The Signer who is signing the document must be physically present, if the form requires a witness, they must also be physically present. The Notary verifies identity of the signer with the photo identification provided by the signer (Driver license, Passport, State ID, or Military ID), and in some cases a credible witness affidavit. The Notary reviews the document, making sure there are no blanks on the document and that there is a notarial certificate on the document.
Documents without a notary certificate cannot be notarized. If there is no certificate the notary will ask you to choose one to attach to the front of the document.
See a sample and description of the different notary certificates.
The Notary will ask the signer three questions which is commonly referred to as the "Notarial Ceremony":
1. Verify the signer’s name, by asking "Are you (the name indicated on your identification) ?
We verify the stated name matches the Photo ID and that the person looks significantly the same as the image contained in the identification.
2. Determine if the signer understands the contents of the document by asking "Do you understand the contents of this document, or are you signing under duress?"
We ask this to determine the Signer’s awareness and understanding of the document. This establishes the “competence” of the signer and it is a critical component of the process. Florida is one of the few states that require the notary to establish competence.
More About Defining Competence: Florida Notaries must be certain of the signer’s ability to understand the document. In most cases, it is easy to determine competence. The Notary does not need to identify the level of understanding, just that the signer understands the implications of signing the document. However, we let our common sense serve as a guide, if we feel that competence is in doubt, the notarization will not be performed, and you will not be charged for the notarial act, but travel and mileage fees still apply.
3. Finally, the notary asks if the signer is being coerced into signing the document or is signing under duress.
If all three questions are answered to the satisfaction of the notary, then the notary will ask the signer to sign the document.
The Signer and the Notary complete the required information for the Record Book, the signer signs the notary journal and then obtain a thumb print if the document requires it.
The Notary signs and stamps the seal on the Notarial Certificate.
See scenarios where the notary may not be able to complete the notary.
Official documents should always contain a Notarial Certificate if the document is an Acknowledgement or a Jurat (if the document is an Affidavit). If documents do not contain this information the document signer needs to verify with the issuing agency of that document what type of wording is required.
Acknowledgments contain a "Notary Certificate" (Acknowledged to me to be the…) These are types of documents that do not require an "Oath" because the signer is not swearing to the contents of this document. They are simply asked, "if the document was freely signed for the purposes stated in the document".
Affidavits contain "Jurat" wording: (Subscribed and sworn before me. with this document you must administer an "Oath" to the signer (Do you solemnly swear that the contents of this affidavit subscribed by you is correct and true?).
We carry loose Notary Certificates for documents which are handwritten or do not contain a Certificate or Jurat. We will ask the signer which type of Certificate or Jurat they feel is appropriate, without giving any advice. We will explain the difference between them, but you will have to decide which one is best for your situation.
Yes that staple is important!
Your documents will be stapled. Do not remove the staple. If the staple is removed you run the risk of a third party refusing to accept the document as it may appear that the document has been tampered with.
Copying a Notarized Document
If you need a copy of a notarized document, copy the document one page at a time, without removing the staple, flip style. If copies are made be sure to always get the original back.
Certified Copy
A certified copy is a copy document, that has a certificate by a notary that it is a true copy of the document. It does not certify that the primary document is genuine, only that it is a true copy of the primary document. Government issues documents such as birth certificates cannot not be made a certified copy.
Notaries Public perform many important functions. We ensure proper authentication and execution of documents, and to defer fraud by positively identifying the signer of the document. Our seal indicates that we executed the duties of the tasks defined by our commission. Florida Notaries can notarize a handwritten document, however, the document presented must include the following: 1) identify the signer; 2) include statements; 3) have a signature line for the signer; and 4) contain a notarial certificate.
Documents Written in a Foreign Language
We need to be able to determine the signer's name, the notarial act required, the date of the document, and whether the document is complete. Such as no missing pages or blank spaces that look like they should be filled-in.
Notarial Certificates in a Foreign Language
The foreign-language certificate must be replaced with one written in English. We are required to make this alteration.
ID Cards
The only type of ID card we can accept must be issued by State or Government agency.
These are generally:
Drivers License or State ID Card
Military ID
Passport
A work identification card has no expiration and therefore, is not a legitimate form of ID. The ID must contain a Signature, Physical Description, Photo, and Expiration to be acceptable.
The examples of documents that can be notarized are:
Acknowledgements
Adoption papers
Advanced Medical Directives
Affidavits
Affirmations
Bank Power of Attorney
Bill of Sale
Business contracts
Business documents
Business Partnerships
Certified Copy non-recordable documents
Certified Copy of Power of Attorney
Declaration of common law union
Declaration of guardianship
Declaration of lost or stolen passport
Deeds of Easement
Deeds Releases
Dissolution of Marriage
DMV Traffic School Final Exam
Documents for Apostilles
Durable Power of Attorney
Employment forms
Financial documents
Foreign Adoptions
Government Forms
Grant Deeds
Incorporations
Investment Documents
Jurats
Lease Agreements
Lien Releases
Living Trust Documents
Loan closings
Medical records
Medical treatment consent
Mortgage closings
Name Changes
Oaths, Sworn in for Testimony
Pension and Retirement documents
Personal Statements
Pre-Marital Agreements
Prison Inmate documents
Professional licensing
Promissory Notes
Proof of residence
Protesting a bill for non-payment
Quit Claim Deed
Real Estate
Real Estate Documents
Residential Loan documents
School district residency
Title Escrow closings
Transfer of property ownership
Travel consent
Vehicle Title Transfer
Wills
A notary cannot notarize the document under these circumstances:
If signer is not physically present.
If the document contains missing pages or blanks that should be complete at the time of notarization.
Post-date a notarial certificate, or date it earlier than the actual date of notarization.
If the notarial certificate is blank.
If the signer cannot be positively identified through personal knowledge or satisfactory evidence of identification.
If the document is not "original," bearing the signer's original signature.
If the required notarial act is not indicated by the document, the signer, or someone connected to the document.
Notaries Cannot:
Authenticate or validate objects.
Give advice or opinions that should be given by an attorney.
Proceed with a notarization if the signer appears confused or mentally incapable of understanding the transaction.
May not proceed with notarization if they think the transaction is illegal.
The examples of documents that cannot be Notarized are:
Birth and Death Certificates
These are recordable documents, and a certified copy can only be issued by the governmental agency. However, a notary public has the authority to certify copies of original documents that are not recordable in the public records.
Photographs
Notarizing photographs is not an authorized notarial act. However, we can notarize a statement about a photograph with the photograph as an attachment.
Names that don’t match
The name on the document does not match the name on the ID.
Documents with blanks
Documents must be complete and have no blank spaces. However, if there are blanks that are to be left blank, The Signer will be asked to insert “to be added later,” or “N/A”.
Faxed or copied signatures
A photocopied signature may never be notarized.
Backdate or forward date a notarization
We cannot backdate or forward date a notarization. The document can bear the date it is created or becomes effective, but document is notarized with the same date of the day the notarization.
Preparing or choosing the document
Notaries are prohibited from preparing or choosing the documents for signing. The only forms we have are notarization forms when one isn’t provided with the document to be notarized.
Please see FAQs for a list of forms that can be Notarized.