How To Notarize When a Signer Can’t Be Present
Some states permit you to notarize a document when the signer cannot be present. Permitted under certain circumstances, this is called proof of execution by subscribing witness. For more information, visit: bit.ly/SignerNotPresent
Video Overview:
00:13 Performing A Proof Of Execution By Subscribing Witness
00:55 Taking Extra Care
02:21 Following Your State’s Requirements
How to perform a proof of execution by subscribing witness:
With this act, a person who witnessed the document being signed appears before the Notary public instead of the signer. As the Notary, you verify the identity of the witness and administer an oath or affirmation. The witness signs the document, then you complete the notarization
Not all states allow Notaries to perform proofs, and the states that do permit them often have strict requirements for performing them. So before performing a proof, check your state’s rules to see what their requirements and restrictions are. They can include:
• How the witness is identified
• Who may serve as a witness
• How many witnesses are required
• Whether they may be used for real estate documents
REMINDERS: Because the signer is not present, the risk of fraud with a proof is much greater. Take extra care when performing this notarial act. You should only perform proofs of execution by subscribing witness if you are familiar with them and understand what is required. If you are not familiar with proofs, it is okay to refuse a request to perform one.
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Пікірлер: 25
I was surprised that the FL primer did not mention proofs. I see why, thanks!
@NationalNotary
3 жыл бұрын
Thank you for watching!
Very informative! Good job
@NationalNotary
3 жыл бұрын
Thank you for watching!
Extremely helpful thanks
@NationalNotary
2 жыл бұрын
Glad to hear it!
Thank you
Good to know thank you.
@NationalNotary
3 жыл бұрын
You bet! Thanks for watching.
What if I run an online credit repair business and documents that I need to send to creditors/credit bureaus need to be notarized? How would I get those notarized on behalf of my client?
where did she get the sweater with the logo? super cute!!
@NationalNotary
3 жыл бұрын
Hello! It's staff gear. :)
Not to be rude, but where you hightlight for GA that's actually South Carolina.
Yes HELPFULL
@NationalNotary
3 жыл бұрын
Thank you for the feedback!
So what can california do? What types?
@NationalNotary
2 жыл бұрын
Hello. California requires a subscribing witness to be identified by another credible identifying witness who is personally known to the Notary. The credible witness must present an ID card allowed by law to the Notary. www.nationalnotary.org/notary-bulletin/blog/2016/11/how-to-notarize-if-signer-cant-be-present
How do I get a proof of execution form? My manager wants me to notarize loan documents for our customer who was not present in front of me to watch them sign. I’m in the state of NC and still confused on what to do
@NationalNotary
3 жыл бұрын
If you are asked to perform a proof of execution by your boss, be sure to confirm that your state permits the act. If you are allowed to perform a proof of execution and the subscribing witness meets all the requirements, you can proceed. Also, you might gently make the case to your boss why it’s a good idea for signers to be present and suggest that failing to require the signer to personally appear is one of the most common causes of Notary-related lawsuits. In NC, a subscribing witness cannot be a grantee or beneficiary of the document. www.nationalnotary.org/notary-bulletin/blog/2016/11/how-to-notarize-if-signer-cant-be-present
@zahinbey1708
9 ай бұрын
Greetings kellz8191, im in nc also and im looking into a notarized document that was signed when a family member was not present during 2020 covid pandemic. thanks for your help. what type of service or business do you run. im by raleigh
I don't think that Michigan allows proof of execution. I know that a notary is not allowed to take a thumbprint.
@NationalNotary
3 жыл бұрын
Hello. Michigan does not authorize proofs of execution by a subscribing witness.
CAN A NOTARY CHOOSE WHAT TYPE OF POWER OF ATTORNEY THEIR CUSTOMER NEEDS??? OR WOULD IT BE ILLEGAL BECAUSE THE NOTARY IN THIS CASE IS NOT AN ATTORNEY??? THANK YOU! :)
@NationalNotary
3 жыл бұрын
Hello. Drafting legal documents for a signer would be the unauthorized practice of law unless the Notary is also an attorney. The Notary should NOT draft legal documents for any customers if the Notary is not a qualified lawyer.
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