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Need help!
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Posted by alfanotary on 6/22/05 10:54pm
Msg #47001

Need help!

Hello everybody, I am a new notary. I speak spanish. A friend of mine asked me to notarize a document that is in Spanish. Actually it has the notarial wording in spanish and I understand what it says. It is an acknowledgment, but the question is. Do I use the text for acknowledgment in spanish that is already printed in the doc? or should I cross that one out and attach a loose certificate acknowledgmente in english...?
Sorry for being dum... :(

Reply by Kimberly_IN on 6/22/05 11:03pm
Msg #47006

I haven't ever ran into this before (probably because I'm not bilingual) but I would think that whatever language the document is in is the language the acknowledgement would be in. I wouldn't take that to the bank though.

Reply by PAW_Fl on 6/22/05 11:11pm
Msg #47010

Not here! (In FL.) By statute, the notarial certificate **must** be in English. From the FL manual:

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.

(Ref: Governor's Reference Manual for Notaries, 2001, pg 37)

Reply by Victoria/FL on 6/22/05 11:14pm
Msg #47012

I was just reading the same thing, however the manual reads, "For a person who is signing a document written in a foreign language not UNDERSTOOD by the notary." This notary understands Spanish.

I would agree, though, it needs to be in English.

Reply by Anonymous on 6/22/05 11:08pm
Msg #47008

I believe the rule is that - you must have the notariel wording in english because the word notary has a different meaning in spanish as notaria - meaning attorney in mexico????????

Reply by Victoria/FL on 6/22/05 11:11pm
Msg #47011

Agree w/above Anonymous poster. Complete in English. n/m

Reply by Gerry_VT on 6/23/05 9:34am
Msg #47093

Anonymous wrote "I believe the rule is that - you must have the notariel wording in english because the word notary has a different meaning in spanish as notaria - meaning attorney in mexico????????"

I've come across some notary rules that prohibit translating "notary public" into a foreign language for the purpose of advertising notary services. Advertising is one thing; writing the acknowledgement certificate is another thing. I'd suggest further investigation.

Reply by Lee/AR on 6/22/05 11:40pm
Msg #47016

Interesting question... and I haven't a clue. Just a random thought about 'WHERE IS THIS DOCUMENT GOING"???? Maybe it's going to Mexico? Where they all speak Spanish and both the signer & notary speak Spanish... maybe it shoud be done in Spanish. Just a thought.

Reply by PAW_Fl on 6/22/05 11:56pm
Msg #47023

Other states express it better than FL. The SOS of NC published the following:

You are not responsible for the contents of the document; however, you should be satisfied that the signer has read and understands the document, and that the signer is willing to sign. If the signer has unanswered questions about the document or its effect, you should refer him or her to their attorney and not notarize. If the signer is blind or illiterate, you may read the document to him or her. If the signer does not understand English, it is the signer’s responsibility to have the document translated to a language he or she understands. If the document is in a foreign language, the notary certificate must be in English or accompanied by a certified English translation. (Ref: http://www.secretary.state.nc.us/notary/highlts.aspx)


The Constitution of the State of Florida provides that English is the official language of the state, therefore all official documents must be written in English, the official language.

Reply by Anonymous on 6/22/05 11:58pm
Msg #47026

that is a better answer. thanks.

Reply by John_NorCal on 6/22/05 11:51pm
Msg #47019

Good question... My opinion is pretty much the same as the others. I would assume that if the document is going to be used here in the U.S. , recorded, etc. it should all be in English. If the document is going to a Spanish speaking country, then having it all in Spanish would be proper.

Reply by Maria Espinoza on 6/23/05 12:01am
Msg #47028

but if it is going to a difference country(mexico) it would not have the same value. becareful.

Reply by alfanotary on 6/23/05 12:52am
Msg #47037

Thank you!!

The document is going to be used in California, so I think I am going to add a loose certificate with the acknowledgment wording.
Thank you for answering to my question!
Citlalli
Vallejo, CA

Reply by Just a Thought on 6/23/05 12:51am
Msg #47036

If you are a member of NNA (National Notary Association.com) they have experts for each state and the laws that pertain to that state. Great Resource materials....such as state Notary law primers and a live person to answer your questions. Consider joining if your not a member and get the correct answer, instead of the opinions of the masses. Good luck with your future as a Notary Public.

Reply by alfanotary on 6/23/05 12:54am
Msg #47038

I am... and I already call them.. but the person that I talked to.. did not give me an answer that I feel confortable with. He told me to call the receiving agency and ask them how they wanted it...

Reply by John_NorCal on 6/23/05 8:14am
Msg #47065

Re: Need help! So much for NNA! n/m

Reply by What State RU From? on 6/23/05 8:24am
Msg #47071

In California, the Notarial Verbage MUST be in ENGLISH

Read your state handbook!

Reply by PAW_Fl on 6/23/05 8:47am
Msg #47083

Re: In California, the Notarial Verbage MUST be in ENGLISH

For my own edification, would you mind showing me (quoting) where in the 2005 CA Handbook it states that the certificate must be in English.

Reply by Stephanie_CA on 6/23/05 2:31pm
Msg #47177

Re: Need help!...in CA Cert needs to be in English. n/m

Reply by Stephanie_CA on 6/23/05 2:59pm
Msg #47188

Re: Need help!...in CA Cert needs to be in English.CORRECTIO

The Notarial Certificate and document should be in English or in a language the Notary can read.


 
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