Can a Notary perform a Proof of Execution for a document that requires a thumbprint?

Can a Notary perform a Proof of Execution for a document that requires a thumbprint?

• A. Yes, without conditions
• B. No, it is prohibited
• C. Yes, but only if authorized
• D. No, but only in emergency situations

Answer: (B)

A Notary Public is prohibited from performing a Proof of Execution for a document that requires a thumbprint. This restriction is in place because the notarial act of Proof of Execution involves the Notary certifying that an individual has executed (signed) the document in the Notary's presence. However, if a thumbprint is required, it indicates a level of legal importance and security that necessitates a different protocol, generally associated with acknowledging signatures rather than merely witnessing them. When a document mandates a thumbprint, it is typically one that has legal implications that necessitate additional verification measures to prevent fraud. Therefore, the use of thumbprints often aligns with acknowledgment procedures where the Notary must ensure that the signer is indeed the person named in the document, and that they have signed it willingly. This prohibition helps maintain the integrity of the notarization process, ensuring that Notaries adhere to the regulations laid out in California law regarding notarial acts. This reflects a commitment to upholding the highest standards of notarial practice, particularly in matters requiring additional layers of verification.

A Notary Public is prohibited from performing a Proof of Execution for a document that requires a thumbprint. This restriction is in place because the notarial act of Proof of Execution involves the Notary certifying that an individual has executed (signed) the document in the Notary's presence. However, if a thumbprint is required, it indicates a level of legal importance and security that necessitates a different protocol, generally associated with acknowledging signatures rather than merely witnessing them.

When a document mandates a thumbprint, it is typically one that has legal implications that necessitate additional verification measures to prevent fraud. Therefore, the use of thumbprints often aligns with acknowledgment procedures where the Notary must ensure that the signer is indeed the person named in the document, and that they have signed it willingly.

This prohibition helps maintain the integrity of the notarization process, ensuring that Notaries adhere to the regulations laid out in California law regarding notarial acts. This reflects a commitment to upholding the highest standards of notarial practice, particularly in matters requiring additional layers of verification.