Personal Appearance before a Notary

In New York, and for that matter, every other state, the personal appearance of the signer before a notary is required. Notaries must understand and implement this requirement without exception. Failure to require a personal appearance not only devalues the office but it is in direct violation of the law. Think about it, how else can a notary confirm that the signer is who he or she claims to be? What’s also important is that a notary must avoid exposure to liability.

Why is a personal appearance before a notary so important?

Only when the client is present can the notary:

• • • • • Assess whether or not the client is signing of his or her own free will.
        • There is no other way that a notary can witness the act of signing the document.
        • There is no other way that the notary can satisfactorily positively identify the signer.

In addition, the notary cannot ask the signer to sign his or her journal if the signer is not present to do so. It is prudent for the notary to keep a journal that records the notarial service. When the client signs the notary’s journal, any question related to the signer’s presence can be eliminated.

Covid presented some new definitions to the term, “personal presence.”  Several states have allowed remote notarizations. In New York State, remote notarization became permitted. That is, if said notarization falls in line with the State’s rules.

Methods for remotely identifying a signer in New York

• The notary has personal knowledge of the signer
• by means of communication technology that facilitates remote presentation by the signor of an official, acceptable form of ID, credential analysis, and identity proofing; or
• Through oath or affirmation of a credible witness who personally knows the signor, and who is either personally known to the notary or identified by the previously referenced means of communication technology.

Retail software can be purchased by notaries public to perform identify proofing and credential analysis.

To get a complete understanding of New York’s guidelines for remote notarization, visit NY gov at their website.

Or visit our website to read our other articles related to becoming a notary in New York. Or, check out our notary answers to frequently asked questions.