What is the Validity of a Notarized Document? Explained by eNotary On Call

There have been many questions about the expiration of a notarized document. Henceforth, eNotary On Call will guide you with relevant questions and provide a few helpful, valuable insights into the validity of traditional, online, and electronic notarization with respect to the timeline. Take a 10-minute read to get all your questions about document expiration answered.

In this article, we will explain everything about the validity of the Notarized Document. 

What is Notary Expiration?

Notary expiration defines the date when a notary public’s official authority, known as their commission, comes to an end. Every notary is appointed by a state government for a limited term (for example, 3 or 4 years) and is legally permitted to perform notarizations only while that commission is active. The time given by the state defines the period during which they must perform the notarization.

Once the expiration date passes, the notary can no longer notarize documents, and any notarization done after that point is considered invalid. This applies to both traditional in-person notarization and remote online notarization, making it essential that the notary’s commission is current at the time of signing. The expiration date is usually included on the notary’s seal or certificate, helping verify that the notarization was completed within the legally authorized timeframe.

You may also like: What Things to Keep in Mind Before Starting Your Online Notary Session in New Jersey? 

Understanding the Validity Period of a Notary Public Commission

The commission has an issue date and expires in 4 years. Therefore, from the day the applicant completes the requirement, even if before they reach the circuit court clerk. For every commission, there is an expiration date, which is shown when cross-checked.

The notary public commission is issued with a start date and remains valid for 4 years. This validity period begins from the day the applicant completes all requirements, even if it occurs before the applicant’s submission to the Circuit Court Clerk. Each commission includes an expiration date, which is displayed for verification when needed.

As a notary owner, it is their responsibility to ensure their commission remains valid. They have the right to renew the commission as the expiration date approaches. 

It is to be kept in mind that until the document expires, it remains valid. Similarly, for the online notarization service, if the document has been attested by the online notary, it will be valid for as long as the commission is valid.

Is There an Expiration Date for Notarized Documents?

Notarizations themselves don’t expire, but the document being notarized may. For example, if you notarize a one-year lease, the notarization is valid only for the duration of the lease.

The notarization remains valid as long as the notary’s commission is active, and the document hasn’t expired. This rule applies to both traditional and online notarizations—if the document or the notary’s commission expires, the notarization becomes invalid as well.

Notarized Document Types and Their Expiration

Notarized documents don’t expire on their own, but certain conditions within them, like expiration or renewal clauses, might. The notarization remains valid as long as the notary’s commission is active, but it’s important to review the document for time-sensitive clauses. If any clauses might affect validity, consult an attorney to ensure they don’t impact the notarization.

For example, a lease with a 6-month refund clause may expire, but the notarization itself remains valid. Always seek legal advice for such conditions.

Validity Period of an Online Notary’s Commission

• Online Notary Validity: An online notary’s commission is valid for the same period as a traditional notary’s commission
• Traditional Notary Commission: If the online notary’s traditional commission expires sooner, the online notarization will expire with it.
• Check Commission Validity: Ensure the online notary’s traditional commission is valid.

Conclusion 

In conclusion, notarized documents themselves don’t expire, but their validity is tied to the document’s terms and the notary’s commission. While a notary’s commission is valid for a set period (typically four years), the document’s validity depends on any time-sensitive clauses.

For online and electronic notarizations, the same rules apply: the notarization is valid as long as the notary’s commission is active and the document hasn’t expired. It’s essential to carefully review your document and consult an attorney if there are any expiration clauses. Always verify the notary’s commission before proceeding with any notarization, whether traditional or online.

Frequently Asked Questions

1. Does a notarized document ever expire?

No, notarization itself does not have an expiration date. Once a document is properly notarized, that act remains valid indefinitely. 

 2. What determines how long a notarized document stays valid?

Its validity depends on two things: whether the document itself contains an expiration clause (for example, a lease running for a fixed term), and whether the notarization was performed by a notary whose commission was valid at the time of signing. 

 3. Does an online-notarized document follow the same validity rules?

Yes. For remote or online notarization, the document remains valid as long as the notary’s commission is active and the document hasn’t expired per its own terms. 

 4. What happens if the notary’s commission expires later?

The notarization remains valid; what matters is that the notary had a valid commission at the time of notarization. Documents already notarized do not become invalid just because the notary’s commission later expires. 

 5. Can a notarized document be rejected if it’s “old”?

Legally no. A notarized document doesn’t “go bad” with time. However, institutions (courts, banks, offices) might still request a more recent notarization if the document’s information appears outdated or the context has changed.