Reply by Sylvia_FL on 5/28/05 5:29pm
Msg #41036
Stamper, we are talking about military notaries, not notaries appointed by their various states.
From your Wisconsin handbook:
(5) NOTARIAL ACTS UNDER FEDERAL AUTHORITY.
(a) A notarial act has the same effect under the law of this state as if performed
anywhere by any of the following persons under authority granted by the law of the United
States:
1. A judge, clerk, or deputy clerk of a court;
2. A commissioned officer on active duty in the military service of the United
States;
3. An officer of the foreign service or consular officer of the United States; or
4. Any other person authorized by federal law to perform notarial acts.
So, in Wisconsin the military member must be a commissioned officer on active duty.
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Reply by Dogmonger, Ca on 5/28/05 11:41pm
Msg #41075
The only JAG that had a commision transfered
There was another in customer service and she was transferred. She also was trying to charge for her services. Every bas I have ever been on has one, this one has been without one for some time, and as long as they are flexible on the time, I will continue to provide service:-)
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Reply by PAW_Fl on 5/29/05 7:11am
Msg #41081
Re: My wife is in the military and her base has no notary
Most bases that have either a fully staffed JAG office or a base Personnel office will have a notary public available if not on staff. However, base notaries usually limit their acts to military functions.
The UCMJ (Uniformed Code of Military Justice), Article 136, allows certain military members (usually commissioned officers) to perform limited notary functions.
From the UCMJ:
ART. 136. AUTHORITY TO ADMINISTER OATHS AND ACT AS NOTARY
(a) The following persons on active duty or performing inactive-duty training may administer oaths for the purpose of military administration, including military justice, and have the general powers of a notary public and of a consul of the United States, in the performance of all notarial acts to be executed by members of any of the armed forces, wherever they may be, by persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Canal Zone, Puerto Rico, Guam, and the Virgin Islands, and by other persons subject to this chapter outside the United States.
(1) All judge advocates
(2) All summary courts-martial.
(3) All adjutants, assistant adjutants, acting adjutants, and personnel adjutants.
(4) All commanding officers of the Navy, Marine Corps, and Coast Guard.
(5) All staff judge advocates and legal officers, and acting or assistant staff judge advocates and legal officers.
(6) All other persons designated by regulations of the armed forces or by statute.
(b) The following persons on active duty or performing inactive-duty training may administer oaths necessary in the performance of their duties:
(1) The president, military judge, trial counsel, and assistant trial counsel for all general and special courts-martial.
(2) The president and counsel for the court of any court of inquiry.
(3) All officers designated to take a deposition.
(4) All persons detailed to conduct an investigation.
(5) All recruiting officers.
(6) All other persons designated by regulations of the armed forces or by statute.
(c) No fee may be paid to or received by any person for the performance of any notarial act herein authorized.
(d) The signature without seal of any such person acting as notary, together with the title of his office, is prima facie evidence of his authority.
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