The latest in notary, Apostille, and business news from New York, NY.
The words "reasonable reliance on the presentation" are key. When identifying any signer, your task is to reasonably determine from the identification presented that the individual is who he or she claims to be. This means no hard-and-fast rule can be applied to every situation. Identifying signers may require you to exercise some judgment.
Read MoreImagine you are asked to notarize a signature — and you realize the individual whose signature is on the document isn't present. "I'll sign it," says the person who brought you the document. "I have power of attorney to act for them."
Read MoreSome Notaries felt it was too risky to proceed with the notarization because of the challenges due to the signer’s physical condition. “If the signer is unable to speak or give his signature, I would not notarize, but advise them to seek a lawyer’s assistance,” said Evelyn K. Graham. “As a Notary, I would not feel comfortable in this situation, even if the signer could blink once for ‘yes’ and twice for ‘no.’ Too much fraud in our world today.”
Read MoreA "representative signer" is a person signing the document on behalf of someone else, or on behalf of a business entity such as a corporation. It is sometimes referred to as acting in a "representative capacity." This can include someone signing a document as an attorney in fact for another individual, a company executive signing business documents, or signing legal documents as a designated officer of an organization or legal entity.
Read MoreNotaries are not expected to be medical or psychiatric experts. But you should still pay attention to whether a signer appears aware and willing to conduct business requiring a notarization. In some states this critical evaluation of a person’s awareness of the transaction is a legal requirement.
Read More
