Types of Common Notary Mistakes

Notarial errors can occur despite even the most diligent professionals. These may include incorrect dates, missing signatures, incomplete notarial certificates, or even improper identification procedures. In some cases, the notary might affix the wrong notarial act, administering an acknowledgment when a jurat was required. Each of these oversights can render a notarization defective, and in certain legal scenarios, null and void.

How Notarial Errors Affect Document Validity

A flawed notarization may lead to document rejection by banks, courts, or government entities. This could delay critical processes such as real estate transactions, affidavits, or immigration filings. In severe cases, it may raise questions about the document’s authenticity or cast doubt on the intent of the signer. Because notarization affirms both identity and willingness, even a minor error can cast a long procedural shadow.

Legal Grounds for Re-Notarization

Yes, a document may be re-notarized, provided it meets specific conditions. The original signer must reappear in person before the notary and acknowledge or re-execute the document. The notary cannot simply “fix” a past mistake without a renewed notarial act. This ensures the integrity of the process and complies with legal requirements in most jurisdictions.

When Re-Notarization Is Prohibited

There are scenarios where re-notarization is legally impermissible. If the signer is no longer available, deceased, or refuses to appear again, re-notarization becomes invalid. Furthermore, if the document has been altered since its original execution—without disclosure or proper annotation—it may be considered tampered with. In such cases, a new document may be necessary altogether.

Correcting a Notarial Certificate

What a Notary Can and Cannot Fix

A notary may correct clerical mistakes in their notarial certificate but only under strict limitations. These adjustments can include fixing a date, county, or minor clerical error if the notary still possesses the original journal entry and can verify the mistake. However, a notary cannot alter the signer’s signature, change the type of notarial act performed, or modify any part of the signed document.

Steps to Amending an Error the Right Way

If a correction is allowed, the notary should create a new notarial certificate and attach it to the original document. The correction must be logged in the notary’s journal with full explanation, including the date and reason for the amended act. Striking through and writing over the original certificate is considered unprofessional and, in many jurisdictions, outright illegal.

Scenarios That Require a Fresh Notarial Act

Certain situations demand a complete restart of the notarization process. These include missing stamps, incorrect notarial language, unverified identification, or failure to witness the signature. If the integrity of the original notarization is compromised, the signer must re-execute the document in front of a notary. This ensures compliance with notarial law and safeguards the document’s admissibility.

Void vs. Voidable Notarizations

A void notarization is legally invalid and carries no legal weight, such as one performed with a forged ID or without the signer present. A voidable notarization, however, may be corrected if procedural missteps occurred but the intent and identity were valid. Understanding this distinction is crucial when evaluating whether a re-notarization is possible or necessary.

Gathering the Corrected Documents

Before heading to a notary again, the signer must ensure that the document is complete, accurate, and ready for execution. Any corrections should be clearly marked or retyped to avoid confusion. It’s wise to bring the original flawed document and point out the issue to the new notary.

Bringing Proper ID and Witnesses (if needed)

Identification must be current and compliant with provincial law, typically a government-issued photo ID. If the document originally required witnesses, they must also be present again for re-notarization. Some provinces may require a new notary journal entry and thumbprint, especially for high-risk transactions like deeds or powers of attorney.

Tips for Signers

Signers should always verify the type of notarization needed—acknowledgment vs. jurat—and never sign the document in advance. Reading through the document beforehand and asking questions can avoid future headaches. Double-check your ID and make sure your name matches exactly.

Best Practices for Notaries

For notaries, meticulous recordkeeping and clear communication are paramount. Always confirm the type of notarial act required, fill out certificates completely, and avoid shortcuts. Using checklists and pre-appointment confirmations can prevent common mistakes from ever occurring.

How Notable Notary Can Help

When facing notarial errors, uncertainty, or re-execution requirements, Notable Notary offers professional support and guidance. Whether you need to re-notarize a document, clarify your next legal step, or avoid errors in the first place, our certified notaries are trained in compliance, accuracy, and discretion.

Notable Notary provides:

• Flexible mobile and remote notarization options
• Knowledgeable professionals who can walk you through what can and cannot be fixed
• Transparent procedures for correcting past notarizations
• Trusted service for sensitive documents like POAs, affidavits, real estate forms, and more

We don’t just notarize we help ensure your documents are executed correctly and legally the first time, or the second if necessary.

Contact Us Today!

📞 Call Us: (289) 312-6678
🌐 Book Online: notablenotary.ca/book-now
📧 Email Us: info@notablenotary.ca

Let Notable Notary simplify the process and provide expert support every step of the way!