Updated 6-30-23. Some states authorize their Notaries to perform an act known as “signature witnessing” or “attesting a signature.” This act can be confusing for Notaries because it is similar to an acknowledgment. However, acknowledgments and signature witnessings are separate acts with different requirements. Here’s what makes a signature witnessing different.
1. For a signature witnessing, the Notary must witness the document being signed
In states such as Colorado and Pennsylvania, a signature witnessing is used when it is important to establish that a document was signed on an exact date. Like an acknowledgment, a signature witnessing requires the signer to physically appear before a Notary and be identified as required by state law.
The key difference is that for a signature witnessing, the signer must always sign the document in the Notary’s presence. After witnessing the document being signed, the Notary then completes the appropriate certificate wording for the signature witnessing.
An acknowledgment, on the other hand, does not require the Notary to witness the signature in most states. The customer may sign it in front of the Notary or even before coming to the Notary as long as they appear before the Notary to be identified and to acknowledge having signed the document.
2. A signature witnessing doesn’t require the signer to make a verbal declaration
When performing an acknowledgment, a customer must verbally acknowledge that he or she signed the document. For example, the signer might say to the Notary, “I acknowledge I am the person who signed this document,” or the Notary might ask, “Do you acknowledge that you signed this document willingly?” and the signer could respond, “Yes, I did.”
A signature witnessing does not require the signer to verbally declare anything to the Notary. The Notary identifies the signer, the signer signs the document in front of the Notary, and the Notary then completes the certificate confirming when the signature was made.
3. Not all states permit Notaries to witness signatures
While Notaries may perform acknowledgments in every U.S. state and territory, not every state allows Notaries to attest a signature. For example, Notaries in California, Florida and Texas are not authorized to perform signature witnessing notarizations as part of their duties. Also, performing a signature witnessing is not the same as a request to serve as a document witness in a non-notarial capacity, and Notaries must be very careful not to confuse the two.
How do you recognize when a document requires a signature witnessing? You can recognize a signature witnessing by looking at the notarial certificate. If it says, “Signed (or attested) before me…”, then it is a signature witnessing.
If you are commissioned in a state that does not allow signature witnessings and a customer asks for one, explain to the customer that state law does not permit you to perform this kind of notarization. If the customer wishes, they can choose a different type of notarization — such as an acknowledgment or jurat — as an alternative. However, remember that it is up to the customer to decide what notarization they want and, as a Notary, you may not choose the type of notarization on their behalf.
David Thun is the Assistant Managing Editor with the National Notary Association.
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Notary Essentials: The difference between acknowledgments and jurats
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