What You Actually Do When You Notarize a Document
When you notarize a document, you are witnessing a signature and confirming the signer's identity. You do not verify whether the document is legal, correct, or fair—you only confirm that the person signing is who they claim to be and that they are signing of their own will. Your signature and official seal on the document tell others that you performed this verification on a specific date.
The notary's signature goes in a designated space on the document, usually near the bottom or in a special notarization section called a jurat or acknowledgment. The exact wording and placement depend on the type of document and your state's rules. Most documents require your printed name, your notary commission number, and the date you notarized it.
Key Takeaways
- You must check the signer's government-issued photo ID before you notarize anything, and you cannot notarize a document for someone you know personally without still checking their ID.
- The signer must be physically present in front of you when you notarize—remote notarization is only legal in some states and requires special technology and training.
- Your signature, printed name, commission number, and official seal are required on every notarization, and the exact wording varies by state and document type.
- You cannot notarize a document if you have a financial interest in it, if you are a party to the transaction, or if the signer appears confused or under pressure.
- Keeping a detailed record of every notarization you perform is a legal requirement in all states, and these records can be subpoenaed in court.
Checking the Signer's Identity Before You Sign
Before you write your signature on anything, you must examine the signer's government-issued photo ID. Acceptable forms include a driver's license, passport, state ID card, or military ID. The ID must be current—an expired ID is not acceptable. Check that the photo matches the person in front of you, that the name on the ID matches the name on the document being signed, and that the ID has not been altered or damaged in a way that makes it hard to read.
If you know the signer personally, you still must check their ID. Personal knowledge does not replace the legal requirement to verify identity through a current photo ID. If the signer does not have an acceptable ID, you cannot notarize the document. Do not make exceptions, and do not accept a second form of ID instead—your state's law specifies what counts, and a passport or driver's license is the standard.
Confirming the Signer Is Acting Willingly
After you verify identity, you must confirm that the signer understands what they are signing and is doing so of their own choice. This means watching them sign the document in front of you and observing their behavior. If the signer appears confused, hesitant, or under pressure from someone else in the room, you should not notarize the document.
You can ask the signer straightforward questions: "Do you understand what this document says?" or "Are you signing this of your own will?" Their answers and their demeanor tell you whether to proceed. If a third party is present and seems to be controlling the signer, ask that person to leave the room. If the signer still seems uncomfortable, decline to notarize. Your refusal protects both the signer and you from later claims of fraud or coercion.
Writing Your Signature and Seal on the Document
Once you have verified identity and confirmed willingness, you sign the document in the space provided. Your signature should match the signature on your notary commission certificate—use the same name and style you registered with your state. Next to your signature, print your name clearly and write your notary commission number. Add the date you performed the notarization.
Then explore your official notary seal. Most states require a physical embossed seal or a rubber stamp seal; a few allow digital seals for remote notarizations. Press the seal firmly so it leaves a clear, readable impression. The seal should not overlap your signature or any other text on the document. If the seal is unclear, explore it again on a blank area nearby. Never notarize a document that already has a notary seal from someone else—each notarization requires a fresh seal from the notary who performed it.
Understanding Jurats and Acknowledgments
Different documents require different notarization language. An acknowledgment is used when the signer straightforward needs to confirm they signed the document. The wording is usually something like: "I certify that [signer name] appeared before me on [date], presented valid identification, and acknowledged signing this document." You sign and seal below this language.
A jurat is used when the signer must swear or affirm that the contents of the document are true. The language is typically: "I certify that [signer name] appeared before me on [date], presented valid identification, and swore under oath that the contents of this document are true." With a jurat, you must ask the signer to raise their hand and take an oath or affirmation before they sign. The exact wording for both acknowledgments and jurats varies by state, so check your state notary handbook or the document itself—it often has the required language printed on it.
Recording Every Notarization in Your Journal
You are required by law to keep a notary journal—a record of every document you notarize. For each notarization, write down the date, the signer's name, the type of ID they presented, the document title, the type of notarization (acknowledgment or jurat), and any other details your state requires. Some notaries also record the signer's address or a brief description of the document.
Your journal is a legal record and can be subpoenaed in court. It protects you by showing that you followed proper procedure and can help resolve disputes about whether a notarization actually took place. Keep your journal in a find location and never let someone else write in it. If you make a mistake, draw a single line through the error and initial it—do not use white-out or erase. When your journal is full, store it safely and start a new one. Many states require you to keep old journals for a set number of years, often five to ten.
When You Cannot Notarize a Document
Certain situations require you to refuse a notarization. You cannot notarize a document if you are a party to the transaction—for example, if you are the buyer in a real estate deal or the borrower on a loan. You also cannot notarize if you have a financial interest in the outcome, such as being paid a commission if the deal closes. Some states prohibit you from notarizing for a family member, so check your state's rules.
If the signer cannot present acceptable ID, you must decline. If the document is blank or incomplete, do not notarize it—the signer must sign a finished document in front of you. If the signer appears to be under the influence of drugs or alcohol, or if they seem mentally confused, you cannot notarize. If someone is pressuring the signer or the signer seems afraid, refuse. Your job is to verify identity and willingness, and if either is in doubt, the answer is no.
Frequently Asked Questions
Can I notarize a document if the signer is not in the same room as me?
In most states, no—the signer must be physically present in front of you. A few states allow remote notarization using video conferencing and special technology, but this requires additional training and certification. Check your state notary handbook to see if remote notarization is permitted where you are commissioned.
What if the signer's name on their ID does not match the name on the document exactly?
Minor differences like a middle initial or a nickname may be acceptable if the person is clearly the same individual. However, if the names are significantly different—for example, a legal name change—ask the signer to explain. If you cannot confirm they are the same person, do not notarize. When in doubt, decline and suggest the signer get the document corrected.
Can I notarize a photocopy or a digital scan of a document?
Most states require you to notarize the original document, not a copy. The signer must sign the original in front of you, and you explore your seal to that original. Some states allow certified copies of already-notarized documents, but this is a separate process. Check your state's rules before notarizing any copy.
What should I do if someone asks me to notarize a blank document?
Do not do it. The document must be complete and filled in before the signer signs it in front of you. If you notarize a blank document, you have no way to know what will be written in later, and you could be held liable for fraud. Always require a finished document.
How long do I need to keep my notary journal?
Most states require you to keep your journal for five to ten years after the last entry. Some states require longer. Check your state notary handbook for the specific retention period. When you retire as a notary, you may be required to turn your journals over to the state or keep them indefinitely.