IN Notary Document Handling 2 — Questions and Answers
Question 1: An Indiana notary receives a document with blank spaces that should contain information. What should the notary do?
- Fill in the blanks for the signer
- Notarize the document as-is
- Refuse to notarize until all blanks are completed by the signer (Correct answer)
- Cross out the blank spaces and initial them
Correct answer: Refuse to notarize until all blanks are completed by the signer
A notary should refuse to notarize a document with blank spaces that are meant to contain information, as this could lead to fraud after notarization.
Indiana notaries should refuse to notarize incomplete documents because blank spaces can be filled in after notarization with unauthorized content. The signer should complete all required fields before presenting the document for notarization. The notary should never fill in blanks for the signer, as this could constitute unauthorized practice of law or create liability. If blanks are intentionally left empty, they should be lined through before notarization.
Question 2: Can an Indiana notary notarize a document that has been previously notarized by another notary?
- No, a document can only be notarized once
- Yes, a document may require multiple notarizations for different signers (Correct answer)
- No, unless the first notarization is officially voided
- Yes, but only if the original notary is deceased
Correct answer: Yes, a document may require multiple notarizations for different signers
A document may be notarized multiple times, such as when different signers appear before different notaries at different times.
There is no restriction on how many times a document can be notarized. Multi-party documents commonly require separate notarizations when different signers appear before different notaries. Each notarization is an independent act verifying that specific signer's identity and acknowledgment. A new notarization might also be needed if the first was defective or if a party needs to re-execute the document.
Question 3: An Indiana notary is presented with a document in which several pages are stapled together. What is the best practice?
- Only examine the signature page
- Review the entire document to ensure all pages are present and intact (Correct answer)
- Remove the staples to check for hidden pages
- Refuse to notarize stapled documents
Correct answer: Review the entire document to ensure all pages are present and intact
Best practice is to review the entire document to ensure completeness and that pages have not been altered or removed.
While the notary is not responsible for the legal content of the document, they should review the entire document to ensure it appears complete and has not been tampered with. This includes verifying that pages are sequential, none appear to be missing, and the document appears intact. This protects both the signer and the notary from potential fraud. The notary should not remove staples unnecessarily but should be satisfied the document is whole.
Question 4: What should an Indiana notary do if a document does not include a notarial certificate?
- Refuse to notarize the document
- Add the appropriate notarial certificate as directed by the signer or the document's requirements (Correct answer)
- Notarize without any certificate
- Contact the Secretary of State for guidance
Correct answer: Add the appropriate notarial certificate as directed by the signer or the document's requirements
If a document lacks a notarial certificate, the notary may attach the appropriate certificate (acknowledgment, jurat, etc.) based on the signer's instructions or the document's requirements.
Not all documents come with pre-printed notarial certificates. When a certificate is missing, the notary should ask the signer what type of notarization is needed (acknowledgment, jurat, etc.) and attach the appropriate certificate. The notary should NOT choose the certificate type for the signer, as that could constitute legal advice. If the signer is unsure, the notary should recommend they consult with an attorney or the entity requesting the notarization.
Question 5: An Indiana notary notices that a document appears to have been altered after it was originally signed. What is the proper course of action?
- Notarize it anyway since the signer is present
- Refuse to notarize and suggest the signer obtain a clean copy (Correct answer)
- Note the alterations in the notarial certificate
- Contact law enforcement immediately
Correct answer: Refuse to notarize and suggest the signer obtain a clean copy
If a document shows signs of alteration, the notary should refuse to notarize it and recommend the signer obtain an unaltered copy.
Notarizing a document that appears altered creates serious liability for the notary and risk for all parties. Signs of alteration include white-out, different ink colors, misaligned text, or pages that don't match. The notary should explain their concern to the signer and suggest they obtain a fresh, unaltered copy of the document. While there is no immediate obligation to contact law enforcement for mere alterations, the notary should document the refusal in their journal.
Question 6: When attaching a loose certificate to a document, what should the Indiana notary include to link the certificate to the document?
- Just their signature and seal
- A description of the document including title, date, number of pages, and signer's name (Correct answer)
- A copy of the signer's ID
- Nothing additional is needed
Correct answer: A description of the document including title, date, number of pages, and signer's name
A loose certificate should include identifying information about the document to prevent the certificate from being attached to a different document.
When a notarial certificate is on a separate page, it must contain enough information to positively identify the document it belongs to. This typically includes the document title or type, the date of the document, the number of pages, the name(s) of the signer(s), and any other identifying details. Without these references, the loose certificate could potentially be detached and fraudulently attached to a different document.
IN Notary Document Handling 2
An Indiana notary receives a document with blank spaces that should contain information.
What should the notary do?