Can You Notarize a Document that Has Already Been Signed?

We often hear from notaries asking whether they can notarize a document that was signed before the signer appeared in front of them.

The confusion often comes down to two things: (1) not knowing whether the notarization is an acknowledgment or a jurat and (2) not understanding which notarial act requires the notary to witness the signer actually sign the document.

Let’s break it down.
 

Not all notarial acts require you to observe the signing of the document
When you're completing an acknowledgment, you do not need to witness the person sign the document.  An acknowledgment requires the signer to personally appear before you and acknowledge signing the document voluntarily. It doesn’t matter whether the individual signed the document minutes ago or several days earlier — as long as the signer appears in front of you and confirms signing the document for the purposes stated therein, you’re good to notarize.

An acknowledgement notarial certificate has the words “acknowledged before me” as in the example below:

Jurats require you to witness the signer sign the document
When you perform a jurat, the signer must sign the document in your presence, and you must administer an oath or affirmation. Jurats are commonly used for affidavits and other sworn statements. If the signer already signed the document prior to appearing before you, they must sign it again in your presence.

A jurat notarial certificate has the words “subscribed and sworn to (or affirmed) before me” as in the example below:

What about witnessing or attesting a signature?
Some states allow notaries to witness or attest a signature. In these cases, witnessing a signature means exactly what it sounds like — the signer must sign the document in your presence.

This is not the same as an acknowledgment. With an acknowledgment, the signer can sign the document ahead of time and then appear before you to confirm they willingly signed it.

Witnessing or attesting a signature is different from performing a jurat, which requires both witnessing the signing and administering an oath or affirmation. Witnessing or attesting a signature does not involve giving an oath or affirmation — it simply involves confirming that you saw the person sign.

Only a few states authorize this type of notarial act. Be sure to know your state’s notary laws. 

The notarial certificate for this type of notarial act has the words “signed (or attested) before me” as in the example below:

What Every Notary Should Confirm First
Before performing a notarization, ask yourself the following:

• Is this an acknowledgment or a jurat?
  Read the notarial certificate carefully — it will tell you which type of notarial act you're being asked to perform.
• Is the signer required to sign in front of me?
  Jurats and witnessing or attesting a signature notarial acts require this. Acknowledgments do not.
• Has the signer appeared in person and been properly identified?
  Verify the signer’s identity as allowed by your state’s notary laws. Just as importantly, make sure the individual is signing willingly and understands the consequences of signing the document.
   

Knowing the difference between notarial acts helps you make the right call and serve the public with confidence and accuracy.