties involved in a transaction are who they say they are. Notaries also certify documents such as wills and deeds, making them legally binding. Furthermore, some states require certain documents to be acknowledged by a notary for them to be accepted in court proceedings. In short, the notarial act known as an acknowledgment provides an extra layer of security for important transactions involving multiple parties.

Jurat

A notary jurat is a notarial act that is signed by an individual in the presence of a Notary Public. The individual signing the document must be identified and must swear or affirm (take an oath) that the information provided therein is true and accurate to the best of their knowledge, by penalty of perjury. A notary jurat also serves as proof that a person has acknowledged certain facts, such as their identity, for legal purposes, just as in the acknowledgment notarial act. This also requires the signer to be in the presence of the notary, especially since the notary will be administering oaths. A properly completed notarized statement can be used in court proceedings if necessary. It is important to note that not all documents require a Notary Jurat; however, it can provide additional security when needed.

Can I Sign before the notary gets there?

The question of if a document can be signed before the notary gets there depends on which notarial act it requires. If the notary public needs to perform notarial acts of an acknowledgment then signing before is ok. When the notary public reviews the documents, after verifying the signer's identity, the notary will ask the ID'ed person/ intended signer if that is their signature. If a person's signature matches their ID, the law says they can proceed (please check with your state).

However, if the document requires a jurat for the notarial act performed, the answer is no. The notary must witness with signature in personal appearance.

What happens if a notary does not witness signature from a document?

With the acknowledgment of notarial acts, this is fine. If a notary sees a pre-signed document that requires the notarial act of a jurat it must be re-signed while in their presence. It is not the end of the world, however.

How does a person whose signature is being notarized get properly identified by the notary?

There are multiple ways to get properly identified for a notary public. Please check with your notary and your document requestor on what you can do for your documents and your state. These ways are what the notary public uses to deter fraud and abide by state laws for your protection and creates what is called "Satisfactory evidence" of your identification.

Federally issued IDs

A Federally issued identification card is the easiest for a notary public to authenticate a signers identity claimed on the document. A driver's license, passport, or DMV-issued non-driver's license identification card will work great. Ferdally issued IDs are a great way to provide satisfactory evidence. These IDs, however, can only be used if they are valid (meaning non-expired) and match the name on the document. Notarial services cannot be conducted with IDs that do not match or on expired IDs (see your state law not federal law for exceptions).

Credible Witness

If you are unable to produce a valid identification card for your notary to create satisfactory evidence that you are the intended signer, you can provide what is called a "credible witness." A credible witness is someone who will state they have personal knowledge of the signer while under an oath or affirmation by penalty or perjury. This sworn statement by two people brought in to the notary public as a credible witness help create satisfactory evidence to perform the notarial act where the notary believes your identity to be validated.

In summary

While it’s true that you can prefill out and pre-sign documents before the notary public arrives, there are some exceptions to this rule. If your document requires a jurat instead of an acknowledgment, then the notary will ask you to resign the document in their presence. This is just one more example of how important it is to understand all the requirements of your document before you sign it – otherwise, you might have to do a little extra work.