Notary · Prohibited Acts and Conflicts of Interest

A document was signed three days ago, and the signer is asking the notary to backdate the notarial certificate to the date of signing. Should the notary comply?

Correct answer

No — backdating a notarial certificate is falsification of a public record; the certificate date must reflect the actual date the notary performed the notarial act, not the date the document was signed; backdating is illegal and can result in criminal charges and licence revocation

  1. A Yes — backdating is a courtesy to the signer
  2. B Yes if the signer insists
  3. C No — backdating a notarial certificate is falsification of a public record; the certificate date must reflect the actual date the notary performed the notarial act, not the date the document was signed; backdating is illegal and can result in criminal charges and licence revocation
  4. D Only if it benefits the signer's legal case

Why this is the answer

BACKDATING PROHIBITION: The notarial certificate date certifies when the notary performed the notarial act — it is a sworn statement that the signer appeared before the notary on that specific date. BACKDATING: Creates a false official record; constitutes fraud and falsification of a public document; can support fraudulent claims about document execution dates; CONSEQUENCES: Criminal charges for the notary (forgery, fraud, filing false documents); civil liability; mandatory licence revocation in virtually all states; CORRECT APPROACH: The certificate must be dated the day the notary performs the notarisation, not the document's date or signature date; if there's a discrepancy, a note can be added that the document was signed on a different date; but the certificate date is the date of the notarial act — NEVER backdate; COMMON PRESSURE: Real estate transactions sometimes involve documents that should have been notarised earlier — the notary must refuse backdating and explain why.
Source: NNA Notary Training — Prohibited Acts, Backdating

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