Key Takeaways
- California law absolutely prohibits notarizing incomplete documents
- A notary must review the entire document for blank spaces before notarizing
- Incomplete documents include those with missing signatures, blank fields, or unfilled spaces
- The prohibition protects against fraud and unauthorized alterations
- Violating this prohibition can result in civil liability and criminal penalties
Prohibition on Incomplete Documents
A man hands you a power of attorney for notarization. As you review the document, you notice the principal's name is filled in, but the agent's name is blank. "My wife will fill that in later," he explains. "We haven't decided who the agent should be yet."
What do you do? You refuse the notarization. This is not optional—it is an absolute requirement under California law.
Why the Prohibition Exists
Notarizing an incomplete document creates a dangerous opportunity for fraud:
| Risk | Example |
|---|---|
| Unauthorized additions | Someone fills in blank spaces with terms the signer never agreed to |
| Identity fraud | A blank space for a name could be filled with a forger's name |
| Financial fraud | Blank dollar amounts could be filled in after notarization |
| Property theft | Missing property descriptions could be completed to steal real estate |
The notary's seal gives a document an appearance of legitimacy. An incomplete document with a notary seal is essentially a blank check for fraud.
The Legal Rule
California Government Code Section 8205 establishes the notary's duties, and the Notary Public Handbook makes clear that notaries must refuse to notarize documents that are incomplete.
What "Incomplete" Means
A document is considered incomplete if it contains:
| Indicator | Example |
|---|---|
| Blank signature lines | Spaces where parties have not yet signed |
| Empty name fields | Principal, agent, grantee, or other party names missing |
| Blank dollar amounts | Financial figures left unfilled |
| Missing property descriptions | Legal descriptions or addresses omitted |
| Unfilled dates | Date lines that have not been completed |
| Empty paragraphs or sections | Portions of the document left entirely blank |
| Placeholder text | "[Insert name here]" or similar markers |
What "Incomplete" Does NOT Mean
Not every blank space makes a document incomplete:
| Acceptable | Reason |
|---|---|
| Notary certificate blanks | The notary fills these in as part of the notarization |
| Lines through unused spaces | Indicates intentionally unused space |
| Optional fields marked "N/A" | Shows the field was considered and intentionally left blank |
| Unused signature lines for fewer parties | If clearly marked as unused |
On the Exam
Expect 2-3 questions on incomplete documents. Key points:
- Absolute prohibition: No exceptions for notarizing incomplete documents
- Notary's duty: Must review the document for completeness before notarizing
- Blank spaces: Any unexplained blank space makes a document incomplete
- Refusal required: The notary must refuse, even if pressured by the signer
A signer presents a document with several blank fields and says they will be filled in later. What should the notary do?
Why is notarizing an incomplete document prohibited?