Does a document have to be signed in the Notaries presence?

No and yes. Documents requiring acknowledgments do not need to be signed in the Notary's presence. However, the signer must appear before the Notary at the time of notarization to acknowledge that he or she freely signed for the purposes stated in the document. We however prefer you to sign or to resign the document any documents in front of the notary.

An acknowledgment certificate indicates that the signer personally appeared before the Notary, was identified by the Notary, and acknowledged to the Notary that the document was freely signed.

On the other hand, documents requiring a jurat must indeed be signed in the Notary's presence, as dictated by the typical jurat wording, "Subscribed (signed) and sworn to before me..."

In executing a jurat, a Notary guarantees that the signer: personally appeared before the Notary, was given an oath or affirmation by the Notary, and signed in the Notary's presence. In addition, even though it may not be a statutory requirement that the Notary positively identify a signer for a jurat, it is always a good idea to do so.

Contact us for a detailed explanation of the process, time frames and costs. If your requirements are complicated or you are experiencing difficulty in following the procedures outlined on this web page, request assistance by contacting us.


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Written by Louwrens Koe Saturday, 18 February 2017 Posted in Apostille FAQ