Can a Notary Notarize Without the Signer Present?

Can a Notary Notarize Without the Signer Present?

No. A Notary Public in Massachusetts may not notarize a document absent the signer's presence. Personal appearance is a fundamental legal requirement for a valid notarization. Without it, the notarization is invalid and may be rejected by courts, government agencies, or other institutions.

People often ask this question because they are busy or dealing with urgent situations. Some assume a notary can rely on a photocopy of an ID, a pre-signed document, or a phone or video call. These methods are not allowed under Massachusetts notary law unless specific remote notarization requirements are met.

Why Personal Appearance Is Required

Personal appearance allows the notary to verify the signer’s identity, confirm willingness, and ensure the signer understands what they are signing. Without the signer being physically present or appearing correctly through an approved remote notarization platform, the notary cannot perform these duties.

Massachusetts law requires the notary to either witness the signature or receive a direct acknowledgment from the signer. This cannot happen if the signer is not present.

Remote Notarization Exception in Massachusetts

Massachusettspermitsw remote notarization underspecifiedc conditions. The signer must appear via an approved remote online notarization process that complies with state requirements. This includes identity verification, audiovisual communication, and proper recordkeeping.

Remote notarization is not the same as emailing a document or making a casual video call. If the notarization does not meet the statutory requirements for remote notarization, it is invalid.

Common Misunderstandings About Absentee Notarization

A common misconception is that a notary can notarize a document that was already signed. In Massachusetts, the signer must either sign in the notary’s presence or personally acknowledge the signature while present.

Another misunderstanding is that a friend or family member may appear on the signer's behalf. This is not permitted.

What to Do If the Signer Cannot Be Present

If the signer cannot be present, schedule a time when all parties can appear before the notary. Consider using a mobile notary or an approved remote notarization service if available.

Never ask a notary to notarize without personal appearance. Doing so puts the notary at risk and can invalidate your document. A proper notarization protects everyone involved and ensures your document will be accepted.