Physical Presence Requirement

Physical Presence Requirement

Colorado Notary Training classes must include the physical presence requirement.  This means that the document signer must be in the physical presence of the notary to have a document notarized.

Colorado Notary LawThe notary must meet with the signer to verify identification, to administer and oath or affirmation for a sworn statement, or to take an acknowledgment from the signer.

Awareness, Willingness

The notary must also observe and communicate with the signer to make a lay person’s judgment that the signer has adequate mental awareness to knowingly understand the purpose of the document.  The notary must also conclude that the signer is signing willingly, without any undue influence caused by coercion, duress or the effects of drugs or alcohol.

Physical presence is required to allow the notary to observe the signer face to face to reduce the likelihood of fraud in the transaction.  In addition to verbal communication, the notary may observe non-verbal communication indicating confusion, fear or nervousness.

Physical presence is required so that the notary can get the signature and thumbprint of the signer in the notary journal.

For an acknowledgment, the signer may sign the document before meeting with the notary, but it is best practice to sign in front of the notary.  For an oath or affirmation, the signer must make a sworn statement before the notary, and must sign before the notary.

Electronic notarization

Electronic notarization is available in Colorado, but it is only used when there are electronic documents, rather than paper documents.  Electronic notarization does not mean remote notarization.  Physical presence with the notary is required for electronic notarization.

Colorado Notary Training teaches required elements to help the notary avoid errors and omissions and provide good customer service to the public.

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