What a Notary Should Check at a Signing: A Comprehensive Guide

When it comes to ensuring the validity and legality of important documents, notaries play a crucial role. As impartial witnesses, notaries help prevent fraud and confirm that all parties involved understand and agree to the terms of the document. But what exactly should a notary check during a signing? In this blog, we’ll explore the essential steps and considerations that every notary should keep in mind.

1. Identity Verification

The first and foremost duty of a notary is to verify the identity of all signers. This is typically done by examining valid government-issued photo IDs, such as a driver’s license or passport. It's important to ensure that the ID is not expired and that the name on the ID matches the name of the signer. Taking this step helps prevent fraud and ensures that the correct parties are involved in the transaction.

2. Competence

A notary must assess whether the signers are competent to understand the document they are signing. This means confirming that they are not under duress or coercion and that they are of sound mind. If there are any signs of confusion or pressure, the notary should address these concerns before proceeding.

3. Document Completeness

Before the signing takes place, it’s vital to check that the document is complete. There should be no blank spaces, except for the areas designated for signatures. Additionally, the notary should ensure that they have the correct version of the document and that it reflects the most current and agreed-upon terms.

4. Acknowledgment or Jurat

Understanding the difference between an acknowledgment and a jurat is crucial for notaries. An acknowledgment verifies that the signer willingly signed the document, while a jurat involves the signer taking an oath or affirmation. The notary should determine which type of notarial act is required based on the nature of the document.

5. Signature Requirements

The notary must witness the signer(s) signing the document. This step is essential for the validity of the notarization. It’s important that the signers sign in the presence of the notary and that they do so voluntarily.

6. Notarial Certificate

Once the signing is complete, the notary needs to fill out the notarial certificate accurately. This includes the notary's signature, seal, date, and any necessary details about the signing. A correctly completed notarial certificate is vital for the document's legal standing.

7. Record Keeping

Maintaining a detailed record in a notary journal is not just good practice; it’s often a legal requirement. Notaries should document the date, type of document, names of signers, and any pertinent details about the signing. This record can be invaluable in the event of a dispute or legal question later on.

8. Compliance with State Laws

Every state has its own laws and regulations governing notarial acts. A notary must be aware of and comply with these legal requirements. This includes understanding specific rules about identifying signers, record-keeping, and the types of documents that can be notarized.

Conclusion

Being a notary is a significant responsibility, and following these steps can help ensure that the signing process is valid, legal, and secure. By verifying identities, assessing competence, and adhering to legal requirements, notaries protect not only the integrity of the documents but also the interests of the signers involved. If you’re a notary, keeping these considerations in mind will help you perform your duties effectively and with confidence.

Whether you're new to notarization or looking to brush up on your skills, these guidelines will serve as a handy reference for your next signing!