Key Takeaways
- The signer must personally appear before the notary for all notarial acts
- Personal appearance means face-to-face presence at the time of notarization
- Remote Online Notarization (RON) satisfies personal appearance via audio-visual technology
- Notaries cannot notarize documents for people not personally present
- The notary must be able to communicate directly with the signer
Personal Appearance Requirement
One of the most fundamental requirements for any notarial act is personal appearance. The signer must be present before the notary at the time of notarization.
What Is Personal Appearance?
Personal appearance means the signer is physically present before the notary, or connected via approved audio-visual technology for Remote Online Notarization.
Traditional (In-Person) Notarization
| Requirement | Details |
|---|---|
| Physical Presence | Signer in same room as notary |
| Face-to-Face | Notary can see signer |
| Direct Communication | Notary can speak with signer |
| Same Time | Both present simultaneously |
Remote Online Notarization (RON)
New Jersey authorized RON effective October 2021:
| Requirement | Details |
|---|---|
| Audio-Visual Connection | Real-time video and audio |
| Identity Verification | Credential analysis + knowledge-based authentication |
| Recording | Session must be recorded |
| Technology Standards | Must meet state requirements |
Why Personal Appearance Matters
The personal appearance requirement serves several critical purposes:
- Identity Verification — Notary can examine ID and compare to signer
- Willingness Assessment — Notary can observe if signer appears coerced
- Awareness Confirmation — Notary can assess if signer understands
- Fraud Prevention — Makes impersonation more difficult
Violations of Personal Appearance
NEVER notarize a document without personal appearance:
| Prohibited Act | Why It's Wrong |
|---|---|
| Notarizing documents sent by mail | Signer not present |
| Having someone else bring signed document | Original signer not present |
| Notarizing via regular phone call | No visual verification |
| Backdating to when signer was present | Document not notarized when dated |
Satisfactory Evidence of Awareness
Beyond physical presence, the notary must be satisfied that the signer:
| Assessment | What to Look For |
|---|---|
| Awareness | Understands what they're signing |
| Willingness | Not being coerced or forced |
| Identity | Is who they claim to be |
| Competence | Capable of making decisions |
Warning Signs to Watch For
- Signer appears confused about document purpose
- Another person is speaking for the signer
- Signer seems nervous or afraid
- Signs of impairment (drugs, alcohol)
- Pressure from others present
On the Exam
Expect 2-3 questions on personal appearance:
- Definition: Signer physically present (or via RON technology)
- Purpose: Identity verification, fraud prevention
- Violations: Never notarize without personal appearance
- RON: Audio-visual connection satisfies requirement
Can a notary notarize a document that was signed earlier and brought to them by a family member?
How does Remote Online Notarization (RON) satisfy the personal appearance requirement?