Posted by rengel/CA on 9/24/07 5:39pm
Msg #212852

Sorry, no can do!

So, my boss during the day tells me that he's going to have one of our clients sign a document and wants me to notarize it. Only one problem... the client is at college over 400 miles away! Uh, "No". Oh, but boss will "attest" to the fact that it was client who signed it. Again... "No", " Sorry, no can do"! : )
That felt good.

Reply by Blueink_CA on 9/24/07 5:47pm
Msg #212853

Re: Check your handbook

This may be allowed as a 'proof of execution by a subscribing witness'.

Reply by rengel/CA on 9/24/07 6:13pm
Msg #212857

I did - you can check page

12, the last paragraph (#2):

The subscribing witness must say, under oath, that he or she either saw the principal sign the document or in the presence of the principal heard the principal acknowledge that he or she signed the document.

The "principal" is 400 miles away from our office.

Sorry, no can do.

Reply by Todd/OH on 9/24/07 6:28pm
Msg #212861

I happen to agree - -

that the notary stamp means that you actually "saw" that person signing. I don't give 2 craps if he's George Bush, George Washington, George Foreman or who. If you didn't see it, it didn't happen.

Reply by Sylvia_FL on 9/24/07 6:34pm
Msg #212863

Re: I happen to agree - -

Some states do allow for subscribing witnesses.

Reply by Todd/OH on 9/24/07 6:40pm
Msg #212864

Re: I happen to agree - -

But Sylvia, would you be comfortable with it?

Reply by Sylvia_FL on 9/24/07 7:22pm
Msg #212868

Re: I happen to agree - -

I wouldn't do it in this particular case knowing that the subscribing witness didn't see the person sign.
But if Florida allowed subscribing witnesses and someone was willing to state under oath that the person signed, then no problem.

Reply by rengel/CA on 9/24/07 6:43pm
Msg #212866

Re: I happen to agree - -

As does California, BUT.... the subscribing witness either has to see the person sign it in front of them, or have them tell the subscribing witness that they signed it. Since the person signing it is 400 miles away from the suposed subscribing witness, it ain't gonna happen. Now, had the client been in the same room as my boss, and my boss brought it back to me and swore that he was present when the client signed it, I would have no problem with any of it.
I can't notarize this knowing what I do.

Reply by sue_pa on 9/24/07 7:09pm
Msg #212867

once again, state specific

...If you didn't see it, it didn't happen...

In PA, an attorney can watch someone sign a document and we can then notarize the ack. There is special language to be used. I have done THOUSANDS of these throughout the years. And yes, I'm very comfortable with that - because my legislators have told us that it's permissible.

Reply by CJ on 9/24/07 11:00pm
Msg #212879

Did the boss see the client sign?

You say the attorney in the example saw the client sign, but I get the impresson that the boss did not see the client sign. The whole point of a notary is to be able to say, "I know for a fact the person signed it, because I SAW him sign it." If the boss didn't see, and you didn't see, then no one saw. If this is really not a big deal, why don't they call a notary that is near the client? If it is a big deal, what are they hiding?

Reply by sue_pa on 9/25/07 7:29am
Msg #212898

Re: Did the boss see the client sign?

the boss would see them sign - in his office, in the satellite evening office, Saturday mornings, at the conference room table, etc.

Reply by John_NorCal on 9/24/07 11:45pm
Msg #212882

Re: I did - you can check page

And in any case a subscribing witness oath would not be valid if this were a real estate transaction, not saying that it was. So you made a good call.

Reply by Raimond on 9/24/07 11:09pm
Msg #212880

What if Party A was home over the weekend and party B (boss) saw him sign it. Party B now brings it too you. He did see Party A sign..... It may not have been today, but you are notarizing party B as a subscribing witness not party A.

There is a separate form for this, not the original form signed by party A. This is in Ca.

Reply by Ernest__CT on 9/24/07 11:16pm
Msg #212881

Good for you! You followed the LAW! n/m