5. Do you need to sign in the presence of the notary?

In general the answer to this question is yes. It is normally necessary that we see the person sign the document so that we can identify them and also witness the signature. It is particularly necessary that the document is executed in the presence of the notary where this is required either by English or the applicable foreign law for the formal validity of the document. However, when the notary does not need to state expressly that the document has been signed before him/her, and when the notary has a record of the signature, a notary may certify the authenticity of a signature without witnessing the signature.