Notary Questions & Answers

The most common Notary Questions & Answers

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• What is a Notary Public?

A Notary Public is a state official who works independently to notarize signatures on documents, administer oaths & affirmations, certify copies of certain documents, and in some states write affidavits, depositions, and protests. The most important purpose of the Notary Public is to make sure that the person who signed the document is properly identified and also recorded in the Notary journal. Please keep in mind each state has different laws and not all notarizations in all states require identification. 

• Can a Notary notarize a signature on the document if the signer is not present?

No, the signer must personally appear before the Notary Public. Some states allow a Proof of Execution where another person can appear before the Notary and swear that a third party signed a document. Again, keep in mind each state has different laws.

• Can a Notary notarize a signature on the document if the signer doesn't have identification?

State laws vary on this point. Many states allow the Notary to "personally know" the signer and notarize them without identification. Generally, a signer should have valid government issued identification such as a current drivers license, state ID, or passport. Some states allow credible witnesses to sign the Notary journal and identify the signer.

• Can a social security card, credit card, or marriage license constitute positive identification?

No. Generally, in most states, a proper identification should be a picture ID with a signature, physical description photo, and expiration date, serial number. A credit card with a picture does not meet all of those criteria, nor do the other choices.

• Who can be a credible witness?

An uninvolved person ( someone not mentioned in the document and not a family member ). Neighbors and friends are commonly used. The biggest problem with credible witnesses is that they might know the signer as "Fred" and not really know what his middle initial or last name are.

• What if a person's name on the ID and the document don't match?

If the name on the ID includes the name on the document, but is longer, then you can proceed. However, if the name on the ID is different, or shorter, then you need credible witnesses

• Capacities? What is that?

A capacity is the signer's job or position they are signing as. They could sign in their capacity as an individual, or if they are an attorney, then in their capacity as an attorney. Company president would be another capacity. Check your state laws to see if a Notary can legally certify or verify a person's capacity, but on Notary certificates, a Notary is allowed to document the signer's capacity.

• Can a Notary notarize parts of a document?

 If the Notary sees that pages are missing from the document, or if the Notary is only given the signature page of the document, that is not acceptable. The document must be in one piece ( stapled together ) and the Notary certificate must be "attached" which means stapled.

• Can a signer add pages to a document that has already been notarized?

No. The signer would have to put together a brand new document with the new page and have the whole unit notarized. Smart Notaries carry an embosser which leaves a raised seal and emboss all pages of all documents notarized during their commission. That way, if a page is swapped after the fact, it can be proven that its a swapped page and not an original.

• Can a Notary backdate?

Backdating means to record that the notarization took place on a date earlier than the notarization actually took place. It is a crime to backdate. No matter how badly your desperate clients need you to backdate, don't do it. You could lose your commission. If the notarization takes place around midnight, either date would suffice, although its best to look at your watch when they complete their signing of the journal and base the date on that event.

• Can a Notary public notarize a signature of foreign language documents?

Most states will allow a Notary to notarize signatures on documents written in a language other than English providing that the Notary section is in English. The Notary, however, must be able to communicate with the signer without a translator.

• Can a Notary certify a translation?

No. However, the signer can write a statement and swear under oath that the translation is accurate if the signer needs something in writing that is notarized. Then you are the ones certifying the translation, not Notary.

• Can a Notary notarize a signature for an elderly person who can not sign their own name?

There is a signature by mark or by "X" procedure allowed in many states. This requires two subscribing or signing witnesses to be present, sign the journal, and each witness writes part of the signer's name on either side of the X. Make sure the signer can communicate and knows what they are signing just in case the loving family members who requested you are trying to defraud the signer.

• Can a Notary notarize a signature without adding a Notary certificate?

A Notary certificate is a piece of paper with wording on it. The wording for each particular Notary act ( varies state by state ) must be either part of the document ( at the end of the document generally or after the signature section ) or attached ( stapled ) as a certificate generally to the back of the document.

• Can Notary notarize a certified copy of a birth certificate?

No. However, many Notaries do what is called a copy certification by document custodian which is where the signer swears that the copy is a true, correct, and complete copy of the original.

• Can a Notary notarize a certified copy of a marriage certificate?

No. However, many Notaries do what is called a copy certification by document custodian which is where the signer swears that the copy is a true, correct, and complete copy of the original.

• Can a Notary notarize a death certificate.?

No. However, many Notaries do what is called a copy certification by document custodian which is where the signer swears that the copy is a true, correct, and complete copy of the original. Notaries can not make certified copies of vital records. Its best to ask the government office who is the custodian of the document to give you a copy.

• Can a Notary notarize a copy of a passport or university transcripts?

Many Notaries do what is called a copy certification by document custodian which is where the signer swears that the copy is a true, correct, and complete copy of the original.

• Can a Notary notarize a document with blanks in it?

You should either have the blanks filled in or crossed out. A document with blanks in it invites the content of the document to be changed after its signed which would be a liability for a Notary public.

• Can a Notary advise the signer as to what type of notarization to do?

The Notary is not allowed to give legal advice and choosing the type of notarization would constitute legal advice

• What are some common  signatures on documents that a Notary would notarize?

Loan documents including deeds of various sorts, affidavits, contracts, powers of attorney. Immigration documents that can be notarized would constitute affidavits of support, and please check with your state Notary division regarding other immigration documents as this is a sensitive issue. For signers traveling to Mexico, affidavits of citizenship are common, as well as parental consent forms for children to travel accompanied by only one of the parents or another adult.

• What if the content of the document is wrong?

 Its not the Notary's responsibility to verify if a document is correct or not, so long as its complete and signed.

• What is a loan signer?

Loan signer is a type of Mobile Notary who is experienced and knowledgeable at facilitating loan signings which generally take place in a borrower's house.

• What if the name on the document needs to be changed per the lender's instructions?

 Initial the changes under the last several letters of the typed last name and the processor will write in or type the correct name. Then have the borrower sign the way the lender requests. Some processors will even be kind enough to forge your signers initials as a courtesy to themselves.

• Can the Notary explain the terms of a loan?

No, that would constitute giving legal advice which is prohibited. A Notary can explain where certain pieces of information are, but can not interpret a document even if they are well trained in loan documents. A notary also should not let the borrower when the loan will fund, even if the lender has told them. The borrower must be referred to the lender for all specific pieces of information relating to their loan. Just say, "Please ask your lender".