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Do I need to record document witnesses in my journal entry?

Does Nevada allow a notary to be a witness on a document they are also notarizing? Also, does a witness need to be entered in the journal entry?A.C., Nevada

Nevada law does not address this issue of acting as a witness and the Notary on the same document. However, if the witness’s signature must be notarized, you cannot be a witness because a Notary cannot notarize his or her own signature. You are not required to record the witness’s information in your journal. However, it is a best practice to add a notation in your journal, such as, “John Doe signed as witness.”

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

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4 Comments

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Mike in Tx

03 Jan 2022

If you are recording a witness in a journal, is there any duty to identify the witness? While not notarizing the actual witness signature, is noting that witness any more relevant than any other written information on the document? Should you accept a witnessed document without notarizing the actual witness, is there any legal duty to identify that witness and if not, why should it be included in the journal entry?

National Notary Association

05 Jan 2022

Hello. For each notarization performed, a Texas Notary must record the following (GC 406.014[a] and CPRC 121.012[a] through [d]): 1. The date of each document notarized; 2. The date of the notarization; 3. The name of the signer, grantor, subscribing witness or maker; 4. The signer’s, grantor’s, subscribing witness’s or maker’s mailing address; 5. Whether the signer, grantor or maker is personally known by the Notary; was identified by an ID card issued by a governmental agency or by a U.S. passport; or was introduced to the Notary and, if so, the name and residence address of the introducer; 6. If the document is proved by a subscribing witness, whether the witness was personally known by the Notary or introduced, and, if introduced, the name and mailing address of the introducer; 7. The name and mailing address of the grantee; 8. If land is conveyed or charged by the document, the name of the original grantee and the county where the land is located; and 9. A brief description of the document.

Varun Kapoor

06 Jan 2022

Its for CA , In Durable POA , do the notary have to record both witnesses information in his journal entry or just check their id and record principal's information. 2. In loan docs like reverse mtg , there are sometimes docs require witness , so notary has to record witness information or its fine to see their sign.

National Notary Association

13 Jan 2022

Typically, the signatures of witnesses are not notarized and therefore, a Notary would not review their ID nor would their information be entered in the journal. If you received instructions to notarize the signatures of the witnesses, they you would identify them and enter their information in your journal.

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