Posted by Notarize THIS! on 12/21/09 12:30pm
Msg #315181
Mexico passport
Anyone have any idea - can I use a Mexican passport as a sole form of ID in order to sign a power of attorney? If the document is printed only in Spanish and I do not speak/read Spanish, is it okay? If it is printed in both English and Spanish, does that make it better? SHould I photocopy the ID just to be safe?
Thanks
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Reply by SOCAL/CA on 12/21/09 12:34pm
Msg #315184
See page 8 of the CA Hankbook.
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Reply by Notarize THIS! on 12/21/09 12:35pm
Msg #315185
Let's assume then that I don't have the handbook on me :-)
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Reply by Linda_H/FL on 12/21/09 12:39pm
Msg #315190
http://www.sos.ca.gov/business/notary/forms/handbook.pdf
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Reply by Marian_in_CA on 12/21/09 12:41pm
Msg #315192
It's available for free, online....
http://www.sos.ca.gov/business/notary/forms/notary-handbook-2009.pdf
But, you're kind of supposed to already know the answer this without asking... well, both the questions and the location of the handbook. 
Just sayin!
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Reply by Notarize THIS! on 12/21/09 12:45pm
Msg #315194
Re: It's available for free, online....
I don't normally do sole document notarizations. I usually only do loan docs in which case, I have never run into an out of country ID. After 10 years of being a notary, I guess I should know. Just not something I run into more than once in 10 years LOL
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Reply by SOCAL/CA on 12/21/09 12:35pm
Msg #315186
That's "CA Handbook"
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Reply by SOCAL/CA on 12/21/09 12:37pm
Msg #315187
A. Paper Identification Documents – Identity of the signer can be established by the notary
public’s reasonable reliance on the presentation of any one of the following documents, if the
identification document is current or has been issued within five years (Civil Code section
1185(b)(3) & (4)):
1. An identification card or driver’s license issued by the California Department of Motor
Vehicles;
2. A United States passport;
3. Other California-approved identification card, consisting of any one of the following,
provided that it also contains a photograph, description of the person, signature of the person,
and an identifying number:
(a) A passport issued by a foreign government, provided that it has been stamped by the U.S.
Immigration and Naturalization Service or the U.S. Citizenship and Immigration Services;
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Reply by Notarize THIS! on 12/21/09 12:38pm
Msg #315188
You are awesome - thanks!!!!
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Reply by Marian_in_CA on 12/21/09 12:48pm
Msg #315198
Just make sure it's got a CURRENT STAMP...
and make sure to record the date and visa type if you can, including that number of days... and ADD THOSE DAYS UP!! If you've got a 90-day tourist visa stamped back in June... you can't accept it.
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Reply by Marian_in_CA on 12/21/09 12:55pm
Msg #315202
Let me add to that...
Some people will accept it under the idea of the expired but issued within the last five years.... so if it's stamped in the last 5 years, they'll take it, valid or not.
I won't... not for CA/MX passports. I want that stamp to be current to be satisfied.
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Reply by Notarize THIS! on 12/21/09 1:06pm
Msg #315203
Re: Let me add to that...
Thanks Marian. Greatly appreciated. :-)
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Reply by Robert/FL on 12/21/09 1:32pm
Msg #315205
Re: Just make sure it's got a CURRENT STAMP...
In Florida, the law states only that foreign passports must be stamped by the U.S. immigration service. Says nothing about counting dates, etc. IMO, as long as there is a U.S. stamp in the passport that was issued within a reasonable amount of time, I will accept it. The point is to provide "satisfactory evidence". If I am satisfied and am in compliance with statute, I will not make a fuss over small inconsistencies with the identification.
IMO foreign passports should be accepted with or without a U.S. stamp. I am a dual citizen of the Bahamas, and possess a Bahamian passport, but have never used it to travel in or out of the country and so it therefore does not have any sort of stamp by U.S. immigration services. However, it is a valid ID and should be accepted as such for notarizations. Nevertheless, the law states that the passport must be stamped. But I don't bother with verifying visa time limits, etc. I have no knowledge of that type of thing and that's bordering UPL, in my opinion.
This of course only applies to Florida and perhaps some Florida notaries do it differently than myself; I don't know what California's procedure is relative to checking foreign passports.
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Reply by Marian_in_CA on 12/21/09 1:54pm
Msg #315211
Re: Just make sure it's got a CURRENT STAMP...
There are exceptions, of course... and not all passports are going to be stamped, either. Many won't have durations, either. In those cases I use the expiration date or 5 year rule. But, there are some that have a specific 90-day notation. The DHS stamps usually just say, "ADMITTED" though. I should have cleared that up, too. I only care about the length if a duration is noted.
If I go to Canada... they're only going to stamp my passport if I ask them to.
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Reply by BrendaTx on 12/21/09 2:14pm
Msg #315215
Re: Just make sure it's got a CURRENT STAMP...
*If I go to Canada... they're only going to stamp my passport if I ask them to. *
Yep. Same for lots of other countries as well. Don't know if the US requires a stamp or not, but I'd doubt it. It takes a lot of time to do get/give stamps.
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Reply by Calnotary on 12/21/09 12:40pm
Msg #315191
Is it a "Poder Notarial" for Mexico? IF so that will not be acceptable by the mexican government.Your clients have to go to their local Mexican Consulate and use their "Notario Publico"which is an attorney. That mexican passport must be current and stamped by the US INS in order to be valid for ID in the USA..JMHO.
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Reply by Marian_in_CA on 12/21/09 12:43pm
Msg #315193
That's true... but it's not really up to us to advise them of that.
The only thing we can do is make it clear that we are NOT a Notario Publico... which seriously confuses them.
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Reply by Calnotary on 12/21/09 12:48pm
Msg #315197
I always get calls for notarizations that I know for sure that they will not be useful and I always tell them to go to their local Mexican Consulate. Most hispanic people think that any notary in CA can notarize any document and they can take that document to Mexico to process their legal business.
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Reply by Notarize THIS! on 12/21/09 12:51pm
Msg #315199
Thanks for the head's up, but in this case, the guy is giving his American girlfriend authority to act on his behalf in the US.....
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Reply by Notarize THIS! on 12/21/09 12:47pm
Msg #315196
It is actually a power of attorney for the gentleman's US girlfriend to sign on his behalf while he is away on vacation. That's why I am a bit concerned. He is coming to my office in about an horu so wanted to see what some other notaries would say....
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Reply by Marian_in_CA on 12/21/09 12:51pm
Msg #315200
Also read page 18 of the handbook...
About Foreign Language documents...
"A notary public can notarize a signature on a document in a foreign language with which they
are not familiar, since a notary public’s function only relates to the signature and not the contents of the document. The notary public should be able to identify the type of document being notarized for entry in the notary public’s journal. If unable to identify the type of document, the notary public must make an entry to that effect in their journal, e.g. “a document in a foreign language.” The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete. The notary public is responsible for completing the acknowledgment or jurat form. When notarizing a signature on a document, a notary public must be able to communicate with their customer in order for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document. An interpreter should not be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language."
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Reply by LKT/CA on 12/21/09 2:07pm
Msg #315214
<<<I don't normally do sole document notarizations. I usually only do loan docs in which case, I have never run into an out of country ID. After 10 years of being a notary, I guess I should know. Just not something I run into more than once in 10 years LOL>>>
It certainly is not funny that you have been a Notary for 10 years and yet you don't know basic notarial law. Your questions are "notary 101".....there is no excuse not to keep current on the rules. It matters not what document's you're "used to working with". The handbook is downloadable and free. There may or may not be changes, additions or newly added rules - it is important to check every year. Each January, print a copy of the new handbook and keep it at your desk, in your car, or wherever else you think you'll need it. If something seems unclear in the handbook, then it makes sense to come onto the forum and ask for CLARITY or call the SOS. But to not know at all when the info is readily available can cost you your commission, fines, possible jail time.
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