Which Notarial Acts Do Not Need to Be Signed in the Presence of a Notary?

When most people think of notarization, they imagine signing a document in front of a notary public. While this is true for many notarial acts, not all of them require the signature to occur in the notary’s presence. Some acts focus on the notary’s certification of facts or copies, rather than witnessing a signature.

In this blog, we’ll break down which notarial acts do not require the document to be signed in front of the notary, and why that distinction matters.

What Is a Notarial Act?

A notarial act is any official duty performed by a notary public under their commission. Common notarial acts include:

• Acknowledgments

• Jurats

• Oaths and affirmations

• Copy certifications

• Signature witnessing

Among these, some require the signer to be physically present at the time of signing, while others only require the signer to be present when the notary performs the act—but the actual signing may have already occurred.

Notarial Acts That Do Not Require the Signature to Be Made in the Notary’s Presence

1. Acknowledgment

In an acknowledgment, the signer confirms that they voluntarily signed a document. However, they do not need to sign the document in front of the notary—they can bring in a document they’ve already signed.

What’s required:

• The signer must appear in person (or remotely, where permitted) before the notary.

• They must acknowledge that they signed the document willingly.

• The notary confirms identity and records the act.

This is commonly used for real estate documents, powers of attorney, and legal agreements.

2. Copy Certification (in applicable states)

A notary may certify that a copy of an original document is true and accurate. This type of act does not involve a signature by a customer—only the notary’s examination and comparison of the copy with the original.

What’s required:

• The notary compares the copy to the original.

• The notary certifies that it is a true and complete reproduction.

• The signer doesn’t even need to sign anything, unless an affidavit is involved.

**Note: Texas notaries public are not permitted to notarize recordable documents. Recordable documents, including birth certificates, marriage licenses, death certificates, and/or divorce decrees, cannot be notarized. Recordable documents are documents that are within a government agencies official record, hence, "recorded." Certified copies of recordable documents may be obtained by contacting the government agency that maintains record of the document

3. Protests (mainly used in financial/legal settings)

A notary may issue a protest for a negotiable instrument (like a dishonored check or promissory note) to confirm that it has been refused or not honored. This is more of a formal certificate and does not involve a signer appearing or signing in front of the notary at all.

What’s required:

• The notary reviews the document and confirms the dishonor.

• The protest is issued as a certificate of that dishonor.

• No signature from the original party is needed at the time of notarization.

Contrast: Notarial Acts That Do Require the Signature in the Notary’s Presence

To clarify, here are the acts that do require the document to be signed in the notary’s presence:

• Jurats – The signer must swear or affirm that the contents of the document are true and sign it in front of the notary.

• Oaths/Affirmations – Although not always tied to a signed document, the act itself (verbal) must be witnessed in person.

• Signature Witnessing – As the name implies, the notary must see the person sign the document.

Why This Distinction Matters

Understanding which notarial acts require real-time signing vs. retrospective acknowledgment can:

• Save time and scheduling conflicts

• Prevent invalid notarizations

• Help avoid unnecessary delays or fees

  
  

For example, if you’re bringing a document to a notary for an acknowledgment, you can sign it beforehand—just don’t forget to bring valid ID and be prepared to affirm your signature was voluntary.

Not all notarizations are the same. In fact, not all notarial acts even involve witnessing a signature being made. Knowing the difference between acknowledgments, copy certifications, and jurats can make your interactions with notaries more efficient—and legally sound.

If you’re unsure which type of notarization you need, check the document’s instructions or ask our notaries before you sign anything.