Notary · Types of Notarial Acts

Must the signer be physically present before the notary at the time of notarization?

  1. A No, mail notarizations are fine
  2. B Yes — traditional notarization requires the signer to be physically present (or virtually present in states with Remote Online Notarization) for the notary to verify identity, willingness, and (for jurats) witness signing
  3. C Only for jurats
  4. D Only for acknowledgments

Why this is the answer

Physical presence is a fundamental requirement of traditional in-person notarization. The signer must appear before the notary at the time of the notarial act — not before, not after, not by phone or video (unless authorized under specific Remote Online Notarization laws). Reasons: (1) The notary must verify identity in person; (2) The notary must observe the signer's willingness and capacity (no duress, intoxication, etc.); (3) For jurats, the signer must sign in the notary's presence and take the oath; (4) Physical presence makes fraud and impersonation much harder. Notaries who notarize signatures faxed in, mailed in, or otherwise signed outside their presence commit serious misconduct — this is one of the most common notarial errors and a major source of fraud. Remote Online Notarization (RON) is a separate, regulated process available in many states where the signer and notary connect via video conference with multiple identity verification methods; this is not the same as casual remote notarization and requires specific authorization.
Source: NNA Personal Appearance

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