Updated 4-5-23. “Someone asked me if I can notarize his signature and also act as a witness for the document. Is that OK?”
It’s a question frequently posed to our NNA Hotline Consultants: Can a Notary serve as a document witness while notarizing a person’s signature at the same time? Generally, it’s better to say no — even when allowed by state law — because it’s easy to confuse acting as a Notary with being a document witness, creating a possible conflict of interest.
What is a document witness?
A "document witness" is an individual who watches another individual sign a document. Usually, state law will specify when document witnesses are required. In Connecticut, Florida, Georgia, Louisiana and South Carolina for example, a deed or mortgage related to real property must have witnesses present when someone signs before it can be recorded. In many jurisdictions, powers of attorney or last wills and testaments may also require one or more witnesses to be present at the signing. Witnesses typically sign the document as well.
Witnesses to these documents are not Notaries — they are private individuals. And the witnessing of a signature in this context is not considered a notarization.
Depending on the requirements for the document being signed:
- Witnesses may need to be at least 18 years of age.
- Close relatives might be prohibited from being a witness.
- More than one witness may be needed.
Can a Notary be a document witness?
If you are notarizing a signature on the document, can you also be a document witness? The answer is yes if you’re a Connecticut or Florida Notary.
Georgia and Kansas prohibit Notaries from also acting as document witnesses. Maine strongly advises against notarizing a signature and being a document witness for the same transaction.
In every other state where specific rules are not provided, such as California, Oregon and Texas, the safest course is to turn down requests to both notarize the signature and act as a document witness.
Witnessing a document may require you to sign the document — which could create a conflict of interest if you are asked to notarize other signatures on the same document. The easiest way to avoid possible conflicts is to choose to act officially as a Notary or privately as a document witness — but not both for the same transaction.
"Witnessing a signature" vs. being a document witness: What’s the difference?
Some Notaries confuse a type of notarization known as "attesting a signature" or "signature witnessing" with being a document witness. It’s easy to mix them up because both refer to “witnessing” and require you to be present when the document is signed. There are two important differences:
First, when you witness or attest a signature as a Notary, you are performing an official act authorized by your state law that only a Notary may do. And second, unlike document witnesses, Notaries must satisfy several requirements for a signature witnessing:
- Notaries must identify the individual signing the document.
- Notaries must complete a notarial certificate for the signature witnessing.
- Notaries must sign the notarial certificate for the signature witnessing with their official signature and authenticate it with their Notary seal (in most states).
- Notaries may be required to record a journal entry for the act.
- Notaries may charge a fee if permitted by statute.
Attesting a signature and signature witnessings are a different acts from an acknowledgment, and not every state authorizes their Notaries to perform them.
More than a dozen states authorize Notaries to witness signatures as a notarial act, including Colorado, Delaware and Pennsylvania. While Florida permits Notaries to act as document witnesses as private individuals, it does not authorize them to attest signatures as an official notarial act. Before signing as a document witness, a Florida Notary should ensure that the document does not require the notarization of the witnesses’ signatures.
If you are asked to act as a document witness, you are not performing an official notarization. You watch the signature being made and then sign the document as a private individual — not as a Notary. You do not complete a notarial certificate as a document witness and you may not charge a fee.
Notaries in other states should check their official state Notary website for guidance on acting as an individual witness and Notary on the same document.
David Thun is the Assistant Managing Editor with the National Notary Association.
Related Articles:
Different types of witnesses (and witnessing) Notaries may encounter
Additional Resources:
NNA Hotline