Notary Public Underwriters Blog
Can I Notarize a Document That Is Already Signed?
- Details
- Published: May 27, 2024
Only when the required notarial act is an acknowledgment—and if all requirements of the notarial act can be met—then yes… a notary may notarize a document that is already signed.
What is an acknowledgment notarial act?
The word “acknowledge” means many things in the English language but, in the context of a notarial act, it means that a person admits or confirms to a notary public that (1) a signature on a document is the person’s own signature; and (2) that the signature was previously signed, or is being signed before the notary, with understanding of the document’s contents and the consequences of signing.
What are the requirements of an acknowledgment?
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The person acknowledging their signature—the “principal signer”—must personally appear before the notary public.
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The notary believes that the person signing is acting under their own free will, and that they appear to understand what they are doing.
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The notarial “certificate” language on the document (the statement that the notary public completes, signs and seals) must clearly show an acknowledgment, and this language must align with the acknowledgment certificate format set in the notary’s state of commission or appointment.
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The notary public must be able to identify the signer using a method allowed by law of the state where the notary is commissioned or appointed.
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The document must be signed by the person appearing before the notary. The signature may be signed sometime before notarization (the notary must be confident that the signature appears to be that of the present individual); or the signature may be signed in the notary’s presence.
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The individual must say to the notary that they have signed the document willingly, for its stated purpose (the “verbal ceremony”).
What should an acknowledgment say?
This wording usually appears alongside or below the signature line where the named signer will sign (or has already signed) the document. Here is the most common notarial wording for an acknowledgment notarial act (your state law or rules could specify other information to be included):
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State of (State of the Notary’s Commission) County of (County where the notarial act is being performed)
Acknowledged before me this (date) day of (month), (year) by (named, principal document signer).
(Signature of Notary Public) (Printed Name of Notary Public as Commissioned) My commission expires: (Commission Expiration Date) (Notary’s Seal) |
For any notarial act, the notary public must review the notarial language on the document, to assess which signature notarial act must be performed. When documents are presented for notarization, but don’t include notarial language to guide the notary, the notary must be able to explain the different notarial acts to the signer, give examples of notarial certificates for the signature notarial acts, and ask the named signer—or a party relying on the transaction or an attorney—to choose. To learn more about what you should do when the notarial certificate is missing, visit this blog article.
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