By: John Axt

John Axt — Wed, 20 Jul 2016 19:15:42 +0000

This is a State specific issue. In Florida, Credible Witnesses can only be used as a last resort. FL 117.05(b)(1) (c and d) read:

c. That it is the reasonable belief of the witnesses that the circumstances of the person whose signature is to be notarized are such that it would be very difficult or impossible for that person to obtain another acceptable form of identification;
d. That it is the reasonable belief of the witnesses that the person whose signature is to be notarized does not possess any of the identification documents specified in subparagraph 2.; and…”

If they have lost their license, they should go get it replaced as it is not “very difficult nor impossible” to do so.

By: Kenneth A Edelstein

Kenneth A Edelstein — Tue, 12 Jul 2016 22:05:36 +0000

It’s worth mentioning that, while the above procedures (when in compliance with local law) are perfectly proper – they may not be “useful”. I have done “non routine” procedures (totally legal) and have the notarized document not accepted for its intended purpose. Thus, when performing similar actions, I advise my client that the document might not be accepted where it is to be used. And, there will be no guarantee from me for suitability for purpose (eg: no refund if it’s not accepted). There is no way for me to determine what the acceptance policy is at the document destination. Warning your client about “non routine” procedures and the possibility of document rejection lets them make an informed decision as to how to proceed, and takes the notary off the hook if it is rejected.

Comments on: Subscribing Witnesses Explained

By: John Axt

By: Kenneth A Edelstein