Is it compulsory to sign the documents in presence of a notary or can the sign the document prior to notarization?
Whether or not a signer is required to sign the document before a Notary depends on the notarial wording. Ie., whether the document has Acknowledgement wordings or Jurat wordings in the document.
Acknowledgment “….whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity……”
For an acknowledgment, the document does not have to be signed in the Notary’s presence. They could have signed the document last week (or last year), but they must appear before the Notary at the time of notarization to acknowledge having signed the document.
Jurat “Subscribed and sworn to, before me……”
The wording in a jurat says the signer took an oath/affirmation to the accuracy of the contents of the document and signed in the presence of the Notary.
However its always a good practice to sign the documents in front of a Notary.
Notary Publics are prohibited by law from rendering any kind of legal advice of any nature during or in conjunction with a Notarial Act. If you have any questions, please consult an attorney PRIOR to Notarization.
© Any information or the contents from my blog or from my website cannot be reproduced without my written permission. They are copyrighted.
Whether or not a signer is required to sign the document before a Notary depends on the notarial wording. Ie., whether the document has Acknowledgement wordings or Jurat wordings in the document.
Acknowledgment “….whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity……”
For an acknowledgment, the document does not have to be signed in the Notary’s presence. They could have signed the document last week (or last year), but they must appear before the Notary at the time of notarization to acknowledge having signed the document.
Jurat “Subscribed and sworn to, before me……”
The wording in a jurat says the signer took an oath/affirmation to the accuracy of the contents of the document and signed in the presence of the Notary.
However its always a good practice to sign the documents in front of a Notary.
Notary Publics are prohibited by law from rendering any kind of legal advice of any nature during or in conjunction with a Notarial Act. If you have any questions, please consult an attorney PRIOR to Notarization.
© Any information or the contents from my blog or from my website cannot be reproduced without my written permission. They are copyrighted.
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