Surprising Truths About Notary Publics That Everyone Should Know
- MobileNotarybyDerrickSpruill
- Nov 18
- 5 min read
For most people, a notary public is simply someone who watches you sign a form, asks for your ID, and applies an official-looking stamp. The entire process seems routine, almost ceremonial. However, beneath that simple act lies a world of surprising complexities, significant responsibilities, and counter-intuitive rules that govern this essential public service.
This article, based on official state handbooks and laws, will reveal five of the most impactful and little-known facts about the world of notarization. These truths highlight the critical duties notaries perform and the personal liability they carry, proving their role is far more than just a rubber stamp.
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They Can Often Notarize Documents They Can't Read
It may seem unbelievable, but in most states, a notary is permitted to notarize a signature on a document written in a language they do not understand. This is one of the most common points of confusion for both the public and notaries themselves.
The crucial distinction lies in what, exactly, is being notarized. While the main document—a contract, affidavit, or agreement—can be in a foreign language, the notarial certificate must be in English or a language the notary can read and write. This certificate is the specific block of text the notary completes, such as an acknowledgment or a jurat, which certifies the facts of the notarization.
Critically, the notary must be able to communicate directly with the signer without the use of an interpreter. This ensures the notary can properly verify the signer's identity, confirm their understanding and willingness to sign, and administer an oath if required. The state of Arizona is a notable exception that expressly permits the use of an interpreter. The reason for the general rule is clear: a notary's primary duty is to verify the identity of the person signing and witness the act of signing, not to read, interpret, or validate the contents of the document itself. In cases where a notary cannot identify the type of document, California law requires them to make a note in their journal, such as "a document in a foreign language," reinforcing their procedural duties.
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They Can Notarize a Signature for Someone Who Isn't Physically Present (But It's Complicated)
The bedrock rule of notarization is that the signer must personally appear before the notary. However, a rarely used and highly complex procedure called "Proof of Execution by a Subscribing Witness" creates an exception.
As detailed in the California Notary Public Handbook, this process allows a signature to be notarized even if the principal signer is not present. The procedure relies on an intricate chain of identity verification that highlights its complexity:
The Principal signs the document but does not appear before the notary.
A Subscribing Witness personally watches the principal sign the document (or hears the principal acknowledge their signature) and then signs the document as a witness. This subscribing witness is the one who appears before the notary.
A Credible Witness personally knows the subscribing witness and appears with them before the notary. But here is the most surprising link in the chain: the notary public must personally know the credible witness. This personal knowledge is the legal linchpin that allows the notary to establish the identity of the subscribing witness, who in turn proves the identity of the principal signer.
This intricate procedure is not a simple workaround. To prevent fraud in high-stakes transactions, its use is prohibited for many critical documents, including grant deeds, mortgages, deeds of trust, and powers of attorney in California.
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A Notary's Bond Protects the Public, Not the Notary
Many notaries are required to obtain a surety bond before they can perform their duties. A common misconception is that this bond acts as an insurance policy to protect the notary from legal claims. The opposite is true.
A notary bond is designed to protect the public by creating a limited source of funds for claims filed against the notary for financial damages resulting from their official misconduct or negligence.
The notary public bond is not an insurance policy for the notary public. The bond is designed only to provide a limited source of funds for paying claims against the notary public.
If the bonding company has to pay out a claim due to a notary's error, the notary remains personally liable for the full amount of the damages. The notary may even be legally required to reimburse the bonding company for any funds it paid to the injured party.
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Their Official Journal Belongs to Them, Not Their Employer
Many notaries public perform their duties as part of their job, and their employers often pay for their commission, supplies, and the official journal where all notarial acts are recorded. Despite this, the law is clear: the notary's sequential journal is their exclusive personal property.
This rule holds true even if an employer paid for the journal and the notarizations were performed solely for business purposes. The California Notary Public Handbook states this unequivocally:
The sequential journal is the exclusive property of the notary public and shall not be surrendered to an employer upon termination of employment, whether or not the employer paid for the journal, or at any other time.
This is significant because it reinforces the notary's position as an impartial public official. They are personally responsible for their notarial acts and the integrity of their records, independent of their employment status. The journal is a record of their official acts, not their employer's.
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Remote Online Notarization Isn't Legal Everywhere (Yet)
In an age of video calls and digital signatures, it's natural to assume that you can get a document notarized over Zoom or a similar platform. While this technology, known as Remote Online Notarization (RON), is gaining traction, it is far from being a universally accepted practice.
Many states, including major ones like California, are still in the process of implementing full RON capabilities. The rollout is often staged and subject to the completion of complex state technology projects. For example, California's Online Notarization Act will not be fully operative until the Secretary of State completes a technology project, with a deadline as far out as January 1, 2030.
Until these laws are fully implemented, the traditional standard of physical personal appearance remains the law. As the California handbook clarifies:
A video image or other form of non-physical representation is not a personal appearance in front of a notary public under California State law.
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Conclusion: A Newfound Respect for the Notary's Seal
The role of a notary public is far more nuanced and carries more personal responsibility than most people realize. From navigating complex identity-proofing procedures to safeguarding the public against fraud, a notary's duties extend well beyond simply stamping a document. They are public officials acting as the first line of defense in ensuring the integrity of our most important transactions.
The next time you see a notary's seal, will you have a greater appreciation for the complex duties and crucial trust it represents?
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