Does a Notary Have to Read the Document They Are Notarizing?

No, a notary is generally not required to read the entire document they are notarizing, and in most cases, they should not. The core responsibility of a notary public revolves around the notarial act itself, not the content of the document.

Understanding the Notary's Limited Scope

A notary public serves as an impartial witness to the signing of documents and the identity of the signer. Their primary duties include:

• Verifying the identity of the signer.
• Ensuring the signer appears willing and aware of what they are signing.
• Administering oaths or affirmations, if required.
• Witnessing the signature.
• Completing the notarial certificate.

The notary's role does not extend to validating, interpreting, or giving advice on the document's content or legality.

Why Notaries Should Avoid Reading Documents

There are several compelling reasons why a notary should refrain from reading the full text of the documents presented to them for notarization:

• Privacy Concerns: Documents brought for notarization often contain highly sensitive and private information, such as financial details, medical records, personal agreements, or wills. Reading these documents could constitute a violation of the signer's privacy.
• Unnecessary for the Notarial Act: The substance of the document is irrelevant to the notary's duties. The notary's focus is on the signer's identity and willingness, not on the agreement's terms or legality.
• Avoiding Unauthorized Practice of Law: Reading the document could inadvertently lead a notary to offer an opinion or advice on its content, which could be misconstrued as practicing law without a license. Notaries are prohibited from providing legal advice.
• Maintaining Impartiality: To remain impartial, a notary should not become involved in or aware of the document's specific contents. Their neutrality is a cornerstone of the notarial act.

What a Notary Can and Should Do

While a notary should not read the entire document, there are specific instances where they may scan or review certain parts:

• Identifying the Document Type: A notary may briefly scan the document's header or first page to ascertain its general type (e.g., "Power of Attorney," "Deed," "Affidavit") for their journal entry or to determine the correct notarial certificate required.
• Locating the Notarial Certificate: The notary needs to identify where the notarial certificate is located, or if one needs to be attached.
• Ensuring Completeness for Notarial Act: A notary might verify that the document appears to be complete for the purpose of the notarization (e.g., signature lines are present and filled in front of them).

Best Practices for Notaries

To perform their duties effectively and ethically, notaries should adhere to the following best practices:

• Focus on Identity and Will: Prioritize verifying the signer's identity and confirming they are signing willingly and understand the nature of the document (e.g., it's a deed, a contract), but not its specific clauses.
• Protect Confidentiality: Always act in a manner that protects the signer's privacy and the confidentiality of their documents.
• Maintain Impartiality: Avoid any action that could compromise your role as an unbiased witness.
• Refer to Legal Counsel: If a signer asks for an explanation of the document's content or legal implications, a notary should always advise them to seek advice from a qualified attorney.

Do's and Don'ts for Notaries Regarding Document Content