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Re: Oath Must be Administered Locally, Not Remotely
Posted by ABC Legal Docs, LLC - Jerry Lucas of CO on 3/9/19 7:00pm Msg #604208
This ruling is found repeatedly in court cases. The public official must have authority where the principal is located. A state official from state A has internal authority within the geographic boundaries of state A, but does not have external authority in state B, unless the authority is granted by state B.

For example, neighbors Montana and North Dakota have a reciprocal notary agreement. A Montana notary may notarize in North Dakota, and vice versa, only because each state has mutually approved that arrangement. But, Montana has approved remote notarization within its borders, North Dakota has not. So, Montana remote notarization does not extend to North Dakota, because it is not a reciprocal agreement.

States have sovereign rights of local government, beneath or concurrent with the federal government. One state cannot unilaterally claim that its officials have external government authority and impose that authority against the will of another state.

States also have different residency, training, testing, continuing education, bonding, oath of office, journal, stamp and criminal history requirements for notaries. A state with high standards for notaries may not want to have a reciprocal agreement with a state with lower standards.
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Messages in this Thread
 RON: The Jurisdiction Problem - Matt Miller on 3/5/19 10:40am
 The Jurisdiction Problem - Signerbill on 3/5/19 11:14am
 <WHO promotes this stuff?? >> - BearPaw/CO on 3/5/19 11:31am
 Re: RON: The Jurisdiction Problem - Luckydog on 3/5/19 11:46am
 ICs will not be asked to do this. IT WILL GO TO BIG COMPANY - Lee/AR on 3/5/19 12:21pm
 Re: ICs will not be asked to do this. IT WILL GO TO BIG COMPANY -  SheilaSJCA on 3/7/19 12:07pm
 Re: ICs will not be asked to do this. IT WILL GO TO BIG COMPANY - Matt Miller on 3/8/19 9:22am
 I honestly think just the opposite Sheila.. - Linda_H/FL on 3/8/19 11:09am
 This is very interesting. IMO the VA law should have been -  MW/VA on 3/5/19 3:13pm
 Oath Must be Administered Locally, Not Remotely - ABC Legal Docs, LLC - Jerry Lucas on 3/8/19 2:46pm
 Re: Oath Must be Administered Locally, Not Remotely - Linda_H/FL on 3/8/19 3:46pm
 Re: Oath Must be Administered Locally, Not Remotely - Matt Miller on 3/9/19 10:03am
 Re: Oath Must be Administered Locally, Not Remotely - ABC Legal Docs, LLC - Jerry Lucas on 3/9/19 9:12pm
 Re: Oath Must be Administered Locally, Not Remotely -  JanetK_CA on 3/8/19 5:09pm
 Re: Oath Must be Administered Locally, Not Remotely - Matt Miller on 3/9/19 10:02am
 Re: Oath Must be Administered Locally, Not Remotely - ABC Legal Docs, LLC - Jerry Lucas on 3/9/19 7:00pm
 Re: Oath Must be Administered Locally, Not Remotely - Matt Miller on 3/10/19 10:19am
 Re: Oath Must be Administered Locally, Not Remotely -  ikando on 3/10/19 3:47pm



 
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