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JBaxLaw
JBaxLaw, Attorney
Category: Business Law
Satisfied Customers: 11396
Experience:  Experienced in business formation and licensing issues
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We are a nonprofit organization. We sign the contract with

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We are a nonprofit organization. We sign the contract with a digital signature. Because we deal with public school principals whom we do not meet until we arrive on campus, we have our contracts notarized on "their" end. The notary statement is designed to verify that "the principal" actually signed the contract. The statement reads as follows:

On ______________, 2010, before me, ___________ ___________, a notary public for the State of TEXAS, personally appeared JOE BLOW ELEMENTARY , represented by JOHN DOE, known to me or proved to me to be the person whose name is XXXXX XXXXX the within document and acknowledged to me that he or she executed the same.
(seal)
We recently had a notary refuse to notarize?? Is she wrong?
You may want to consider changing the language to reflect that John Doe appeared before the notary as a representative of the school. The school did not actually appear before the notary. Otherwise, there is no apparent problems with the notary witnessing the signature of the principal.


Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
Customer: replied 7 years ago.

I could not finish my question in the original box as I ran out of characters.

 

The notary said she could not notarize the contract without me there in person and signing MY SIGNATURE in front of her. We tried to explain that we are not asking her to verify my signature or the validity of the contract. We had the contract drawn up nearly 20 years ago by an attorney that is now retired. SHE INSISTS that she cannot provide her notary approval showing that the principal was they one who signed their name to the contact and it that it wasn't an assistant principal or the secretary. We use this contract all over the country. Our contract is "with the school or the district" merely represented by the principal. What can we tell her in "legalease."

You need to explain she is only witnessing the party signing and the acknowledgment does not indicate that she is witnessing any signature by an agent of your company. Additionally, you should explain that the party signing on behalf of the school is an agent with signature authority. It seems her confusion is that you are not present. It seems she seems to think she is indicating that she is witnessing your signature and that is not the case. You should probably consider obtaining a different notary. There are many available and you could schedule to have one visit the school to witness the signature.


Thank you

Please click on the ACCEPT button for my answer so that I receive credit for assisting you. You may continue to ask follow-up questions after accepting. If the information is helpful, I would very much appreciate positive feedback. Bonuses are also appreciated. The responses do not create an attorney-client relationship and are informational only.
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