Notarization Explained in Eight Simple Steps

Step 1: Require the Personal Appearance of the Principal Signer(s) of the Document

For any notarial act (except emergency video notarization), the principal signer must appear before the notary with the document. North Carolina law (G.S. 10B-20c1) mandates that the signer be physically present. Notaries who perform acts without the signer's presence may face misdemeanor or felony charges if fraud is intended.

Step 2: Positively Identify the Principal Signer(s) of the Document

Each person requesting notarization must be positively identified through personal knowledge or satisfactory evidence. Personal knowledge requires familiarity developed over time sufficient to eliminate any reasonable doubt about the individual's identity. For example, two individuals who grew up in the same neighborhood, attended the same schools, and participated in the same community activities would likely have sufficient personal knowledge of each other's identities. If a notary has the slightest doubt about a signer's identity based on personal knowledge, they must rely on another form of identification.

Satisfactory evidence includes a current state or federally issued ID card with a photograph and a physical description or signature. Common forms of acceptable identification are state driver’s licenses, passports, and older military cards. It is important to note that the most recently issued military ID cards are generally not acceptable as they embed the signature and physical description in a computer chip that is not visible. Identification cards issued by recognized state tribal agencies that meet these specifications are also considered satisfactory evidence.

If a signer is not personally known to the notary and does not possess an acceptable form of identification, a credible witness can be used. This witness must be personally known to the notary, honest, reliable, impartial, and not a party to or a beneficiary of the transaction. The notary must administer an additional oath to the credible witness, ensuring they have no interest in the document and that the signer is who they claim to be. The credible witness provides a vital alternative to traditional identification methods, helping to confirm the signer's identity while maintaining the integrity of the notarial act.

Step 3: Verify the Signature on the Document

The notary's role centers on attesting to the signer's signature. For acknowledgments, the signer may have already signed the document, but they must confirm to the notary that the signature is theirs and was signed willingly. For oaths or affirmations, the document must be signed in the notary's presence. Notaries cannot perform acts on unsigned documents.

Step 4: Take the Acknowledgement or Administer the Oath or Affirmation

Acknowledgements and oaths serve different purposes. In an acknowledgment, the signer confirms the signature is theirs. In an oath, the signer swears before the notary, often with a raised hand or on a holy book, that the document's content is true. An affirmation is a non-religious equivalent of an oath. The document must be signed in the notary's presence for oaths and affirmations.

Step 5: Complete the Journal Entry

Maintaining a notary journal helps protect the public and prevent fraud. While not mandatory, it provides proof of the notarial act and can be crucial evidence in legal disputes. Entries should include the date and time, signer's name and signature, type of ID used, type of document, and type of notarization performed.

Step 6: Complete the Notarial Certificate Language

After acknowledging or administering an oath, the notary completes a certificate attesting to the notarial act. This includes the state and county, signer's name, date, and a statement of the acknowledgment or oath. The certificate must meet statutory requirements but can vary as long as all necessary elements are included.

Step 7: Sign the Notarial Certificate

The notary must sign the certificate with an ink pen using the exact name on their commission. The signature must follow the notarial act and appear near the certificate language. Notaries must never sign blank certificates before performing the act.

Step 8: Affix the Official Notary Seal

The final step is affixing the notary seal near the signature on the same page as the certificate language. The seal confirms the notarial act and should only be applied after the act is completed. Never pre-seal documents.

Additional Steps

If a credible witness is used for identification, they must swear they have no interest in the document and confirm the signer's identity. This extra step ensures the credibility of the identification process.

By following these eight steps, notaries can perform their duties accurately and uphold the integrity of the notarial act. Stay tuned for more expert advice and updates from Cape Fear Notary Services.