Are Notaries allowed to read documents?
Asked by: Mikayla Stokes Sr. | Last update: October 21, 2025Score: 4.7/5 (61 votes)
No, it is not illegal; however, the Notary should not read the documents they notarize because it is unnecessary and could possibly be a violation of the signer's privacy. You may scan over the document to obtain the information you need for your journal entry of the notarization. Confronted with a tricky notarization?
Does a notary read the document?
Getting a notarized document means that a signature is legitimate—and nothing more. Notaries are not required (or expected) to read through the material, evaluate it for you, or provide legal advice.
What makes a notary invalid?
Missing or Incorrect Notary Seal
States like California and Texas have specific requirements for the placement and design of the seal. Without a proper seal, legal and financial institutions may reject the document.
What is the most common mistake made by a notary?
One of the most common mistakes that notaries make is not printing or signing their name exactly as it appears on their notary commission.
What can notaries not charge for?
Some states prohibit their notaries from charging or collecting a fee for notarizing a signature on any absentee ballot or absentee voter registration.
Notarizing Documents: Frequently Asked Questions!
What is a notary prohibited from?
Notaries cannot authenticate or validate objects. Notaries cannot give advice or opinions that should be given by an attorney—this is unlicensed practice of law.
Can a document be legal without a notary?
Many types of written contracts don't require a notary public to be valid. However, if a person's signature has been notarized, generally, courts waive the legal obligation or duty to prove contract authentication. This can save you a lot of time and money.
What is notary misconduct?
Examples of notarial misconduct include the following: 1) the notary notarized an instrument without the signer being present; 2) the notary failed to establish the identity of the signer by satisfactory evidence; 3) the notary failed to execute proper notarial procedures; and 4) the notary knew that the document ...
Can you edit a document after it's been notarized?
In fact, the signer has the sole right to make changes to the document. Remember, if the notarization period is complete, then the public notary cannot modify a notarial certificate. In order to make changes, however, the signer has to appear in person in the presence of a notary public to initiate new notarization.
What happens if you do a notary wrong?
What happens if a notary makes a mistake? The National Notary Association suggests that even the smallest mistake could have dire consequences. The notarized document could get rejected. A mistake that results in a rejection can result in late fees and penalties on the part of the client.
Are notaries verified?
Each applicant's notary commission is verified, checking its validity directly with state databases where available or requiring official documentation as proof.
How do you void a notary?
To void a notarized document, legal proceedings must be initiated, often through a petition or lawsuit. This process involves collecting evidence to support claims of fraud, coercion, or errors in the notarization.
Can a notary authorize their own signature?
While this may seem convenient if a notary has a document to be notarized, the short answer is no, you cannot notarize your own signature. First, there is an obvious conflict of interest. A notary cannot notarize a document in which he or she has an interest, financial or otherwise.
Do notaries keep a record?
California requires its Notaries to keep all completed journals as long as they maintain a current Notary commission. California Notaries whose commissions end without being renewed must turn in their journals within 30 days to the county clerk's office where their oath of office is on file.
What happens if a notary does not witness signature?
In fact, most state notary laws prohibit a notary from notarizing a signature if the signer is not present. Violating the personal presence requirement may result in monetary loss for the client and lead to a lawsuit against the notary or a claim against the notary's bond.
Is notary a court document?
There is a huge misconceptions that if individuals go and get a document notarized everything is good, but that is not the case because the notarized document is not a court order, it is an agreement between the parties, but ultimately it cannot be enforced because it is not signed off by a judge.
Can a notary change their signature?
No. A notary public may not simply “X” out his or her notary signature and seal on a notarial certificate that contains mistakes. Changes to a notarial certificate must be made only at the time of the execution of the notarization when the principal signer is present.
Can a notary legalize a document?
Both of these acts are sometimes referred to as "notarizing a signature." With an acknowledgment, the signer is declaring before the notary that he or she has voluntarily executed the document. With an oath, the signer is swearing (or affirming) to the notary that the contents of the document are true and correct.
Is it legal to change a document after signing?
Yes, altering a signed document is illegal and considered forgery, which is a serious crime with significant legal consequences.
Who can act as a notary in South Africa?
Training and Qualifications
To become a notary in South Africa, one must first qualify as a solicitor. Following this, a prospective notary needs to apply to the High Court after practising as a solicitor for a minimum of two years.
Can a notary refuse?
The criteria for notarization is not met.
As a notary, you should always refuse to notarize if the requirements for notarization are not satisfied, such as when: The signer fails to personally appear before you. The signer fails to provide proper identification.
Can you break a notarized agreement?
Notarization does not make a contract legally binding; it certifies the authenticity of the signatories and their willingness to enter the agreement.
Does a signed paper hold up in court?
The Power of a Legally Binding Document
Any written or verbal agreement between two or more parties can be legally enforced in court.
Is a scanned copy of a notarized document legal?
Are scanned documents legal? Even though you can physically scan a notarized document, this does not necessarily mean the other party is going to accept it. If you are planning on scanning a notarized document, you should reach out to the other party ahead of time to see if he or she will accept it.
Why do documents need to be notarized?
Notarization is the official fraud-deterrent process that assures the parties of a transaction that a document is authentic, and can be trusted. It is a three-part process, performed by a Notary Public, that includes of vetting, certifying and record-keeping.