Posted by Gloria Roque on 4/25/06 12:49pm
Msg #115775

HELP!!!

I'm having a client come to my office in a little while and he wants me to notarize a letter authorizing his wife to travel with their child. Question is should I issue a jurat or acknowledgement? Anyone familiar with this type of doc?

Reply by BrendaTx on 4/25/06 12:51pm
Msg #115776

Gloria, You cannot pick the certificate for them. Read your rules.

Reply by Gloria Roque on 4/25/06 12:59pm
Msg #115781

so I have to wait for him to bring the document to me and then from there I should know, right?

Reply by MelissaM_FL on 4/25/06 12:59pm
Msg #115782

He should tell you what kind of certificate is required.

Reply by DellaCa on 4/25/06 1:18pm
Msg #115789

When you see it if its not clear to you then give the choice to the client and have them tell you which they want, I have done several of these and usually mine have no wording for us at all so they have the choice.

Reply by BrendaTx on 4/25/06 1:39pm
Msg #115792

Re: HELP!!! - The Heavy...

Man, I hate to seem like a heavy, and I do come off that way when I refer people back to their notary rules. And, that's okay...I help in my way, others help in theirs. I think the correct way to help someone when they are considering breaking the rules out of not knowing the rules is to refer them back to the rules. To me, that's the only answer.

Gloria - for later when you are not under the gun, read through your rules again. In Texas, it is very plainly stated that we may present the certificates we have available to us to the person needing a notarization without the certificate attached.

As far as forms go...
For years I worked for an attorney. I can draft just about any kind of legal pleading in the world, but as notaries public, we are definitely not supposed to be creating documents to use which have legal importance. I realize a lawyer may have created it for you to use, but can we even be considered not practicing UPL to provide that form? Better to let them choose the form as well.

IMHO, we darn sure should not be discussing forms online. If someone has a form for another notary, please use email... think twice before you say "hey...I have a form and I am not an attorney...let me hand that over to you and do the dreaded UPL so that it looks bad on all notaries."

Okay...that's my position on this. If it is an unpopular one, so be it. Fuss at me...I can take it. Sniff.

Reply by Sylvia_FL on 4/25/06 1:46pm
Msg #115798

Re: HELP!!! - The Heavy... - I agree

A popular position with me Brenda

Reply by BrendaTx on 4/25/06 5:32pm
Msg #115861

Re: HELP!!! - The Heavy... - I agree

Thanks, Sylvia...I hate sounding grouchy and I know I do sometimes...but I really mean just to put out the facts. We have to be careful when we are online. I am especially concerned with not getting in trouble for practicing law...in Tx, I think all we need is proof of that and we'll be an atty only state.

Reply by FastCA on 4/25/06 1:16pm
Msg #115787

Gloria send me your fax # and I will send you the form that is required y the Feds. [e-mail address]

Reply by Sylvia_FL on 4/25/06 1:41pm
Msg #115794

Gloria
First let me clear up a popular misconception with the general public and even some notaries.

You are not notarizing a letter, we do not notarize documents of any kind. We notarize the signers signature. Notarizing their signature is showing that we have identified the person who is signing the document.

If a document or a letter does not have a notarial certificate on it you must let the signer know the two certificates that are available - the acknowledgment and the jurat - and let them know the difference between the two and have them make the decision whether they want to just acknowledge they signed the document or they want to swear to the facts stated in the document.

We cannot provide the client with the forms as someone has offered to do for you, as that would fall under UPL. Any forms or documents must be provided by the client.

Reply by SarahBeth_CA on 4/25/06 2:14pm
Msg #115806

In addition

Brenda and Sylvia are right on the money. In addition if you know of a website where a signor can obtain a doc they need it is ok to refer them to it. But we are never to provide the instrument to be notarized. We can only provide the notarial certificate of their choosing if they don't already have one that conforms to state law.

Reply by FastCA on 4/25/06 3:14pm
Msg #115826

Go to this site and it is self explanatory, I am not advocating what someone suggested (ie supplying the notorial form, this is just a method for the signer to include the proper facts needed and then they can choose the proper Ack or Jurat for your state.

Reply by Sign/SealCO on 4/25/06 3:41pm
Msg #115835

you posted earlier that you would fax the required form.