What Documents Can a Notary Public Sign?

Wonderful article written by Lisa McQuerrey; Updated July 25, 2018

A notary public is an individual who is bonded, licensed or appointed by a state, who serves as an impartial witness to the signing of key documents. Notaries confirm identity, inspect documents and ensure the signers understand the contents of the documents they are signing. The notary is responsible for ensuring the identity of the people signing important documents, being vigilant that state rules are being followed, and using sound judgment if it appears a person is misrepresenting themselves or otherwise working to undermine the notarization process.

Notary Processes

Not all “important” forms and documents require notarization. The process is used primarily in instances where an impartial witness is required to ensure the individual signing is who they present themselves to be. In fact, if a document is not original, complete and dated the same day, or does not have a specific indication on it where a notary stamp is required, a notary is not under obligation to complete the transaction.

Financial Documents

Notaries are often employed by banks, investment firms, title companies and other financial institutes for the purpose of overseeing important document signing processes. Typically, documents signed in these environments include:

• Mortgage closing documents
  
• Property deeds
  
• Loan documents
  
• Some types of credit or loan documents
  

Legal Documents

Legal forms often require notarized signatures. Documents may include:

• Wills
  
• Trusts
  
• Advanced directives
  
• Executorships
  
• Custody and guardianship agreements
  
• Power of attorney 
  
• Court documents

Business Documents

Businesses often have a need for notary services. While not every single important document requires notarization, some documents requiring these witnessed, verified kinds of signatures include:

• Articles of incorporation 
  
• Memorandum of understanding documents
  
• Vendor contracts
  
• Commercial leases
• Employment contracts
  
• Construction and loan agreements

Tip

• The notary examines and copies an individual’s form of identification and requests a signature for the record. If the notary suspects misrepresentation, he or she is under no obligation to signs, stamp and date the transaction being requested.

Notaries must meet the licensing requirements of the states in which they operate and pay a filing fee. A notary often undergoes a background check, and their license, or, “commission,” is good for a predetermined period of time. Some notaries run their own businesses or side gigs, while others are employed by organizations frequently in need of notary services. In many cases, large companies encourage qualified people in finance departments to attain their notary license to ensure there is a person on-site who can perform these duties in addition to their regular roles.

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