Posted by Arlene Calbo on 10/20/07 5:18pm
Msg #217523

translated papers

if i do translation for a client .........can i notarize those papers also?
arlene

Reply by hp/MD on 10/20/07 5:28pm
Msg #217524

You can only notarize signatures on documents.

Reply by Arlene Calbo on 10/20/07 5:47pm
Msg #217525

thanks............i actually just realized we dont notarize forms..........we notarize signatures
thanks
arlene

Reply by Roger_OH on 10/20/07 6:53pm
Msg #217529

It doesn't matter who translated the doc, or even if it is translated or not; as long as you ID the signer and they're singing freely, you can notarize their signature.

Reply by Linda_H/FL on 10/20/07 7:00pm
Msg #217531

Arlene, from page 37 of the FL Governor's Manual...

"Remember, you are not responsible for the contents of the document, but you need to exercise caution in this situation. Follow these recommendations:

Make sure that you can communicate verbally with the document signer or that a qualified,
trustworthy translator is present.

Determine, if possible, that the document is complete.

Check the document for a notarial certificate. If the document does not have a notarial
certificate, ask the document signer for instructions. If he directs you which notarial act is
appropriate for his document, proceed by adding the correct certificate and completing the
notarization. If he does not know, refuse to notarize.

Complete the notarial certificate in English. The certificate may be translated into the
language of the document, but the translated certificate should not be signed and sealed by
the notary.

If you are unsure about the notarization, you should refuse to notarize"

Hope this helps...Good Luck!!

Reply by LKT/CA on 10/20/07 9:17pm
Msg #217535

CA law is a little different. A Notary cannot refuse to notarize a document based on the signer not knowing the difference between a jurat and an ack. We can explain what they are and then ask the signer to pick between to two. However they choose is up to them (confer wth doc originator, flip a coin, eeny meeny miney mo, etc.) and if signer is unwilling to pick, then everything halts. A Notary who refuses to notarize based on the above premise faces consequences with the Sec. of State of CA if they are reported.

Reply by MichiganAl on 10/20/07 7:18pm
Msg #217532

Doesn't this fall under the category of not illegal BUT....

...even the slightest appearance of something improper should be avoided? Sorry, if it were me I wouldn't touch it. I translate the doc then I notarize it? No thanks.

Reply by Sylvia_FL on 10/20/07 8:20pm
Msg #217533

Re: Doesn't this fall under the category of not illegal BUT....

My feelings too, Al

Reply by natogan on 10/21/07 12:12am
Msg #217539

Re: Doesn't this fall under the category of not illegal BUT....

If you perform a role as an interpreter you insert a declaration: ex. I ........ the undersigned ........I have translated the above to the best best of my knowledge and ability............. then you place your signature. The answer is no, you can't notarize your own signature.

Reply by Sylvia_FL on 10/21/07 7:12am
Msg #217540

Re: Doesn't this fall under the category of not illegal BUT....

Natogan, But the poster is in Florida, not California. Laws are a little different here.

Reply by JanetK_CA on 10/21/07 5:36pm
Msg #217564

Re: Doesn't this fall under the category of not illegal BUT....

I would agree, as well. In fact, I think it gets kind of close to some of what, in CA, is considered UPL - specifically "preparation" of a document. Clearly, preparation of a document is not the same as translation, but since translation cannot be an exact process, you are potentially having some influence on the content. I would want to keep the two at arms length, although I'm sure many would disagree with me.

Reply by Leon_CO on 10/21/07 7:27pm
Msg #217576

"if i do translation for a client .........can i notarize those papers also?"

Arlene, first of all, I'm a Colorado notary. So all of what I say is based on Colorado notary law.

I did a notarization for a German woman a few nights ago. It was a German document. She told me that the first time she needed a German document (signature) notarized she took it to German woman who translated the document, then notarized her signature.

My personal thoughts on this are that it is wrong. I would never do it. I'll explain in a moment.

I did the notarization for her. Although I'm fluent in German, and, by Colorado notary law, could have simply put my seal on the document as it was, I added a loose certificate, in English, and stapled it to the document.

The reason I would never translate a document from German to English, and then notarize it is because, in my opinion, this falls in the category of unauthorized practice of law. I would not be notarizing the document in its original. I would be notarizing 'my version' of it -- the translation. Do you see the problem here? Even if it's a perfect translation, it's still MY version of it.

That means that I drafted the document --> unauthorized practice of law.

Notaries do not draft documents.

Good luck.

Reply by natogan on 10/22/07 12:27am
Msg #217600

Yes, Sylvia I do agree with you that I am not an expert of notary law in Florida. However, as a certified interpreter I know that if my signature is required notarization I let other notary do it. I'll check up Florida notary law. If you can notarize your own signature lucky you are.

Reply by Sylvia_FL on 10/22/07 8:54am
Msg #217616

No, we cannot notarize our own signature in Florida. I don't know any state where one can notarize their own signature

Reply by Sylvia_FL on 10/22/07 8:56am
Msg #217618

Maybe you misunderstood my previous post. I was meaning Florida laws are different as we do not have to sign a declaration that the document was translated.

Reply by SharonMN on 10/22/07 10:28am
Msg #217633

Translations - do they understand what they are signing?

For the person that said it would be UPL - I don't think so. There is no rule that translators need to be lawyers. However, the qualifications the translator needed would depend greatly on the content of the document (a statement saying "I owe John $10" could be translated by just about anybody, while a mutual fund prospectus would be considerably more difficult and need someone with specialized expertise, although not necessarily a law degree.)

I would be more concerned about whether your translation had an effect on the signer's ability to understand the document. If the signer can read and understand both languages, then I think there is little conflict in translating and notarizing the document. If the signer can't understand the version they are signing, then you have a problem and can't notarize. If the signer can't understand the original but understands the translation they are signing, it may be OK but it's hard to say for sure without knowing more details.

Reply by MelissaCT on 10/23/07 8:54am
Msg #217792

Re: translated papers (CT)

In CT, our manual specifically states that a notary cannot translate a document then notarize the signature. A notary can notarize the signature if the document translation is completed by someone else, though. Falls under conflict of interest (in my opinion) to translate then notarize the signature on the translated document.