For thousands of years, societies have depended on trusted notaries to attest to the authenticity of official documents.
Today, notaries in Florida and across the US continue that tradition by helping ensure the validity of signatures while also adding a layer of protection against the potential for fraud. But the specifics of their duties—and what makes a notarized document invalid or valid—remain a mystery to many.
Below, we’ll take a look at what’s needed to notarize a document, how long a notarized document is valid in Florida, and more.
4 Common Mistakes That Can Invalidate Notarized Documents
Whether you have a record or form that requires notarization or you work as a notary, it’s important to understand what makes a notarized document invalid in order to prevent mistakes or the need to void a notarized contract.
Here are four common mistakes notaries make.
- Improper Identification of Signers
Notaries must check that the signer(s) have a current, government-issued photo ID and that all signers requiring notarization are present.
- Incomplete or Incorrect Information in the Notarial Certificate
Errors or missing information can result in a bank or court rejecting a document. To avoid this, notaries must ensure the notarial certificate includes the accurate name of the signer, the correct date, and the precise location (state and county) where the notarization occurs. It also must have the notary’s seal and signature.
If any of this information is missing or contains mistakes, it may invalidate the notarization.
- Missing Signatures
For a contract, will, or other form of legal document to be notarized properly, both the signer(s) and the notary must sign all the correct, required signature fields.
If any are left blank, the document may not hold up in court.
- Unauthorized Alterations
Notaries aren’t perfect. When mistakes are made, they need to go through the proper steps to correct any errors. Using white-out, scribbling over the mistake, or other unauthorized correction tactics could cause the notarization to be rejected.
The Importance of Adhering to State-Specific Notary Laws
States may differ in their requirements, so it’s important to pay special attention to the specific notary laws of the state where the notary will take place. For example, some states require notaries to keep a record-keeping journal that includes details of each notary, such as the date and the contact information of the signer. States that allow remote online notarization, like Florida, may have requirements that apply to that format, as well—such as electronic journaling and recording.
If you work as a notary, you’ll want to make sure you remain current on the latest laws by attending ongoing training. Failure to follow current laws could result in disciplinary action or, in serious cases, civil or criminal penalties.
How Long Is a Notarized Document Valid in Florida?
A notarized document in Florida remains valid indefinitely, but the information in the document may expire or become outdated, depending on the terms outlined. For example, some legal documents may have built-in expiration dates. In other instances, addresses may become outdated if the signer(s) relocate. The notarization itself, however, is permanent.
If you have a notarized document that you suspect may contain information that’s no longer accurate, it’s best to get the document notarized again.
3 Best Practices for Ensuring the Validity of Notarized Documents
Details matter in many areas of life, but especially in the notarization process. Here are a few key practices to complete with precision and in accordance with current regulations.
- Thoroughly Examine Signer IDs
Notaries must check that the photo ID is valid and government-issued, and matches the signer. This involves examining the ID to ensure its authenticity, checking the expiration date, and making sure that the person pictured in the ID matches the signer. Pay careful attention to height, eye color, and date of birth; if you see any obvious discrepancies, ask to see another form of identification.
- Ensure Signer Is Willing and Able to Sign
Signers must appear mentally competent and not under the influence of coercion or a substance. If the signer seems like they’re under pressure to sign or like they don’t understand what they’re signing, the notary can (and should) refuse to notarize.
- Avoid Unauthorized Alterations
Before you complete the process, you’ll want to double-check that the notarial certificate has been filled out completely and contains no errors or missing details.
If you notice a mistake, you’ll want to double-check your state’s required procedures for error correction. This commonly involves carefully crossing out the error with a single line and writing the correct information next to or above the mistake. The notary then must initial beside or above the correction.
Become a Notary in Florida
Throughout history, a career as a notary has been considered a noble and prestigious profession. Only the most trusted and knowledgeable members of society could hold that title. Today, the qualifications to become a notary may be less rigorous, but the job remains a valuable and needed role in every community in Florida and across the US.
Learn more about how to get started as a notary in Florida.