"Should Notaries Read the Entire Document?
One of the most common questions notaries ask is, “Am I supposed to read the entire document before notarizing it?” The answer depends on the circumstances.
In most states, a notary’s duties are ministerial in nature, which means a notary is not required to determine the legality, fairness, or accuracy of a document’s contents. For example, if a signer signs a contract selling a vehicle for one dollar, the notary is not responsible for deciding whether the transaction is fair or whether the signer made a good decision. The notary’s role is limited to verifying the signer’s identity, confirming that the signer is signing willingly, determining that the signer appears aware of the transaction, and completing the notarial act properly by following their state’s notary laws.
With that being said, a notary should scan the document to:
Check for blank spaces that could be filled in later.
Ensure no pages appear to be missing.
Identify any information needed to record the notarial act in the notary journal, if required by state law.
Verify that the signer’s name on the document is consistent with the name on the identification presented.
Determine the notarial act to be performed based on the notarial certificate.
Review the notarial certificate to ensure its wording complies with state law.
Although notaries are generally not required to read the entire document, there are exceptions. For example, some states, such as Florida, Illinois, and Indiana, require the notary to read the entire document to a signer who is blind before performing a notarization. In these situations, the notary is not reading the document to provide legal advice, determine whether the document was properly prepared, or assess its legal sufficiency. Rather, the notary is fulfilling a specific duty required by their state’s notary law. Notaries should be familiar with the laws of the state where they are commissioned and comply with any special requirements that apply to particular signers or notarizations.
The key takeaway is that notaries should scan through the document for the information needed to properly perform the notarial act and identify obvious issues that could affect the notarization. Unless state law requires otherwise, a notary is not required to read the entire document.
Legal disclaimer: The American Association of Notaries is committed to providing accurate and up-to-date information in our newsletters. However, it is important to note that the information provided in our newsletters is for general informational purposes only and should not be relied upon as legal advice. We do not claim to be attorneys and we do not guarantee the accuracy, completeness, or reliability of the information provided. You should always seek the advice of a licensed attorney for any legal matters. In no event shall the American Association of Notaries, its employees, or contractors be liable to you for any claims, penalties, losses, damages, or expenses, howsoever arising, including, and without limitation, direct or indirect loss, or consequential loss, out of or in connection with the use of the information contained in the American Association of Notaries newsletters. It is your responsibility to know the appropriate notary laws governing your state. Notaries are advised to seek the advice of their state’s notary authorities or attorneys if they have legal questions. If a section of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other sections of this disclaimer continue in effect."