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Can I notarize a document that is already signed?


Many notaries are presented with a document that is already signed and aren't sure whether or not they can proceed. This question can be answered by reviewing the two basic notarial acts: acknowledgments and oaths.


An acknowledgment is a declaration by the signer of a document that he or she has executed the document freely and voluntarily. Since the signer is only acknowledging his or her signature, the signature could have been affixed some days, weeks, months, or even years earlier. As long as the signer is personally present before the notary and acknowledges the signature, then the notary can proceed with performing the notarial act.

A notary's certificate of acknowledgment should always reflect the date on which the signer personally appeared before the notary. When notating the transaction in your journal, you should list both the date of the notarial act (the date on which the signer appeared before you), and the date of the document (the date the document was actually signed).

An oath or affirmation requires that the signer appear before you, swear or affirm to the truthfulness of the statements made in the document, and sign the document in your presence. This is evidenced by the words "subscribed before me" which are present in many jurats notarial certificates. When a person takes an oath, their signature signifies the acceptance of it. For this reason, it is necessary to observe the person appearing before you affix his or her signature to the document. If the document has already been signed, the signer can sign his or her name again above or next to the first signature. You can then proceed with the notarization. You may want to notate in your journal that the signer was instructed to sign again in your presence.

Of course, always refer to your own state's laws for the most accurate and up to date information for your state.

-- Robert T. Koehler, Florida Notary Educator, is a Contributing Writer with the American Association of Notaries

Legal Disclaimer: The American Association of Notaries seeks to provide timely articles for notaries to assist them with information for managing their notary businesses, enhancing their notary education, and securing their notary stamp and notary supplies. Every effort is made to provide accurate and complete information in the American Association of Notaries newsletters. However, we make no warrant, expressed or implied, and we do not represent, undertake, or guarantee that the information in the newsletter is correct, accurate, complete, or non-misleading. Information in this article is not intended as legal advice. We are not attorneys. We do not pretend to be attorneys. Though we will sometimes provide information regarding notaries' best practices, federal laws and statutes, and the laws and statutes of each state, we have gathered this information from a variety of sources and do not warrant its accuracy. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, loss, damage, or expenses, howsoever arising, including, and without limitation, direct or indirect loss or consequential loss out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their states' notary authorities or attorneys in their state if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect.

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