Posted by Anthony Fagen on 12/7/07 1:22pm
Msg #224902

Notarizing on Federal and Tribal Property in California

Can some within California please clarify the following?

I was taught during my notary class regarding the ability of a California notary conducting business on federal property or tribal land that our jurisdiction ends once we enter the property.

For federal property (i.e.: military installations, court houses, etc.) that because there are notaries public generally speaking on the property the only way I could notarize something would be if the individual(s) come off the property.

For tribal land, if I were to receive permission from the tribal council or government I may be able to conduct business.

The 2007 state handbook does not indicate any restriction but I want to clarify this as a "newbie" notary.

Any comments?

Reply by John_NorCal on 12/7/07 1:26pm
Msg #224903

I think your best source of information would be from the secretary of state's office. I had never heard of any restrictions for conducting notarization on military installations, etc. The state does specify about commissioning notaries on military installations whose authority only extends to the installation, but I haven't heard of anything the other way around.

Reply by Linda Spanski on 12/7/07 1:27pm
Msg #224904

I've notarized many a signature on military bases (also the Aircraft Carrier Stennis) as well as courthouses and other federal buildings. Just because there may be notaries on the premesis doesn't mean I can't work there too.

Reply by Terri_CA on 12/7/07 4:08pm
Msg #224936

It's my understanding that a notary not commissioned to perform on a military base, must request permission by the CO or JAG in charge to perform notarizations on a military base/reservation.

Also, tribal council may also need to approve the notary to perform on federal reservation.

Terri
Lancaster, CA

Reply by Ernest__CT on 12/7/07 5:57pm
Msg #224951

Sorry, Terri. Military bases are within the state ...

... in which they are physically sited.

Provided that the civilian Notary Public enters the base legally, there can be no restrictions.

Reply by Gerry_VT on 12/7/07 11:27pm
Msg #225003

Re: Sorry, Terri. Military bases are within the state ...

It ain't necessarily so. The U.S. Constitution states "Congress shall have power...To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, be Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.

So this seems to say that a military base is just as independent of state power as Washington DC is (that's the ten Miles square referred to in the Constitution). That might be the reason no state sales tax is charged at PXs, BXs, and military commisaries.

Reply by Sylvia_FL on 12/8/07 10:23am
Msg #225031

A notary public may notarize on a military base in their state, however they would have to get permission to be on the base.

I have notarized for military personnel on the base, I have a "base sticker" on the SVU as my husband is retired military. Without the base sticker I would have to get permission to enter the base.

Military bases usually have a legal office where personnel can get notarizations executed during normal business hours.

Reply by kathy/ca on 12/8/07 10:31am
Msg #225032

I have done many on the local military base, must be checked

in at the gate, show ID, but never a problem with it.

Reply by CaliNotary on 12/7/07 2:11pm
Msg #224914

"The 2007 state handbook does not indicate any restriction but I want to clarify this as a "newbie" notary."

There's your answer. If it's not in the handbook then it's not notary law.

Reply by Gerry_VT on 12/7/07 5:09pm
Msg #224943

The present California Secretary of State seems OK, but some of the people who infested that office in the past were idiots (hence the pile of electronic voting machines that are just a pile of expensive junk). I wouldn't rely on that office to have not omitted something important.

Reply by CaliNotary on 12/7/07 9:34pm
Msg #224983

There's a new manual each year so what happened in the past wouldn't really affect the current manual.

And even if they did omit something important, then that means it's not notary law so it doesn't matter anyway. Once they discover the error and put it in the manual, that's when we'd have to worry about it.

Reply by Gerry_VT on 12/7/07 10:25pm
Msg #224999

Not really. Notary manuals are just summaries of the laws that the SOS thinks are important to notaries, and in some states, opinions or suggestions from the SOS. If the manual is wrong, and the notary relies on the wrong information, there is almost no chance that the notary would face criminal charges, or revocation of the notary's commission. But if some person or company suffered financial harm because of the incorrect action, the notary could still be sued in civil court, and only the real law would matter, no matter what the manual said.