Can a Wisconsin Notary Notarize a Document That's Already Signed?

The answer depends on the certificate

Realizing you've signed your paperwork before the notary arrived can be stressful. But a pre-existing signature does not always mean you must start over. What matters is the kind of notarial act that the document requires.

Wisconsin's Department of Financial Institutions explains that certain acts allow a signer to acknowledge an earlier signature, while others require the signature to be made in the notary's presence.

If the document requires an acknowledgment

For an acknowledgment, the person whose signature appears on the document must personally appear before the notary. The notary must identify the signer appropriately and verify that they acknowledge their signature and the act of signing.

Under these circumstances, a document signed earlier may be acknowledged during a later in-person appointment. The notary still needs to carry out the acknowledgment procedure; an old signature alone is not enough.

If the document requires an oath or affirmation

A jurat or sworn statement is different. When the notarial certificate specifies that the document is 'signed before me,' 'subscribed before me,' or 'subscribed and sworn to before me,' the notary must follow that language.

Wisconsin DFI guidance says that if such a statement was previously signed, the signer should sign again in the notary's presence, above or below the earlier signature. The notary must administer the required oath or affirmation.

What if your document has no notary certificate?

Contact the organization that provided or will receive the document. It may need a particular certificate or a separate instruction sheet. A non-attorney notary cannot select the legal form of notarization for you.

It's also worth checking that the document is complete. Missing pages, missing attachments and unfilled material details can create problems for a notarization appointment.

Before you book

• Look for the certificate wording near the signature area.
• Ask the recipient whether an acknowledgment or sworn statement is required.
• Bring the entire document, not only the signed page.
• Have satisfactory identification ready.
• Tell Gariann in advance that the document was previously signed.

Your safest option, when the correct act isn't clear, is to wait and ask the document recipient for instructions before signing. This can help you avoid an unnecessary second appointment.