Does Your Partnership Agreement Need a Notary or Witness?

Any time you are signing an agreement, you may wonder if you need a witness or notary to make that agreement official. A partnership agreement is no different. In general, you do not need a notary or witness, but that doesn’t mean you shouldn’t have one either. There are good reasons why both of these things should occur during the partnership agreement phase. And, if you are ever unsure, consult a partnership dispute lawyer for assistance drafting your agreement.

Why Notarize a Contract?

Notaries play their role in agreements. They can help make sure your agreement is legally enforceable, even if they are not required to make a contract legal. If there is ever a dispute between you and your partners, having a notarized contract may be your negotiating point. Notaries help verify the identities of each party signing the agreement, which makes it difficult for a party to later on deny that it was their signature on the agreement.

Again, having a notary isn’t necessary, but it could help if a dispute does arise in the future. Consult with your attorney as to whether or not a notary is in the best interest of your contract agreement.

Why Have Witnesses?

Just like a notary, a witness isn’t legally required to make your agreement valid. But, some types of contracts should be witnessed by a third party to make them legally binding. Your attorney can advise you as to whether or not a witness will help make your contract more enforceable, but a witness is never a bad idea. The witness just has to be a neutral third party that can affirm both parties were present and signed the agreement.

How to Decide?

Regardless of whether or not you want a witness or notary, you should have an attorney that is experienced in partnership agreements. They can draft agreements and negotiate terms so that the contract is fair to you. Also, if your attorney is worried about a dispute in the future, they may take additional steps to protect you and your business if a dispute does arise. Regardless, an experienced partnership dispute lawyer is a valuable asset for your partnership.

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