Nearly all documents can be notarized on the Notarize platform. However, certain documents are restricted. These documents should either not be notarized on the platform or should be notarized only in certain circumstances. Exceptions for each document are noted.
List of Restricted Documents:
- Documents Intended for Use Outside the United States
- Certified Copies of Certain Official Documents
- Marriage Certificates
- Wills, Codicils & Testamentary Trusts
- Documents That Appear Tampered
- Form I-9
- Documents in Which the Notary Is Named or Has a Beneficial Interest
You can also check out Where Can Documents Notarized On the Platform Be Legally Used? (sign in to access this article), but always check with your own attorneys, advisors, or document recipients if you have any questions about whether your documents can be remotely notarized.
Restricted Documents
Documents Intended for Use Outside the United States
Includes documents that are being submitted to a foreign embassy.
Certified Copies of Certain Official Documents
Many states prohibit their notaries from certifying copies of birth, marriage, or death certificates, or court-issued documents.
Marriage Certificates
Notaries cannot remotely perform marriage ceremonies.
When does this restriction not apply?
This restriction does not apply to the notarization of marriage by proxy documents.
Wills, Codicils & Testamentary Trusts
There are nuanced execution requirements for the electronic signing and remote notarization of these documents that are not automatically enforced by the Notarize platform.
📝 Note: A testamentary trust is created when someone dies and the trust is detailed in their last will and testament.
When does this restriction not apply?
- Does not apply to living wills or advance health directives.
- Does not apply to documents relating to living (inter vivos) trusts (i.e., a trust created while an individual is still living as an estate planning tool).
- Does not apply to a signer who is a trustee of an already-established trust and is signing in their capacity as a trustee.
Documents That Appear Tampered
Notaries may suspect fraud or other illegal activity when asked to notarize documents that appear to have been tampered with (cross-outs, white-outs, cut and paste, etc.). Notaries hold the right to refuse to notarize these documents.
Form I-9
The Department of Homeland Security (DHS) does not permit the use of online audio/video conference technology for the completion of this document.
Documents in Which the Notary Is Named or Has a Beneficial Interest
States generally prohibit notaries from notarizing these documents.
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