Does Your Document Require Both a Witness and a Notary? 📃

Be prepared before your notarial appointment.

The words “witness” and “notary” are sometimes used as though they mean the same thing, but they refer to different roles.

Depending on the document and applicable law, a signer may need a notary, one or more witnesses, or both.

What Does a Notary Do?

A notary performs an authorized notarial act. Depending on the certificate and jurisdiction, this may involve:

• verifying the signer’s identity

• confirming willingness to sign

• administering an oath or affirmation

• completing the notarial certificate

• applying an official signature and seal

The notary does not automatically serve as a document witness unless permitted and willing to do so.

What Does a Witness Do?

A witness generally observes the signer execute the document and may sign a separate witness section.

Witness requirements can vary based on:

• the type of document

• the state or country where it will be used

• instructions from the receiving organization

• the number and qualifications of required witnesses

Confirm the Requirements First

Before the appointment, ask the document preparer or receiving organization:

• Are witnesses required?

• How many witnesses are needed?

• May the notary also serve as a witness?

• Are there restrictions on who may witness?

• Must everyone be physically present together?

Remote online notarization laws and platform rules may also affect how witnesses participate.

A notary and a witness perform different functions. Confirming the requirements before your appointment can help prevent delays and the need to repeat the signing.

FC Signings & Co. encourages clients to review all instructions and arrange any required witnesses before booking.

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