California Notary Public ExamNotary Public Duties and AuthorityMedium
A Notary Public is approached by a long-term client who frequently uses their services. The client asks the Notary to notarize a document for their spouse, who is currently out of the country. The client assures the Notary that the spouse signed the document before leaving and provides a valid identification for the spouse. What should the Notary Public do?
- ASuggest the client have the spouse sign again upon their return.
- BRefuse the notarization because the spouse is not physically present.
- CProceed with the notarization, as the client vouches for the signature and provides ID.
- DNotarize the document but make a detailed note in the journal about the spouse's absence.
Show answer & explanationAnswer & explanation
Correct answer: B. Refuse the notarization because the spouse is not physically present.
Physical presence of the signer is a fundamental requirement for all notarial acts. A Notary Public must personally witness the signer's signature or receive an acknowledgment of the signature from the signer directly. The client's assurances or providing ID for an absent signer are insufficient.
Why the other options are wrong
- A. While good advice, the immediate duty is to refuse the current request due to lack of physical presence.
- C. Vouching for a signature and providing ID for an absent signer does not meet the physical presence requirement.
- D. A journal note does not legitimize an act performed without physical presence; it's a violation.
Mandatory Physical Presence
For a Notary Public to perform a notarial act, the signer must be physically present before the Notary at the time of the act. This ensures the Notary can verify identity, willingness, and observe the signing or acknowledgment.
- Signer must be physically in Notary's presence.
- No exceptions for trusted clients or remote signers.
- Essential for verifying identity and willingness.
Memory trick: Present in Person, Not Just on the Phone's Listen.