There has been quite a lot of chatter about handwritten documents and whether notaries public can notarize them. It’s important to note that notaries public are not notarizing, validating, or legalizing the handwritten document.
Rather, notaries public verify the identity of the signer’s signature, not the contents or whether the document is typed or handwritten. Notarization is a process in which the signer’s identity is verified and the signer must be willing and competent.
The general public oftentimes misunderstands what it means to have a document notarized. The signer believes that notarizing will make the document valid or legal. This is not the case as notarization verifies the signer’s identity. It does not validate the contents of the document. In fact, in Nevada for example, notaries public are not required to know the contents of the document they are notarizing, only that the signer is who he/she says he/she is through proper identification.
A handwritten document usually does not have a notarial language attached. If so, a notary public should ask the signer to choose which notarial (will cover this topic for another day) language to use. A notary public should not select or advise the signer as it may be considered an unauthorized practice of law.
As long as the notary public follows his/her State laws about notarization, a handwritten document can be notarized in the same manner as a typed document. A notary public should do the following:
- Ensure Document Completeness: The handwritten document must be complete and contain no blank spaces that could be later filled in.
- Verify Signer Identity: The notary must verify the identity of the signer(s) using valid identification, such as a driver’s license or passport.
- Witness the Signing: The notary must witness the signer(s) signing the document. If the document is already signed, the signer must acknowledge that they signed it.
- Administer Oath or Affirmation (if required): For certain documents, the notary may need to administer an oath or affirmation to the signer(s)
- Complete Notarial Certificate: The notary fills out a notarial certificate, which includes details such as the date, location, and type of notarization performed. The notary’s seal and signature are also included.
- Record in Notary Journal: The notary records the notarization in their notary journal, noting the details of the transaction and the identification provided.
In conclusion, there is no difference between typed and handwritten documents. Both can be notarized as long as the signer has been verified based on State laws and are willing and competent. Notarizing a handwritten document is a straightforward process that adds a layer of security and authenticity for the signer, thereby making the document widely accepted by various business and governmental entities.
