Posted by Pamela on 11/11/06 3:13pm
Msg #159074

Questions Re: POA and Foreign Property

I do public notarizations and this is the first
time someone has asked me to do a Power
of Attorney for an Indian transaction.

A customer telephoned me to do a Power of
Attorney for which the property is located
in India. The documents (in English) were
drawn-up in India and are to be filed there too.

Questions: Would this be completed as
a regular Power of Attorney, or would
an Apostille also be required?

If so, how is that done? And are there
any additional fees required?

Thanks,

Pam

Reply by BrendaTx on 11/11/06 4:07pm
Msg #159081

My *guess* is there will be a need for an apostille.

You fill out a form to go with the document for which the apostille is required. They will send that in to the state with the original document plus a fee of $15 if in Texas. Sometimes the notary does it as a courtesy...I will for people who are not sure about what they are doing and I have to charge at least the apostille fee plus postage.

Foreign students need them a great deal.

I know that I don't have emphasize to you that you are not in Texas...so I won't...here is the doc that Texas uses for non-adoptions. Adoption form is a little different.

http://www.sos.state.tx.us/statdoc/forms/2303.doc

Reply by BrendaTx on 11/11/06 4:12pm
Msg #159082

For those who do not know, the apostille will be sent by the state back to the requester so that the foreign country can verify the notary was in fact a notary.

For instance, in China you have to do some kind of procedure to get married...two students living here and wanting to marry in China need to get this done ahead of time. They declare their single status and that they plan to marry in the fall of next year and I guess they are applying for a license...they can do it by mail if they have their signatures notarized/swear to the application and then send to the SOS to get an apostille before the document goes over to China. That way China knows that the notarizations are for real.

Kinda sketchy but that's one of the things an apostille is used for.

Reply by sandi42 on 11/11/06 4:18pm
Msg #159085

Re: Questions Re: POA and Foreign Property n/m

Reply by Mia on 11/11/06 4:13pm
Msg #159083

First thing is -- I don't think India is part of the Hague Convention. (I'll have to look it up again to see if they have been added).

Since the notarized document is going out of the US, a chain authentication process may
be necesary. I believe they may have to go through a foreign consulate in D.C.

Reply by BrendaTx on 11/11/06 4:18pm
Msg #159086

You are right, Mia...Everyone just ignore what I said. Other foreign countries may or may not apply.

Reply by TitleGalCA on 11/11/06 9:13pm
Msg #159147

***Questions: Would this be completed as
a regular Power of Attorney, or would
an Apostille also be required? ***

It is not for you to determine, request or suggest. You can notarize a Power of Attorney just like you'd do ANY Power of Attorney....according to California's guidelines, and what your customer has requested. That's all you can do.

A notary should never suggest what the signer 'needs'.

Reply by Pamela on 11/12/06 10:39am
Msg #159235

Thank You All!

I referred the customer to several other notaries.
However, next time there is a request for a similar
notarization, I'll accept the job. And will apply
all notarial rules and guidelines as they should be
(and not worry).

Thanks Again,

Pam

Reply by SharonMN on 11/13/06 10:18am
Msg #159537

Re: India does not use apostille

India does not use apostille. First, you have to get your notarization authenticated by your Secretary of State. Then you have to send docs to the Indian consulate (here in America) to have them legalized before sending to India. It's a pain and there is quite a bit of red tape to go through (for example, they refuse any package not sent through US mail!) I would definitely let the client determine the requirements that apply to their document and take care of it themselves.

Reply by Pamela on 11/13/06 3:32pm
Msg #159645

Sharon, Re: India does not use apostille

Perfect!

Exactly what I needed to know.

THANK YOU VERY MUCH!

Pam