As discussed in the thread starting with Msg #604916 notaries often sign the witness line for documents that are acknowledged before a notary, as well as filling out the notary certificate.
When witnessing as a private individual, are there any rules about what the private individual has to do? Does the private individual have to know the name of the principal? Does the witness have to sign the same day the principal signed, or could a witness sign on a document that the principal signed a week ago, as long as the witness remembers the signing?
IF the witness is REQUIRED to sign the same day the principal signs, and if the witness is required to date his/her signature, then this is an indirect way for the notary to indicate that the principal not only acknowledged the signature, but also signed in the notary's presence. If that were important, it could be a way to get around the issue that notaries in some states, such as CA, usually can't vary the wording of the acknowledgement certifiate.
I, on the other hand, could indicate that I both witnessed the signing and took the acknowledgement by appropriate certificate wording (addition to usual certificate IN CAPITALS:
On this ____ day of _______________ , 20___ , before me personally appeared ____________________________________________________________ to me know to be the person(s) who executed the foregoing instrument and he / she /they thereupon duly SUBSCRIBED THE FOREGOING INSTRUMENT AND acknowledged to me that he / she / they executed the foregoing instrument to be his / her / their free act and deed.
|