Utah Notary Practice Test

In what scenario is it permissible for a notary to notarize a signature without witnessing the signature?

1. When the signer is a close friend

2. Only when the signer claims to be in a hurry

3. It is never permissible

4. Only if the document is electronic

The correct answer is: It is never permissible

The assertion that it is never permissible for a notary to notarize a signature without witnessing the actual signing is grounded in fundamental notarial principles. Notaries are tasked with ensuring the authenticity of a signature, and this involves the notary being present when the signer affixes their signature to the document. This requirement helps prevent fraud and verifies that the person signing is indeed who they claim to be, as well as ensuring that they are doing so willingly and not under duress. Witnessing the signature is a critical part of the notarial process because it upholds the integrity of the notarization. Allowing notarizations to occur without the notary witnessing the signature could lead to significant legal issues, including the potential for identity theft or the misuse of documents. In all scenarios, a notary must be present and witness the signing. There are no exceptions based on the relationship to the signer, urgency of the situation, or the nature of the document (whether electronic or not). Each of these contexts, while they might seem plausible for a relaxed interpretation of notarial duties, does not override the essential requirement of witnessing the signature to ensure the legitimacy and security of the notarization process.