I have a customer that I helped previously with some documents; he signed them with my being present, and I submitted the documents for him. However, I am now having an issue with the department I sent them to, stating they needed to be notarized; however, there is no specific Notary verbiage on the document. Can I perform an acknowledgment by individual without the customer being present, or does the customer need to be present at the time of stamping the document? — M.K., Washington
The signer must always be physically present before you at the time of the notarization. A notarial act cannot be performed after the fact, even if you personally witnessed the signer signing earlier. Additionally, the receiving department can clarify which notarial act is required.
As a Notary, you are not authorized to determine the notarial act for a given document since doing so could be considered the unauthorized practice of law.
Here are some options you may suggest to your customer:
- They can contact the agency that issued or will receive the document to confirm the type of notarization that is required.
- They can consult with an attorney who can tell them; or
- You may describe the general differences between the notarial acts you are authorized to perform, show the customer sample notarial certificates, and allow the signer to select the one they want.
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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