California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is employed by a large corporation. The Notary's supervisor instructs them to notarize a document for a company transaction, but the signer, a company executive, is currently traveling abroad and cannot appear in person. The supervisor assures the Notary that the executive's signature can be verified by company records. What should the Notary do?
- ANotarize the document as instructed, given the employer-employee relationship and internal verification.
- BSuggest a remote online notarization (RON) service, if available in California.
- CDecline to notarize the document, explaining that personal appearance is mandatory for all signers.
- DNotarize the document, but include a statement in the notarial certificate that the signer was not personally present.
Show answer & explanationAnswer & explanation
Correct answer: C. Decline to notarize the document, explaining that personal appearance is mandatory for all signers.
Personal appearance of the signer before the Notary Public is a non-negotiable requirement in California. Neither an employer's instruction nor internal company verification can waive this fundamental duty.
Why the other options are wrong
- A. Employer instructions do not override state Notary laws, especially the personal appearance rule.
- B. Remote Online Notarization (RON) is not currently authorized for California Notaries Public.
- D. Notarizing without personal appearance is a serious violation; adding a statement does not legalize it.
Mandatory Personal Appearance
The signer of a document must, without exception, physically appear before the Notary Public at the time of notarization in California.
- A foundational principle of California Notary law.
- Cannot be waived by employer, client, or any other party.
- Ensures accurate identification and voluntary signing.
Memory trick: Your duty stands, above all demands, with steady hands.