Notarization

What does Notarization mean?

Notarization is the formal act of having a notary public confirm who signed a document and that they signed it willingly, then certify that fact with a signature, seal and journal entry. When people ask what it means to get a document notarized, this is the answer: the notary does not vouch for the contents, only for the identity and intent of the person signing.

In practice, the signer appears before the notary, presents government-issued identification, and signs (or acknowledges an earlier signature) in the notary's presence. The notary completes a certificate, usually an acknowledgment or a jurat, applies an official seal, and records the act in a journal where state law requires one. Fees and exact formalities are set by each state.

Picture a landlord selling a rental property. The lease renewals with tenants can be signed electronically in minutes, but the deed transferring the property will typically need to be notarized before the county recorder accepts it. Same person, same week, two very different signing requirements.

A common misconception is that notarization makes a document legally valid or proves it is true. It does neither. Most business contracts are perfectly enforceable without a notary, and an electronic signature under the ESIGN Act and UETA carries the same weight as ink for those agreements. Notarization matters when a statute, a recorder's office or a counterparty specifically asks for it.

Notarization sits alongside the witness signature as one of the traditional formalities that add an extra layer of assurance. It can now be done over video through remote online notarization, which most US states have authorized in some form, though the rules differ from state to state.

Before booking a notary, check exactly what the receiving party needs. Some want a specific certificate wording, some accept only originals, and a few documents need both a notary and witnesses. Asking first saves a second trip.

Our take: notarization is valuable exactly where the law asks for it, such as deeds, certain affidavits and some powers of attorney, and needless friction everywhere else. If nobody has told you a document must be notarized, it probably does not need to be, and a clear audit trail will serve you better than a stamp.

eSignSimple does not offer notarization or remote online notarization. We focus on simple electronic signatures with an audit trail, a certificate of completion and a SHA-256 hash you can check on our public verify page. For documents that need a notary, use a commissioned notary or a dedicated RON provider.

What is an example of notarization?

A car seller in Pennsylvania needs the vehicle title transfer notarized. The buyer and seller meet a notary at a bank branch, show their driver's licenses, and sign in front of the notary, who adds a seal and records the act in a journal. The bill of sale they signed beforehand on eSignSimple did not need a notary at all.

Acknowledgment or jurat: which notarial act do you need?

In the US, the two most common notarial acts are the acknowledgment and the jurat. With an acknowledgment, the signer declares to the notary that the signature on the document is theirs and that they signed willingly; in many states the document can be signed beforehand, as long as the signer appears in person before the notary. Deeds and powers of attorney typically use acknowledgments.

A jurat is used for sworn statements such as affidavits. The signer swears or affirms that the contents are true and signs in front of the notary, who then completes the jurat certificate. Notaries generally cannot choose the act for you, because that would amount to legal advice, so the document or the receiving office should say which certificate is needed. If it does not, ask them before the appointment.

What should you bring to a notary appointment?

Bring the complete, unsigned document if the act is a jurat, and do not date or sign it in advance unless you have been told to. Bring a current, unexpired government photo ID whose name matches the name on the document; mismatches like a missing middle name or a maiden name are a frequent reason for a refused notarization. If several people must sign, all of them need to attend with their own ID.

Check the fee and payment method beforehand, along with whether the notary needs witnesses for your document. Some documents require a notary and one or two witnesses at the same time, and not every notary office supplies witnesses. Finally, ask how many originals you need: each notarized original usually needs its own certificate and fee.

Do documents used abroad need more than a notary?

Frequently, yes. A notary's stamp is recognised in the country where the notary is commissioned, but a foreign authority may also want proof that the notary is genuine. Between countries that are party to the Hague Apostille Convention, that proof is an apostille issued by a designated authority. Outside that system, documents may need a longer chain of authentication and consular legalisation.

Note also that the word notary means different things in different legal systems. In much of continental Europe and Latin America, a civil-law notary is a highly trained legal professional who drafts and authenticates deeds, while a US notary public is primarily an identity and signature witness. Do not assume a US notarization will be treated as equivalent abroad; ask the receiving authority what it accepts.

How do notarized and electronically signed documents fit together?

In a typical deal, most paperwork is signed electronically and only one or two items go to a notary. A small business buying a property might sign the purchase agreement, side letters and bill of sale online, and only notarize the deed for recording. Keeping those two tracks separate, rather than notarizing everything out of caution, saves both money and days of scheduling.

Which terms are related?

• Wet signature: A wet signature is a handwritten signature made with ink on paper, still required for some documents like wills and certain property or court filings.
• Witness signature: A witness signature is made by a third party who confirms they saw the signer sign a document, often required for wills, deeds and some affidavits.
• Remote online notarization (RON): Remote online notarization (RON) lets a commissioned notary notarize a document over a live audio-video session using electronic signatures and seals.
• Signer authentication: Signer authentication is how an e-signature platform confirms that the person signing a document is the person it was sent to.
• Knowledge-based authentication (KBA): Knowledge-based authentication (KBA) verifies a signer's identity by asking questions drawn from public and credit records that only they should know.