Many Notaries are asked to notarize for a representative signer — a person signing a document on behalf of another individual or a business entity. This situation is also referred to as signing in a “representative capacity.”
Because state laws vary, Notaries must understand what a representative signer is, what certificate wording to use, and whether they must verify the signer’s authority.
This guide explains the essential rules and state variations every Notary should know when notarizing for representative signers.
What is a representative signer?
A representative signer is an individual who signs a document as an agent or authorized representative of another person or legal entity. Common examples include:
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An attorney-in-fact signing under a power of attorney
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A corporate officer or company executive signing business documents
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An authorized officer signing for an organization, LLC, partnership, or government agency
In most states, notarizing for a representative signer follows the same process used for a standard acknowledgment or jurat. However, Notaries must understand important limits:
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An attorney in fact generally cannot take an oath on behalf of the principal.
For example, if John Doe signs on behalf of Jane Smith and requests a jurat, John cannot swear that “Jane Smith” declares the document to be true.
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John can swear to the truth of the document in his own name, such as:
“I, John Doe, swear that the contents of this document are true.”
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Illinois is the only state that permits a signer to take an oath or affirmation in a representative capacity.
What Notary wording do I use for a representative signer?
It depends on your state. Some, like Colorado, Florida, Nevada, Oregon, Pennsylvania and Texas, require Notaries to use different certificate wording when notarizing for someone signing as a representative instead of as a private individual. However, California Notaries must use the same acknowledgment wording whether the person is signing as an individual or in a representative capacity.
While California Notaries may sometimes use another state's notarial wording for documents that will be filed in another state, they may not use out-of-state wording asking a Notary to certify a signer's representative capacity or make other determinations not allowed by law. For example, a California Notary could not complete notarial wording that read, "On this day, before me personally appeared John Doe, known to me to be the president of XYZ Incorporated, and acknowledged said instrument for that corporation."
Do I verify the signer’s representative status?
Whether you need to verify a signer's status depends on the state where you are commissioned. As mentioned previously, California prohibits its Notaries from certifying a signer’s status as a representative.
Other states, such as Hawaii, Montana and Utah, require their Notaries to confirm the signer’s status.
In Utah, a signer acting in a representative capacity must either present satisfactory evidence of their authority to the Notary or provide a sworn statement or affirmation to the Notary that the signer has proper authority to execute the document.
Key Takeaways for Notaries
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A representative signer signs on behalf of an individual or business entity.
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Certificate wording varies by state; some require specific wording, while others don’t.
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States differ on whether Notaries must verify the signer’s representative authority.
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Never assume that standard jurat or acknowledgment rules cover representative capacity; always check your state’s requirements.
David Thun is the Editorial Manager with the National Notary Association.
Related Articles:
Notary FAQs: All about powers of attorney
Additional Resources:
State Notary Law Summaries