Notary's Personal Representative
Credible Witness Oath; Notary's Personal RepresentativeCopyright American Society of Notaries | Published March 31, 2023
Oath Administered to a Credible Witness – Create a Recordbook Entry
Most states allow Notaries to rely on a credible witness to identify a person who the Notary does not personally know, and who cannot produce an acceptable form of documentary identification. Because the Notary will administer a verbal oath to a credible witness, and that itself is a notarial act, the Notary should create a recordbook entry just for the credible witness’ oath (in addition to the recordbook entry for the signature notarization being performed for the named principal signer).
“Personal Representative”—Does Your State Require One?
Many states’ Notary laws require that, in the event of a Notary’s death, adjudication of incompetency, or other circumstance that renders the Notary incapable of carrying out their duties, the Notary’s “personal representative” must perform certain tasks to secure the Notary’s chief tools—the Notary’s official stamp and/or embossing seal, and the Notary’s recordbook of notarial acts. If your state requires a personal representative, NOW is the time to designate one. Make a record of who this person is along with their contact information, and store that record where you are securely storing filled recordbooks, or where you keep personal documents. Include current information on the duties of a Notary’s personal representative, and keep that information updated should your state laws or administrative rules change. Finally, be sure your personal representative knows where and how to access your records, and leave clear instructions for the personal representative to follow.
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