What Does a Notary Put on a Document?
Short answer
A notary public puts a notarial certificate, their signature, an official seal or stamp, and the date on a document to certify that the signer personally appeared, was properly identified, and signed the document willingly. This confirms the document’s authenticity and helps prevent fraud in legal and official matters.
What Does a Notary Put on a Document and Why Is It Important?
When a notary public notarizes a document, they add several essential elements to confirm the document’s validity. These typically include:
- Notarial certificate: A written statement that the signer appeared before the notary, was identified, and signed the document willingly.
- Notary’s signature: The official signature of the notary public confirming the notarization.
- Official seal or stamp: A unique imprint that identifies the notary and their authority.
- Date of notarization: The exact day the notarization took place.
Together, these details provide a legal guarantee that the signer’s identity was verified and that the signature is genuine. This information protects all parties by making the document legally recognizable and helps prevent fraud or disputes over authenticity. For example, if a person signs a will or a real estate deed, a notarized document ensures that the signature is genuine and that the signer was not coerced.
How Does a Notary Notarize a Document? A Step-by-Step Example
The notarization process follows strict procedures to ensure authenticity. Here’s a clear example of how it works:
- Bring the document and valid ID: Imagine you need to notarize a power of attorney. You bring the unsigned document and a government-issued photo ID (like a driver’s license) to the notary.
- Appear in person before the notary: You must be physically present so the notary can verify your identity.
- Do not sign beforehand: The notary requires you to sign in their presence to witness your signature.
- Verification: The notary reviews your ID to confirm it’s current and matches your appearance.
- Sign the document: You sign the document in front of the notary.
- Notarial certificate: The notary completes a certificate, which might say: “On this 12th day of June, 20XX, before me, the undersigned notary, personally appeared [Name], proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument, and acknowledged that they executed it.”
- Signature and seal: The notary signs the certificate and applies their official seal or stamp.
- Record the notarization: The notary logs the details in their journal, including date, type of document, and signer’s information (this helps maintain an official record).
This process ensures the document is authentic and legally binding. For more details on steps, see How to Notarize a Document.
Why Does It Matter What a Notary Puts on a Document?
The notary’s certificate and seal carry legal weight and make the document trustworthy in many situations:
- Legal proceedings: Courts require notarized documents to prove the signer’s identity and intent.
- Real estate transactions: Property deeds and mortgage documents must be notarized to confirm authenticity.
- Financial agreements: Loans, affidavits, and contracts often require notarization to be valid.
- Personal matters: Powers of attorney, healthcare directives, and wills benefit from notarization to avoid challenges.
Without the notary’s information, a document might be rejected by banks, courts, or government agencies because there is no official proof the signer was properly identified or signed voluntarily. For example, a bank might refuse to accept a notarized loan agreement if the notary’s seal is missing or the certificate is incomplete.
What Are Some Common Confusions About Notarization?
People often mix up notarization with related but different concepts. Understanding these helps clarify what a notary puts on a document and why:
| Term | What It Means | Not the Same As Notarization Because… |
|---|---|---|
| Witness Signature | Someone observes a signature | Witnesses don’t verify identity or certify intent; no official seal is added. |
| Certified Copy | A government official certifies a document copy | No verification of signer’s identity occurs; it’s a copy, not a notarization. |
| Apostille | Certification for international use | Confirms notary’s authority abroad but is separate from notarization. |
| Legal Endorsement | Signature or notation approving a document | Notarization is about identity verification, not legal approval or advice. |
For example, if someone signs a contract and a friend witnesses the signature, it doesn’t have the same legal effect as notarization because the friend is not verifying identity under state authority.
What Should You Do When You Need a Document Notarized?
Here is a practical checklist to follow when preparing for notarization:
- Do not sign the document beforehand. The notary must witness the signature.
- Bring valid government-issued photo ID such as a driver’s license, passport, or state ID.
- Check the document for completeness and correctness before the appointment.
- Locate a notary public: You can find notaries at banks, law offices, shipping stores, some libraries, and government buildings.
- Ask about fees: Notaries may charge a small fee for their services; check ahead.
- Plan to sign in person: Be available to sign at the notary’s office or wherever they meet you.
If you don’t have ID or have other issues, the notary must refuse to notarize. In such cases, you might ask about alternative forms of identification or contact legal aid for advice. After notarization, keep the document safe, as it now holds legal weight.
What Does a Notary’s Stamp or Seal Look Like and Why Is It Important?
A notary’s seal or stamp is a distinctive mark that appears on the notarized document near the certificate. It usually includes:
- The notary’s full name
- The words “Notary Public”
- The state or jurisdiction of commission
- The notary’s commission expiration date or identification number
This seal is often circular or rectangular and is either embossed or stamped in ink. For example, a typical seal might look like:
Jane Smith, Notary Public, State of Texas, Commission Expires 01/15/
The presence of this seal ensures the notarization is official and makes it difficult to tamper with the document. If the seal is missing, the notarization may not be accepted. The seal also distinguishes the notary’s work from a simple signature or stamp by another party.
Can a Notary Refuse to Notarize a Document? When and Why?
Notaries are legally required to refuse notarization if they have doubts or conflicts. Common reasons include:
- Lack of proper ID: The signer cannot prove their identity.
- Signer appears under duress or intoxicated: The notary suspects the signer is not acting voluntarily.
- Signer refuses to sign in the notary’s presence.
- The document is incomplete or blank: Notaries should not notarize documents with missing information.
- Conflict of interest: The notary has a financial or personal interest in the transaction.
- Document is illegal or fraudulent: Notaries must not notarize illegal acts.
When refusing, the notary should politely explain the reason and direct the signer to correct the issue. For example, if ID is missing, the signer can return with proper identification. If under duress, the signer should seek advice or delay signing.
Frequently asked questions
Can a notary notarize a document without the signer being physically present?
Usually, the signer must appear in person before the notary to verify identity and willingness. Some states allow remote notarization with special technology and authorization, but this is not universal. Check your state’s rules before assuming remote notarization is allowed.
What is included in a typical notarial certificate?
A notarial certificate states the date, the signer’s name, confirmation of their identity and willingness to sign, and a declaration that the signature was made in the notary’s presence.
How can I find a notary public near me?
Notaries are often found at banks, law offices, shipping or postal stores, libraries, and local government offices. Some employers also provide notary services. You can call ahead to confirm availability and fees.
Can a notary give legal advice about the document being signed?
No. Notaries cannot provide legal advice or explain the meaning of the document. Their role is limited to verifying identity and witnessing the signature.
What should I do if I lose a notarized document?
Contact the entity that holds the original or a copy, if applicable. Notaries keep records of notarizations, but they do not keep the original documents. You may need to have the document re-notarized if required.