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Notary Bulletin

Hotline Tip: My Supervisor Is Asking Me To Perform An Unauthorized Notarization!

NNA Hotline Tips For NotariesMy supervisor asked me to notarize documents for a client who was unable to be present at the time of the notarization. When I told her that I could not do this, she seemed upset because I had met the client several times. How should I handle this situation, without risking losing my job? — D.C., Plano, TX

This is a sticky predicament that, unfortunately, happens all too often to Notaries in the workplace. You were correct to refuse the notarization for a signer who doesn’t appear physically before you. You should explain to your boss that, as a Notary, you are a public official who has pledged under oath to follow the Notary laws prescribed by your state. Remind your boss that, by following the law, you are protecting yourself, the company, and the public. In addition, in certain instances, the Texas Civil Practices and Remedies Code (CPRC) permits a witness who has signed a document to take an oath administered by a Notary to prove the absent principal signer signed the document. The requirements for this procedure, generally called a “proof of execution,” are found in CPRC 121.009.

Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. –The Editors

 

Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST

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