If the signer did not appear before the notary, the notary could be found guilty of perjury for signing a false statement.

• A. True
• B. False
• C. It depends on the instrument
• D. Not enough information

Answer: (A)

Notaries must certify only what they personally witness. For many notarial acts, especially jurats, the signer must appear before the notary, and the notary swears or affirms that the statements in the document are true. If the signer did not appear, the notary’s certificate would be stating something that is not true. Signing a false statement in a jurat or similar form can amount to perjury because it involves knowingly attesting under oath to a false fact. So, the statement is true: the notary could be found guilty of perjury for signing a false statement when the signer did not appear. The proper response in that situation is to refuse the notarization and document why the appearance didn’t occur.