Is this Notary request legal or illegal?

Answer: Illegal. No one may use a Notary seal except the commissioned Notary named on the seal. In the wrong hands, a seal could be used to make a fraudulent document appear genuine. Also, many states have rules requiring a seal to be stored in a secure place when you aren’t using it. Failing to secure your seal by letting someone else access it could leave you open to additional legal and financial penalties, or even cost you your commission.

In this case, you should explain to your boss that state law prohibits anyone but you from using your official seal. You could offer to meet the boss and customer to perform the notarization on Sunday or suggest the boss contact another Notary to attend the appointment.

Answer: Legal. An acknowledgment requires the signer to appear in person before you to acknowledge signing the letter for its intended purpose and, as the Notary, you to positively identify the signer making the acknowledgment. The signer has the choice of signing the letter before appearing before the Notary or signing it in your presence. Notaries are permitted to take an acknowledgment if the document was signed before the signer appears before you.

Answer: Illegal. While state ID rules for verifying the identity of document signers appearing before you for notarizations vary, no state allows signers to present a copy of an ID in place of the original ID. You have no way of knowing if a copy has been altered or changed, or if it in fact is a copy of their lost driver’s license. Furthermore, a copy lacks state-issued security features like raised text or holograms that you can use to check if the ID is genuine.

In this situation, you should postpone notarizing until the signer can provide an acceptable alternate ID or bring one or more credible witnesses who can identify the signer if state law permits it.

Answer: Illegal. Notaries who are not qualified attorneys are not allowed to answer legal questions about a document or explain its legal effect to signers. This is known as the unauthorized practice of law, and it is illegal in every state.

In this case, since the signer is reluctant to sign and appears confused about the document’s meaning, you should postpone the notarization until the signer has a chance to ask their attorney to answer their questions.