Signer Created Documents

The Signer-Generated Document
ASN Hot Tip, October 2008

The Situation: The client has a document that she has written by hand (or typed or created on a word processor) and wants her signature “notarized.” There is no notarial language on the document, but the signer is sure she wants the notary to perform a notarial act.

The Notary’s Dilemma: Can a notary perform a notarial act over a document created by the signer?

The Solution: A notary may take the acknowledgment of or give an oath or affirmation to a client who will be signing a document of her own creation. The document will have to meet all the requirements for the performance of a notarial act, however.

Examine the client-generated document as you would any document brought to you for the performance of a notarial act. First, make sure you have all the pages of the document. Never accept just the signature page for the notarization. If you are unsure, ask the client if she has presented the whole document to you. 

Second, make sure the document text is complete. You are not required to read the document, nor should you; however, you should scan the document and be satisfied that it is complete and ready for notarization, and that you can record the essential information about the document in your notarial recordbook.

Even though the client created the document, if there are any blanks in the text, call them to her attention, and ask her if these blanks were meant to be filled-in prior to the notarial act. If so, she must address the blanks in some way, either by adding the appropriate information or indicating "none" or "NA." Have the signer initial any changes that she makes on the document.

Ensure that if the document is dated, its date is today or earlier, NEVER later. If the client has not dated the document (and assuming there is no blank for the document date since the client created the document), advise her that you will be noting in your notarial recordbook entry that the notarization was performed for an undated document.

You may also explain to the client that should she decide to date the document, you may notarize a document dated today or earlier, but you cannot notarize if the document is dated after today. The signer must use this information to decide whether and/or when to date the document…you cannot direct the signer or give your opinion in this matter.

We have already said that the document in this example has no notarial certificate on it, a common occurrence with signer-generated documents. As the notary, you are prohibited from choosing the notarial act. Instead, you must ask the signer for direction: "Would you prefer to take an oath (or affirmation), swearing that the contents of the document are true, or would you rather make an acknowledgment, stating that you understand the document's contents and effect and are signing it voluntarily?" The choice is the signer's to make, and you may not give advice, unless you are an attorney licensed to practice law in your state.

The signer may not know or understand about the requirements for a notarization and may say, "I just want you to notarize my signature." Signers often do not realize that notaries are required to do more than just sign their name and affix their seal. You can provide the signer with a sample of notarial language for a jurat certificate and an acknowledgment certificate and explain the differences between the related notarial acts, but the choice belongs to the signer.

If the client has added a notarial certificate to the document, herself, check to see that it complies with state law. Make any necessary amendments to the notarial language by striking through incorrect text and writing-in the correct language, or attach a loose notarial certificate. (Amending the notarial certificate is within your notarial authority; it is not a case of changing the document content.) You may then proceed with performing the appropriate notarial act as indicated by the notarial certificate language: “sworn/affirmed” means you will be giving the client an oath or affirmation and “acknowledged” means that you will be taking the client’s acknowledgment.

YOUR MOST COMMON VERBAL CEREMONIES

Acknowledgment:
"Do you acknowledge or declare that you understand this document and have signed it voluntarily for the purposes stated in it?"

Oath:
"Do you swear under penalties of perjury that the information contained in this document is the truth, so help you God?"

Affirmation:
"Do you affirm under penalties of perjury that the information contained in this document is the truth?"

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