One of our clients came to us after another Notary told her that she could not perform a notarization because the document did not indicate what type of notarization was needed. Are we supposed to refuse the request in this circumstance? — L.M., California
It depends. You may notarize a document that does not have pre-printed notarial wording as long as the signer tells you what type of notarization is needed. You would then attach the appropriate certificate wording. If the signer can’t tell you that, and can’t find out from the issuing or receiving agency, then you’ll have to refuse the notarization. You may not affix your Notary seal to a document that lacks notarial certificate wording. As nonattorneys, Notaries cannot decide the type of notarization to perform on a document because the choice can have important legal ramifications.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call 1-888-876-0827, Monday through Friday, 6 a.m. to 6:30 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST.
Related Articles:
Notary Basics: Ensure Your Certificate Language Is Compliant
When And How To Use A Loose Certificate
How Do I Notarize A Document With No Signature Or Certificate?
Additional Resources:
NNA Webinar: Acknowledgments and Jurats — What’s the Difference?
Notary Essentials