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Notarization

Notarization

Notarization is the act of witnessing by the notary public in accordance with state law. Notarization involves signed documents and requires the notary to verify the signer’s identity. When the proper steps of notarization are followed, notarization of a document will help detect and deter fraud. However, notarization does not prove the truthfulness of statements contained in a document nor legalize or validate a document. There are 5 basic steps to properly performing a notarization:

1. Examine the Document

  • Verify Completeness: A notary public may not notarize a document which is incomplete. If presented with a document for notarization, which the notary public knows from his or her experience to be incomplete or is obviously incomplete, the notary public must refuse to notarize.
  • Check the Notarial Certificate:
    • First, look at the venue: State of New York, County of ___________. This language should reflect the location where the document is being notarized. If it is incorrect, change the language and initial the change BEFORE notarizing.
    • Second, check the date. If an incorrect date has been filled in, strike through that date, write in the correct date, and initial the change BEFORE notarizing. The correct date is the actual date of notarization. Under no circumstance should you pre-date (also called “back-dating”) or post-date a notarial certificate, nor should you ever provide any party with a signed or stamped notarial certificate unless it is directly attached to a document you have personally notarized, was completed at the time of the notarization, and describes the notarized document.
    • Third, look for the key words “acknowledged” or “sworn/affirmed” to determine if you are to take an acknowledgment or administer an oath. If the document does not have a notarial certificate, the signer must tell you which notarial act the document requires. As a notary, you should not choose the type of notarial act. At the signer’s direction, you may write, type or stamp the appropriate certificate on the document, or you may attach a loose notarial certificate.

2. Screen the Signer

  • Personal Appearance: Not all notarizations require the document to be signed in front of the notary public, but personal appearance by the individual requesting notarization is ALWAYS required at the time of notarization.
  • Determine Willingness: Make sure the signer is not being forced the sign the document. If you suspect coercion, it is best to refuse to notarize.
  • Determine Awareness: You are not responsible for the contents of the document. However, you should be satisfied that the signer is competent and has read and understands the significance of the document. Do not notarize if you have reasonable belief that the person signing the document is not aware of its significance. If the signer has unanswered questions about the document or its effect, you should refer them to an attorney or other relevant party and not notarize. If the signer is blind or illiterate, you should read the document to him or her.
  • Establish Identity: Verification of a signer’s identity is the most important function you must perform in your role as a Pennsylvania notary public. You must have satisfactory evidence that a person is the individual whose true signature is on the document. The signer must present either a proper form of ID, or a credible witness with an ID who is personally known to both you and the signer.

3. Make the Journal Entry

  • Record all information pertinent to the notarization in your notary journal, which will serve as your permanent record of the notarial event.  In addition, you should:
      • Complete the entry in ink,
      • Enter the information before the notarial certificate has been completed to prevent the signer from leaving before all data has been recorded, and
      • Record all notarizations, even the requests for notarization you have
        refused.

4. Take the Acknowledgment or Administer the Oath

  • In Step 1, you determined the type of notarial act to perform and in Step 2, you screened the signer. Now that you’ve completed your journal entry, you must either take the acknowledgment or administer the oath. These acts are covered in more detail later in the course. You will also learn about protests and copy certifications, which are also notarial acts, but are far less common in most settings.

5. Complete the Notarial Certificate

  • Double-check to ensure the acknowledgment certificate or jurat contain the notarial wording required by law. Complete them by writing or typing the subscriber name, the date and any other necessary information. If a loose certificate is used, complete the Optional Information section if available. Finally, sign your name and legibly affix your notary seal. Notarial certificates are covered in more detail in later lessons.