Who needs the notary?
UPDATED: Oct 1, 2022
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Who needs the notary?
Scenario a client wants to authorize a third party on his Roth IRA. He signs the appropriate forms in the presence of a notary, receives the stamp and later gives the docs to the person he is authorizing, so that they may sign as well. Does the party receiving authorization also need to find a notary for their signature or can they just sign it without one? Would the notary need both parties present when the owner signed?
Asked on October 1, 2018 under Business Law, Kansas
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If a form needs to be notarized, then ALL persons who sign must sign in the presence of the notary (or of different notaries, if done at different times or places--nothing says it has to be a single notary). Notarization means that the notary confirmed the identity (e.g. checked IDs) of the signers: a notary cannot do that when the agreement is signed out of his/her presence. Therefore, a document is NOT validly notarized if signed out of the notary's presence.
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