Why we DO notarize documents, and not just signatures

Amongst the members of the notary community, there are many who insist that we "notarize signatures, not documents". This is both true and false.

First and formost, the Florida Statutes do mention the notarization of documents, in addition to the notarization of signature. F.S. 117.05(3) requires that an official seal be affixed to all "notarized paper documents". Section 117.03 states:

A notary public may administer an oath and make a certificate thereof when
it is necessary for the execution of any writing or document to be published
under the seal of a notary public. [Emphasis supplied]

It is not the signature that is "published under notarial seal" - it is the execution of the writing or document. This is particularly true with affidavits. The typical affidavit begins with the wording "Before me, the undersigned authority, personally appeared John Doe ...". The affidavit is usually written in the first person as if the notary is speaking. The entire document is, in itself, the certificate of a notary stating that certain facts were sworn to in his presence. An affidavit without the oath administered by the notary is meaningless; therefore, the notary's role in the execution of an affidavit is much more important than the mere witnessing of a signature.

In addition, pursuant to section 117.04, Florida Statutes, notaries are authorized to "take the acknowledgments of deeds and other instruments of writing for record". It is not only the signature itself that is acknowledged, it is the entire document which is acknowledged. This explains why our statutory form of acknowledgment states, "The foregoing instrument was acknowledged before me", rather than "The foregoing signature was acknowledged before me".

To conclude, the next time you hear someone refer to "notarizing a document", get off the high horse for a second. We actually notarize documents more than we notarize signatures.