The National Notary Bulletin

Can I notarize for an absent signer using an ID copy?

By NNA Staff

Photo of woman with long dark hair on phone. She is looking at papers in her hand. Text on image reads NNA Hotline Tip.

I work for a trucking company, and we hire escorts for some of the loads that we haul. I have an escort that needs paperwork notarized for my office so they can escort our drivers, but they are on the road and unable to come see me in person. Can I notarize using a copy of their driver’s license without them here, or do they have to be present in front of me? We have used the same escorts for a while now and know them. — K.C., Missouri

No. A signer must personally appear before the Notary at the time of notarization. Missouri law states: “A notary shall perform a notarial act only if the principal… [i]s in the presence of the notary at the time of notarization” (RSMo 486.645.1[1]).

For more information, please see our article and video “How do you notarize if a signer can’t be present?”

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 consultants 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.

View All: Hotline Tips

2 Comments

Add your comment

Steven D Ransom

20 Aug 2024

I apologize, my computer just reset itself (...that was crazy!), what I wanted to add was with these so-called "exceptions," it is technically the attorney in fact, or the subscribing witness signature being notarized and not the signature of the person named in the document (the absent principle). While the principal does not personally appear before the Notary, the attorney in fact and the subscribing witness must.

Steven D Ransom

20 Aug 2024

No, notaries generally do not accept copies of identification documents, including photos taken with a phone, as proof of identity. Copies of IDs are vulnerable to tampering and lack the security features that notaries use to check for fraud. Accepting a photocopy of an ID could result in legal liability. The law provides for two very narrow and strictly controlled "exceptions" to the rule prohibiting notarization of the signature of an absent person: 1) notarization through an attorney in fact and 2) notarization through a subscribing witness.

Leave a Comment