Notary Public Underwriters Blog
How to Notarize Signatures on Handwritten Documents
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- Published: July 8, 2024
Perhaps this has happened to you… a person presents a handwritten document or letter with no notarial “certificate” language on it, but they ask for their signature to be notarized. Knowing the proper steps to take, as a notary, can help prepare you to handle this situation with ease.
Understanding Common Notarization Misconceptions
Many customers mistakenly believe notarization is just an “I.D. me, sign and stamp” process for the notary. The general public doesn’t understand that notarial certificate language matters, and that it is required with every signature notarization as credible evidence of the notarial act that was performed.
Notaries know that signature notarial acts require more than the average person expects. A notary’s state laws and rules require each signature notarial act to be documented in a statement, the “notarial certificate”, usually located next to or near the document signer’s signature.
Notaries and Legal Boundaries
The notarial certificate language on a document tells the notary which authorized notarial act to perform. But sometimes, the document has no certificate language to guide the notary. Unless a notary public is also an attorney, the rule of thumb is that the notary cannot “give advice” on the document’s execution by actually choosing the missing notarial certificate language.
This sometimes confuses customers and even some notaries. After all, notaries are the notarial-act experts, right? True, but a notary’s expertise is used strictly to properly perform the notarial act indicated on the document. Unless a notary public is also an attorney, a notary cannot stray outside their legal boundaries by giving advice about which notarial act is best suited for the document’s purpose. Only a party who is connected to the document, or an attorney, should give this advice.
How Notaries Can Help
The notary can, however, use their expertise to describe each signature notarial act that the notary is allowed to perform; show the principal signer examples of each notarial certificate for those acts; and ask the signer to choose the notarial act they want the notary to perform. If the signer cannot choose, they may seek help from another party connected to the document. Since the corresponding notarial certificate will most likely be missing from a handwritten document, the notary may either hand write the notarial language, use a certificate stamp, or attach a printed certificate. For more information on this, please read What to do when a notarial certificate is missing. You can purchase certificate stamps and printed certificates here.
Important Reminder for Florida Notaries
Florida notaries, be aware that you are prohibited from changing anything in a written instrument after it has been signed by anyone. “Changing” a written instrument would include adding or amending a notarial certificate. See F.S. 117.107(7).
Documentation
A notary should document this situation, when it occurs, in the notary’s record book (journal) record for the related notarial act. You can purchase one of our notary record books here.
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