Can you back date a notary?
Asked by: Miss Tamara Nikolaus MD | Last update: August 10, 2025Score: 4.1/5 (15 votes)
Risk: You are asked to backdate or alter a notarial certificate. Why It's Dangerous: This is illegal and a warning sign that the request involves a serious breach of ethics or law, especially if the requester insists that it be backdated.
Is it legal for a notary to backdate a document?
Backdating a document may seem harmless enough, but under no circumstances should a notary public include a date other than the current date of the signing. Backdating is both unethical and, more importantly, illegal. Including a prior date on the document can come back to haunt notaries later down the road.
Does the date on a notarized document matter?
A notary is not responsible for the contents of a document including the date. For every California Recorder I've ever dealt with, they do not look at the date of the document and compare it to the acknowledgment date. It's the lender that has concerns about the dates.
Can I notarize a document signed in the past?
Since the signer is only acknowledging his or her signature, the signature could have been affixed some days, weeks, months, or even years earlier. As long as the signer is personally present before the notary and acknowledges the signature, then the notary can proceed with performing the notarial act.
Is there a time limit on notarized documents?
In summary, notarized documents do not expire and remain valid indefinitely unless there are specific laws or regulations that require them to be updated or renewed. It is important to understand your local laws in order to ensure that all documents remain up-to-date and legally binding.
Should the date on the notarial certificate match the date that the notarized document was signed?
Does notary have to be dated?
A properly dated document is a requirement of a lawful notarial act. You will also have to date the notarial certificate that is attached to the document. The date on which the notarial act was performed is the third piece of information entered on the notarial certificate (after the State and Venue).
What makes a notarized document 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.
Can you notarize something after the fact?
In layman's terms, no – you cannot notarize an already signed document. You can notarize documents like power of attorney, wills, and affidavits. Ordinarily, you just need to sign a document in the presence of a notary, and you're good to go.
Does an expired notary void a legal document?
If a notary seal has expired, then the document may be rejected. It is important to make sure the seal is valid before leaving. There might also be a situation where the notarial certificate is incomplete.
Can you notarize the back of a document?
Usually, notarization is completed right below the text that someone is signing off to. A signature can be notarized on the back side of the last page of the double-sided document you describe.
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.
Does the date of signature matter?
Date signed
The “signature date” is important as it is evidence of what day a party has signed. Since a contract is formed between at least two or more signing parties, it's possible that both signing parties sign on the same date or on different dates.
Can you fold a notarized document?
You can do this by folding or flipping the pages, without removing the staple. When a certified document has been tampered with, the only remedy is to start the entire notarization, county and/or state certification process all over again.
Can I backdate a document?
You should never backdate a document that adversely impacts the rights of a third party or violates the law. This is even if there was no intentional ill will. You should also never backdate a contract to memorialize a prior act unless you are absolutely certain the act actually occurred on that specific date.
Can I notarize a document dated in the future?
Can I notarize a document with a future date? No. The execution of a notarial certificate must always contain the actual date of the notarization. The notarial certificate must never be postdated or predated to accommodate the signer or anyone else.
Can you edit a document after it has 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.
Can you back date a notarization?
If you are asked to correct a document, be sure to apply corrections only to existing documents. Please note that some states do not authorize you to correct a notarized document - California specifically states “There are no provisions in the law that allow for the correction of a completed notarial act.
Which of the following offenses cancels a notary application?
The examples include but are not limited to: assault, arson, auto theft, burglary, possession or sale of illegal drugs, embezzlement, forgery, fraud, failure to pay child support or failure to comply with a court order.
Is a notary valid without a date?
If there is no date, you can still notarize the signature as you normally would, provided that all other requirements for notarization in your state are met.
Can you notarize an old document?
It depends on the type of notarization requested. For an acknowledgment, the document may be previously signed, and the signer must acknowledge to you that he or she signed the document and did so willingly [G.S.10B-3(1)]. However, if you are performing a jurat, the signer must sign the document in your presence.
Can a document be notarized twice?
Yes, it is OK. You may notarize multiple copies of an original document provided that the signer's signature on each copy is an original signature made in pen and ink and your notarization is “original” for each one. Confronted with a tricky notarization?
Does each signature need to be notarized?
In real life, there's no such rule of “only one named signer per document.” Many documents require the signatures of multiple persons, and any number of those signatures may require notarization. Often, only one of the multiple signers named in a document is present for notarization of their signature.
Does notarization expire?
In California, the period is four years. The commission is accompanied by a notary seal or stamp, which has the commission number and the date of expiration.
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.
Is notarized legally binding?
The notary acts as an impartial witness, verifying the identity of those signing and ensuring they understand what they are signing. Notarization adds a layer of trust and credibility to the document but does not automatically make it legally binding.