Posted by Tina G - Calif on 7/7/05 12:27pm
Msg #50293

Notarizing Photo - Urgent Help Needed

I just received a call from a gentlemen who would like me to notarize his children's passport photo's. According to him, the instructions for the application indicate that the photo's need to be notarized. Need some help here. Can't find anything that says I can do this.

Reply by Ernest_CT on 7/7/05 12:32pm
Msg #50297

You can't.

Reply by Ernest_CT on 7/7/05 12:41pm
Msg #50299

Clarifying notarizing photos

If you are notarizing the APPLICATION, that's fine (as long as the usual conditions are met). Unless CA is radically different from the other states (don't go there!), notaries cannot notarize a photograph. You could notarize an affidavit concerning the photo, but you can't swear that the photo is a genuine likeness.

People who can point to the CA law should overrule me in a heartbeat!

Reply by William/CA on 7/7/05 12:54pm
Msg #50300

Re: Clarifying notarizing photos

No, we won't, at least not this time.

Reply by Tina G on 7/7/05 1:02pm
Msg #50303

Re: Clarifying notarizing photos

I just spoke to the gentlemen again to clarify. I found out that it's not a U.S. passport but an Indian one and the application and other paperwork are from the India Consulate in SF. The photo's are of his children. He said that the form that you affix the photo to states "Must be notarized". I told him he needed to call the consulate because I can't affix my seal to a photo but I can notarize the parental statement. I also spoke to SS office and they confirmed you can't affix your seal to a photo.

Reply by Ernest_CT on 7/7/05 1:06pm
Msg #50304

Whew! Thanks! n/m

Reply by William/CA on 7/7/05 1:07pm
Msg #50305

Re: Clarifying notarizing photos

Is it the form that needs to be notarized or the pictures? Have him read the form to you.

Reply by Tina G on 7/7/05 1:12pm
Msg #50307

Re: Clarifying notarizing photos

I did have him read both forms. The one that I could notarize is a type of parental affidavit, as the children are minors. The second one is the passport application where you affix the photo to. This is the one he said need to be notarized, meaning just put your seal on it. There is no notarial wording on it. I guess it's a requirement of the India Consulate. But I can't do it.

Reply by Notary4U on 7/7/05 1:26pm
Msg #50309

My understanding is this...

You can't notarize the photo, but you can notarize a statement, i.e.

If it were a photo of himself and he wrote on the photo "this is a photo of myself, John Doe." and signed it, then you can notarize the statement.

Does that make sense?

And I could be wrong, stranger things have happen than that.

Reply by SarahBeth_CA on 7/7/05 1:31pm
Msg #50312

Re: Clarifying notarizing photos

It would make sence if they were asking you to perform a jurat to compel the signor of the document to truthfulness of information in the document. Then attach the jurat cert. to the doc. Maybe the gentleman is misunderstanding what the recipient wants. The recipient should be able to explain the whole process to him. The important word is should. These are just my thoughts on this as I haven't had experience with the situation.

Reply by JanetK/CA on 7/7/05 1:53pm
Msg #50318

Re: Clarifying notarizing photos

I believe you are on the right track. I did do one of these for someone from India a while back, and it was the actual photograph that they wanted notarized, which we cannot do. What I suggested was that he write out a statement certifying that these were in fact his photo (I don't remember the exact wording - and I didn't supply it to him, just explained the concept), then I administered an oath and attached a jurat certificate. I vaguely recall that he wrote his statement right on the margin of the photos. They were passport style, so there was enough extra margin. (That was his decision, too.)

I don't know if he would have called me if there was a problem, but I never heard back. I'm going to assume that everything was accepted as is... BTW, since notary laws vary a great deal from country to country (you think state to state is bad??!!), I wouldn't expect the recipient to necessarily be able to explain what they need, unless they happen to be a US notary.

I also recently notarized several documents for a gentleman from Canada and the verbiage they use in relation to a document notarization was very different. It took us a little while to make sure we were on the same page, but there were multiple copies of several documents, so it was worth it!

Both of these people are now local residents, so I think they would have contacted me if they ran into any difficulties with the notarizations. HTH

Reply by SarahBeth_CA on 7/7/05 2:27pm
Msg #50334

Re: Clarifying notarizing photos

"I also recently notarized several documents for a gentleman from Canada and the verbiage they use in relation to a document notarization was very different. It took us a little while to make sure we were on the same page, but there were multiple copies of several documents, so it was worth it!"

Are you saying that the notorial cert was a CA cert or from Canada? Am I misreading your post? It sounds like you used a cert from Canada when you refer to "the verbiage they use". Can you clarify please.

Reply by rumoret on 7/7/05 3:17pm
Msg #50346

Re: Clarifying notarizing photos

Exactly!

Reply by KP on 7/7/05 9:57pm
Msg #50440

Re: Clarifying notarizing photos

In the days of the squeezy seal, one would squeeze the photo.

Reply by Stephanie_CA on 7/7/05 6:16pm
Msg #50389

Re: Clarifying notarizing photos

In California, a photographcannot be notarized; however, a signature on a written statement referring to an accompanying or attached photograph may be notarized; if the photograph is large enough, the statement and notarial certificate might even appear on its reverse side.
Such formats may be acceptable when notarized photos are requested by persons seeking medical or health licenses, or by legal residents renewing foreign passports.

A word of caution - a Notary should always be suspicious about notarizing a photo-bearing card or document that could be used as a bogus "official" ID.
..........please forgive any typos...Typed this in very quickly.

Reply by Terri_CA on 7/7/05 3:01pm
Msg #50342

In California a notary cannot certify (notarize) any document, photo or otherwise, other than a Power of Attorney or copies of their journal entries or journal.

There is a document entitled Copy Certification by Document Custodian that can assist you in these situations where someone presents a photo, etc to be notarized. Remember that we cannot advise the document presenter which type of notarization to be used. You can give them the form, they fill it out, without your assistance, and then you notarized (jurat) the statement.

If a California notary is presented with a document that has instructions that it should be notarized, the notary can try to determine from the wording on the document what type of notarization is being requested. If there is no wording, then the Notary can describe the difference between a Jurat and Acknowledgment notarization. Allowing the document presenter to make the decision. If they are unable to make that determination, then the document presenter/signer should be referred back to the document preparer with the information about the two different types of notarization, and let the document preparer make the decision.

If you are interested in having a copy of the Copy Certification by Document Custodian, please e-mail me at terri at terrigarner dot com. Put in the Subject - Request for Copy Certification form.

Terri
Lancaster, CA

Reply by Tina G on 7/7/05 5:30pm
Msg #50379

As I stated in my earlier post, the passports were for his children, ages 8 and 5. According to him, and he did read it to me, the actual photo of the children on the passport application needed to be notarized. Meaning, just stamp your seal on it. I told him that I could not do it nor any notary in the State of California. I could, however, notarize his statement. I haven't heard back from him. He was supposed to be checking with the consulate.

I would like to thank you all for your input.

Reply by Pam on 7/7/05 9:52pm
Msg #50436

Wow!!!

Reply by Kauai Pam on 7/7/05 9:17pm
Msg #50425

What you're being asked to do in actuality is to certify that the photos are what they are purported to be. Not notarizing the photo itself. ie: I hereby certify that...

Reply by Ernest_CT on 7/8/05 4:49am
Msg #50521

Sorry, Pam; no can do.

HI law may be different, but most states do not allow a photograph to be notarized. If the PARENT swears that the photographs are the photographs of the named children, then we could notarize that statement as a usual jurat.