We all know that notaries public authenticate legal documents. In today’s interconnected world, a client may create or receive a document in another state and, for instance, travel to Florida and request a notarization. But before that, as a notary public, a common question arises: Can a Florida notary notarize a document from another state?
Common notary acts in the United States vary from state to state, with some governing laws. For this reason, it is very important for the notary public to have a solid understanding of the laws of their respective states before performing this type of work.
In today’s blog, we will discuss whether a Florida notary can notarize out-of-state documents.
Role of a Notary Public
A notary public is an impartial official commissioned by the state to serve as a witness during the signing of important documents. Their primary function is to prevent fraud by verifying the identity of the signers, ensuring that all parties understand the contents of the document, and confirming that the document is being signed willingly. Below are some of the examples of documents that often require notarization.
- Contracts
- Affidavits
- Powers of attorney
- Real estate deeds
- Wills
The laws governing notarial acts, however, vary across different states, leading to the question of how notaries should handle documents originating from outside their own state.
Can a Florida Notary Notarize a Document from Another State?
In short, yes—a Florida notary can notarize a document that originates from another state, as long as the notarization is conducted within Florida’s state boundaries. It doesn’t matter where the document was created or where it will ultimately be used. The critical point is that the notarial act itself takes place within Florida.
Let’s consider an example. Imagine a client created a contract in Georgia but travels to Florida for business. While in Florida, they seek out a Florida notary to notarize their contract. In this case, the Florida notary can legally notarize the document, provided the act occurs within Florida, and the notary follows all applicable Florida laws. But the notary public can not travel to Georgia to notarize the contract unless the notary public commissioned in Georgia.
Legal Guidelines for Notarizing Out-of-State Documents
Florida’s notary laws allow a Florida-commissioned notary to notarize any document, even if it’s intended for use in another state or foreign country. However, several important guidelines must be followed to ensure that the notarization is valid:
The Notarial Act Must Occur in Florida
The Florida notary’s jurisdiction extends only to the geographical boundaries of Florida. This means a Florida notary cannot travel outside of Florida to perform a notarial act. For instance, if a document is created in California and the signers request a Florida notary to travel to California for the notarization, the notary must refuse. The signing and notarization must take place in Florida.
Florida Laws Supersede Other States’ Laws
When notarizing an out-of-state document, the Florida notary must follow Florida’s notary laws rather than the laws of the state where the document was created. For example, if a document is drafted in Texas but the notarization occurs in Florida, Florida’s laws will govern the notarial act, not Texas laws. This can include requirements regarding the presence of the signers, identification methods, and the language within the notarial certificate.
Ensure Proper Venue Information
Documents that originate from another state might have pre-filled venue information that reflects the state of origin. The venue section typically lists the state and county where the notarization takes place. If the document has incorrect information, such as listing the state of origin rather than Florida, the Florida notary must correct this before proceeding. The notary can cross out the incorrect venue information and write in the proper state and county to ensure the document is compliant with Florida law.
Physical Presence Requirement
Both the notary and the signer(s) must be physically present in Florida during the notarial act. Florida notaries are not permitted to perform notarial acts remotely unless they are specially commissioned as an online notary. In a traditional notarization, the physical presence of the parties involved is mandatory to validate the document.
Exceptions: Can a Notary Perform Acts in Other States?
While the answer for Florida is generally no, there are certain states in the U.S. that allow notaries to perform notarial acts in multiple states. For example, states like Montana, Wyoming, and North Dakota permit notaries to act as notaries in neighboring states, provided both states have reciprocal agreements in place. However, Florida does not participate in this type of cross-border notarization, so a Florida notary must stay within the state to conduct any notarial business.
Remote Online Notarization (RON): A Possible Alternative
While traditional notarization requires physical presence, there is an emerging alternative that allows notaries to conduct their duties remotely. This is known as Remote Online Notarization (RON), and it permits a notary to notarize documents using electronic signatures and audiovisual technology. Florida is one of the states that allows RON, provided the notary has completed the additional training and received the necessary commission to serve as an online notary.
Under RON, a Florida notary could potentially notarize documents for signers located anywhere in the world, as long as the notary remains within Florida during the act. This is a great option for individuals who may not be able to physically meet with a notary but still require notarization.
However, it’s important to ensure that the receiving party accepts documents notarized through RON, as some states or countries may have stricter requirements.
In summary, a Florida notary can notarize documents from another state, provided that the notarization occurs within the boundaries of Florida and follows Florida law. The document’s state of origin does not matter as long as the correct notarial procedures are followed. Whether the document was created in New York, Texas, or any other state, a Florida notary has the authority to notarize it within Florida.
