Posted by Shoshana Roller on 3/18/09 4:31pm
Msg #281207

Any Constitutional Law experts among us?

I had accepted a signing here in AZ. Along with the docs came an email from the title company that said that I was to use a raised notary seal where required. I called them and was told that some counties or states required a raised. seal. That was a new one to me.
Anyway, someone told me that in Article 4, Section 1 of the US constitution it actually states the notary must abide abide by their state's laws regarding notarization for an out of state document.
I

Reply by PAW on 3/18/09 7:47pm
Msg #281263

Section 1 - Each State to Honor all others

Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.

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Implies that notarial acts in one state will be honored by all other states. However, many foreign countries do required raised seals on documents.

Reply by Kevin/Ct on 3/19/09 5:03am
Msg #281320

Article 4 Section 1 of the U. S. Constitution is the full faith and credit clause requiring each state to give full faith and credit to thelaws of the other 49 sister states.

Article IV
Section 1. Full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state. And the Congress may by general laws prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.

Reply by Kevin/Ct on 3/19/09 5:09am
Msg #281321

Interestingly Connecticut attorneys are empowered to notarize documents without a seal or a stamp. All they are required to do is sign their names and write "Commissioner of the Superior Court" under their names.

Reply by BobbiCT on 3/19/09 7:24am
Msg #281328

And as Kevin knows ...

Our CT attorneys when sending documents out of state almost always use a staff notary or their own notary public commission. It just saves a lot of explanation time: What is a Commissioner of the Superior Court? What do you mean his commission is "for life"? And the inevitable "Prove It, followed by I'll have to show this to my supervisor."

Hmm .. I wonder if any of this "show it to my supervisor" moves up the supervisor chain ends up in God's or the devil's lap. Sooner or later don't these people run out of supervisors?

Reply by Kevin/Ct on 3/19/09 10:21am
Msg #281350

Re: And as Kevin knows ...

Very true Bobbi. The designation "Commissioner of the Superior Court " is understood throughout Connecticut without any problem ..not so outside of Connecticut. I found that out early on, and obtained a notary's commission in addition to my license to practice.

It is amusing to watch the reaction of other attorneys at the closing table when I start applying a notary's stamp and seal. On one occasion one of them had a confused look on his face, and asked if I really was an attorney. I explained that the notary's stamp and seal was for the benefit of those who were unacustomed to the designation "Commissioner of the Superior Court."