Why Notaries Cannot Simply Stamp and Sign a Document 📑

Notaries follow their state’s protocal.

"Can you just stamp this?"

It's a question notaries sometimes encounter.

But a proper notarization involves much more than placing a stamp on a piece of paper.

A Notarial Act Must Take Place

A notary's seal is evidence associated with an authorized notarial act. It isn't a general-purpose stamp that can simply be added to a document because someone requests it.

Depending on the required notarial act and applicable law, the notary may need to:

• Identify the signer

• Require personal appearance

• Confirm willingness

• Administer an oath or affirmation

• Observe a signature when required

• Complete a notarial certificate

• Make any required journal entry

The Certificate Matters

The notarial certificate records information about the notarial act performed.

Simply adding a signature and seal without properly completing the required act can result in an improper notarization.

Why This Protects Everyone

Notarial procedures exist to help protect the integrity of transactions and records.

Following those procedures protects:

• The signer

• The receiving party

• The notary

• The integrity of the document

Remote Notarization Isn't Just an Electronic Stamp Either

Remote online notarization still requires a formal process.

The fact that the signer and notary meet online does not eliminate identity verification, appearance, recordkeeping, or other applicable requirements.

Technology changes where the interaction occurs—not the importance of performing the notarial act properly

A notary's stamp may be the most visible part of a notarization, but it isn't the notarization itself.

The real work happens in the process surrounding that seal.

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This article is for general informational purposes only and does not constitute legal advice.