Notary Public Underwriters Blog
Should the date on the notarial certificate match the date that the notarized document was signed?
- Details
- Published: June 10, 2024
Should the date on the notarial certificate match the date that the notarized document was signed?
The answer depends on two key factors: the document’s notarial language, which must be completed by the notary public; and the date and circumstances of the actual document signing.
Types of Signature Notarial Acts
Three notarial acts performed throughout the United States involve notarizing a signature on a document:
Acknowledgment |
Verification on Oath or Affirmation |
Signature Witnessing |
---|---|---|
The document signer acknowledges to a notary that they signed the document willingly, and with understanding of the document's contents and effect(s). | The document signer swears an oath or affirms, before the notary, that the contents of the document they signed are true. | The document signer simply signs the document in the notary's presence. |
Acknowledgments and verifications on oath or affirmation may be performed throughout the United States. Only some states authorize their notaries to perform a signature witnessing.
A notary reviews the notarial certificate language on a document presented for notarization, to observe which notarial act shall be performed. If the document lacks notarial certificate language, the notary cannot choose the notarial act but may show the principal signer wording for the notarial acts the notary is allowed to perform, and ask the signer, a party relying on the document, or an attorney to choose.
Document Signature Date Rules
Signatures on documents requiring an acknowledgment notarial act may be signed and dated before the document signer appears for the notarization; or they may be signed and dated during the notarization, while the document signer is present with the notary.
Signatures on documents requiring a verification on oath or affirmation, and signatures on documents requiring a signature witnessing, must be signed in the notary’s presence.
Notarial Certificate Date Rules
Without exception, notarial certificates are always dated with the actual date of notarization—the date that the principal signer personally appeared before the notary and the notarization was performed.
Don’t Confuse the Rules
Remember that, as explained above, different rules apply to the document’s signature date and the notarial certificate date.
Circumstances affecting the signature date on the document can vary, but the date of notarization is always the date that the principal personally appeared for performance of the notarial act.
Related Article(s)
Medallion Signature Guarantees Explained
What Do I Do With My Record Book (Journal) Entry When a Notarization Is Cancelled (Not Completed)?
May a Notary Correct Their Error or Omission on a Notarial Certificate?
How to Assess Signer Awareness or Coercion
What to Do When the Notary Certificate Is Missing?
Can I Notarize a Document That Is Already Signed?
Tips to Protect Your Notary Stamp and Journal