Some states permit you to notarize a document when the signer cannot be present. Permitted under certain circumstances, this is called proof of execution by subscribing witness. For more information, visit: https://bit.ly/SignerNotPresent
Video Overview:
00:13 Performing A Proof Of Execution By Subscribing Witness
00:55 Taking Extra Care
02:21 Following Your State’s Requirements
How to perform a proof of execution by subscribing witness:
With this act, a person who witnessed the document being signed appears before the Notary public instead of the signer. As the Notary, you verify the identity of the witness and administer an oath or affirmation. The witness signs the document, then you complete the notarization
Not all states allow Notaries to perform proofs, and the states that do permit them often have strict requirements for performing them. So before performing a proof, check your state’s rules to see what their requirements and restrictions are. They can include:
• How the witness is identified
• Who may serve as a witness
• How many witnesses are required
• Whether they may be used for real estate documents
REMINDERS: Because the signer is not present, the risk of fraud with a proof is much greater. Take extra care when performing this notarial act. You should only perform proofs of execution by subscribing witness if you are familiar with them and understand what is required. If you are not familiar with proofs, it is okay to refuse a request to perform one.
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