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Notarial Acts/Documentation

A signer comes to a notary with a document she already signed at home before the appointment. She wants an acknowledgment. May the notary proceed?

A

Yes, but only if the notary personally witnessed the original signing via video call.

B

Yes. For an acknowledgment, the signer only needs to personally appear and acknowledge that she executed the document — the actual signing does not need to happen in the notary's presence.

C

No. A pre-signed document can only receive a jurat, not an acknowledgment.

D

No. The signer must sign the document again in front of the notary for an acknowledgment to be valid.

Correct Answer

B. Yes. For an acknowledgment, the signer only needs to personally appear and acknowledge that she executed the document — the actual signing does not need to happen in the notary's presence.

AI Explanation

Acknowledgment does not require signing in notary's presence. For an acknowledgment, the signer must personally appear before the notary and acknowledge that they executed the document — but the document may have been signed prior to appearing. This distinguishes acknowledgments from jurats, which require the signer to sign in the notary's presence. Civil Code section 1189 and the handbook both confirm that a pre-signed document may receive an acknowledgment.

Notarial Acts/Documentation Question #285
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