Notary for Contracts

Not every contract needs to be notarized, but many benefit from it. Understanding when notarization is legally required versus when it is simply a smart precaution can save you time, money, and potential legal headaches. This guide covers the rules for contract notarization in California.

Contracts That Must Be Notarized

California law requires notarization for certain types of contracts:

• Real property contracts: Any deed or document conveying an interest in real property must be notarized before it can be recorded with the county.
• Durable powers of attorney: California Probate Code requires a durable power of attorney for financial matters to be notarized.
• Certain government contracts: Some federal, state, and municipal contracts require notarized signatures from the contracting parties.

Contracts That Should Be Notarized

While not legally required, notarization is strongly recommended for these types of agreements:

• High-value business agreements: Any contract involving significant money should be notarized to prevent disputes about authenticity.
• Partnership and operating agreements: Multi-party business arrangements benefit from the added authentication notarization provides.
• Loan agreements and promissory notes: Notarized loan documents are easier to enforce in court.
• Non-compete and non-disclosure agreements: Notarization makes it harder for a signer to claim they never agreed to the terms.
• Settlement agreements: Agreements resolving disputes should be notarized to prevent either party from later denying their signature.
• International contracts: Contracts with foreign parties often require notarization, and may also need an apostille.

How Notarization Strengthens a Contract

Notarization adds several layers of protection to any contract:

• Identity verification: The notary confirms that the person signing is who they claim to be, preventing impersonation.
• Willingness confirmation: The notary observes that signers are acting voluntarily, not under duress or coercion.
• Evidentiary value: In court, a notarized contract is presumed authentic, shifting the burden of proof to the party challenging it.
• Deterrent effect: The formality of the notarization process makes parties less likely to sign carelessly or with intent to deceive.
• Permanent record: The notary's journal entry creates an independent record of the signing.

The Contract Notarization Process

1. Prepare the contract: Have the final version printed and ready. Do not make changes after notarization.
2. All parties appear: Every person signing the contract must appear before the notary with valid photo ID.
3. Notary verifies identities: The notary checks each signer's ID and confirms their identity.
4. Signing: Parties sign the contract in the notary's presence (for a jurat) or acknowledge their existing signatures (for an acknowledgment).
5. Notarization: The notary completes the notarial certificate, applies their seal, and signs.

Important Tips for Contract Notarization

• Ensure the contract is final before meeting the notary — changes after notarization invalidate the notarization
• All signers must have current, valid government-issued photo ID
• If signers are in different locations, a mobile notary can visit each location
• For international contracts, consider remote online notarization if parties are in different countries
• Keep the original notarized contract in a safe place; copies do not carry the same legal weight

Find a notary experienced with contract notarization through our Los Angeles notary directory. Learn about costs in our pricing guide.