When a Notary Client is Not Present

When a Notary client is Not Present

You may ask, Can I notarize a document if the client is not present. The answer is YES and NO. It depends on the State in which you are commissioned. Where the answer is YES, there is a huge “BUT.” The client must sign the document in front of a Subscribing Witness. This person then signs a document that states that they have witnessed the signing of the absent person. The notary would issue an oath to the subscribing witness, where they swear that they watched the client sign the document. One example might be when the signer has Power of Attorney.

Rules for Accepting a Subscribing Witness

• Again, the subscribing witness must swear they saw the client sign the instrument
• The subscribing witness then signs a form called a Proof of Execution
• The notary then completes the notarization with the wording required by his or her State

You need to exercise extreme caution when you are asked to fulfill a Proof of Execution. Since you cannot absolutely identify the signer, the potential for fraud can increase dramatically. This is why some states do not even allow Proofs of Execution. Many other states have serious restrictions on Proofs of Execution. So, it is most important that you know your State’s law regarding the use of a subscribing witness. If you live in New York, you can accept a subscribing witness. If you would like to download the certificate, you can do so at ny.gov.

To your good fortune, it would be extremely rare when a notary client is not present. Many notaries we know have never had to accept a request for a Proof of Execution. But, should you receive such a request and, you are not totally familiar with your State law governing this notarial service, don’t be afraid to decline service. But remember, we must act in a professional manner.

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