Understanding the Legality and Risks of Post-Dated Notarized Documents
Published August 29, 2024 · Updated May 26, 2026
A post-dated notarized document is one where the notarial certificate shows a future date instead of the actual date the notarization took place. This is different from a document that has a future date printed on it (like a lease starting next month). The issue is the date on your certificate, not the date on the document.
Post-Dating vs Pre-Dating vs Document Date
- Pre-dating (backdating): Your notarial certificate shows a date earlier than the actual notarization. Always illegal.
- Post-dating: Your notarial certificate shows a date later than the actual notarization. Also always illegal.
- Document date: The date printed on the document itself. The parties can agree to any date. A contract dated July 1 that gets notarized on June 28 is fine, as long as your certificate says June 28.
The rule is simple: your notarial certificate always shows the date the notarization actually happened. Not yesterday, not tomorrow, not next week. Today.
Why Clients Ask for Post-Dating
A client might say: “Can you date this for Monday? The signing needs to happen Monday but I’m available now.” The request sounds reasonable, but it puts you in legal jeopardy. By dating the certificate for Monday, you are certifying that the signer appeared before you on Monday. If Monday comes and the signer has died, become incapacitated, or changed their mind, your certificate says they appeared. That is fraud.
Another common request: “The closing is scheduled for Friday but the borrower is leaving town Thursday. Can we do the notarization Thursday and date it for Friday?” The answer is no. Notarize it Thursday and date it Thursday. The parties can coordinate separately about when the closing becomes effective.
The Legal Risk
Post-dating a notarial certificate means you are making a false statement under oath about when the notarization occurred. The consequences:
- The document may be invalidated if the post-dating is discovered during a legal challenge.
- You could lose your notary commission.
- You could face civil liability for damages caused by the false date.
- In some states, falsifying a notarial certificate is a criminal offense.
There is no state where post-dating a notarial certificate is legal. Every state requires the notarization date to reflect the actual date the signer appeared before you.
What to Do Instead
- Notarize with today’s date. If the signer is in front of you today, you notarize today and date the certificate today.
- Let the parties sort out the effective date. Contracts can specify “effective as of [future date]” independently of the notarization date. That language goes in the contract, not in your certificate.
- If the signer truly needs to notarize on a specific future date, they need to appear before a notary on that specific date. No workaround exists.
Frequently Asked Questions
Can I notarize a document with a future date on it?
Yes. The document can say whatever date the parties want. What matters is that your notarial certificate shows the date the signer actually appeared before you. A lease dated “effective August 1” that gets notarized on July 25 is fine. Your certificate says July 25.
What if the signing company tells me to post-date?
Decline. No company instruction overrides state law. If they insist, document the request in your journal, note that you refused, and move on. Your commission is worth more than one signing fee.
Is there any situation where post-dating is allowed?
No. The notarization date must always be the actual date the notarization occurred. There are no exceptions in any state.
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Updated May 2026.
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