Posted by Frenchie/TN on 10/4/07 1:04pm Msg #214761
Notarize a paper in Russian Language
I was asked a few days ago to notarize a paper that was all in Russian. I could not even tell whether or not there was a notarial certificate. I refused the notarization explaining to the lady I could not notarize something I could not read. I saw her today and she says she went to a bank and a notary there put his notary stamp on the form, no questions asked??? I was flabbergasted.
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Reply by lubi on 10/4/07 1:11pm Msg #214764
You cann't notarize documents if you don't understand. I think she needs to ask for official Russian translator to translate doc to the English language and than you can do something. But for example, if it's birth certificate you cann't notarize it, it needs to have Apostile. I know it because I did it before and I understand Russian, but I am not authorize to put my stamp that it needs other requirements, for example in my country only lawyer and his/her employee work as notary, because of different law in civil law countries.
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Reply by Charles_Ca on 10/4/07 1:16pm Msg #214766
Lubi, I am fluent and literate in Russian, so I can notarize
but if you read up the rules carefully you can not utilize the services of a translator becasue you do not know if the translator translated it correctly. Also if you notarized a form translated into another language would it be acceptable in the jurisdiction requiring it? You have no way of knowing but the chances are that the organization will wnat their own form.
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Reply by Sylvia_FL on 10/4/07 1:21pm Msg #214770
Re: Lubi, I am fluent and literate in Russian, so I can notarize
Charles Lubi is in Florida where we can use a translator.
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Reply by Charles_Ca on 10/4/07 1:31pm Msg #214774
Thanks Sylvia, that is the pitfall of not checking the State
the poster is from. Do you use a translator whos is certified insome way in Florida. Without some assurance that the translation is accurate and the verbiage acceptable to the jurisdiction requiring the document wouldn't it be very difficult to actually notarize it. I'm curious about the reasoning and mechanics for allowing notarization of translated documents. I guess you do so by notarizing that the signature is that of the signer. Is the Notary supposed to know what they are notarizing in Florida or is the document irrelevant?
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Reply by Sylvia_FL on 10/4/07 2:11pm Msg #214787
Re: Thanks Sylvia, that is the pitfall of not checking the State
Contents of the document are not the concern of a notary. The translator does not have to be a certified translator. A friend of the signer who understands the language can verbally translate the document for them if they like. On the notary certificate I would add : "I further certify that the nature and effect of the document was translated for (name of signer) by (name of translator) prior to notarization.
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Reply by lubi on 10/4/07 1:22pm Msg #214771
Re: Lubi, I am fluent and literate in Russian, so I can notarize
I don't have good knowledge of this subject. I am giving you my opinion and I did one time birth certificate. It needs to be translated to the language and then notarized. Maybe it's different here. But I will never notarize if I don't understand the documentation.
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Reply by Charles_Ca on 10/4/07 1:33pm Msg #214776
The difference is in the laws of the different States
I am sure that Sylvia is correct, I should have checked to see what State you are from, I have no idea what the laws are in Florida.
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Reply by Sylvia_FL on 10/4/07 2:14pm Msg #214791
Re: Lubi, I am fluent and literate in Russian, so I can notarize
"A notary public may NOT make a certified photocopy of a birth certificate, whether it was issued in Florida, another state, or a foreign country. Birth certificates are official records and certified copies may be obtained from the public official who is the custodian of the records"
We are also not allowed to notarize birth certificates from any country.
Lubi - be very careful you don't put your commission in jepoardy.
As a Certified Notary Instructor I went over all these things thoroughly with the classes I taught.
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Reply by Sylvia_FL on 10/4/07 1:20pm Msg #214769
Lubi Please read the Florida Governors reference manual!
The notary does not need to understand the document. As long as the signer understands what they are signing and you can communicate with the signer, and there is a proper notary certificate on it you can notarize. If there isn't a certificate (or it is in the foreign language) ask the signer which certificate he/she wants - acknowledgment or jurat and attach one and notarize.
We cannot notarize birth certificates for any language.
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Reply by Linda_H/FL on 10/4/07 1:27pm Msg #214773
Re: And no matter WHAT the language of the document
the notarial certificate must be in English (in FL at least)...
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Reply by Charles_Ca on 10/4/07 1:35pm Msg #214779
Hopefully someone in TN will give Frenchie the information
needed.
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Reply by Linda_H/FL on 10/4/07 2:20pm Msg #214796
Re: Note she is "Frenchie/TN" of NC... n/m
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Reply by Charles_Ca on 10/4/07 2:24pm Msg #214799
This is much too confusing, I quit! At least I knew it was a
she, I got that much right! 
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Reply by Linda_H/FL on 10/4/07 2:28pm Msg #214801
Re: ROFL...it's okay - I just checked her profile..
she's in TN..<G>
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Reply by Charles_Ca on 10/4/07 2:29pm Msg #214803
I know, you were just messin' with me, its not nice to pick
on the handicapped you know 
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Reply by Charles_Ca on 10/4/07 2:28pm Msg #214802
Wait a minute Linda, her profile says Knoxville TN, there,
I'm vindicated. I thought I was starting to experience my senility!
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Reply by Linda_H/FL on 10/4/07 2:35pm Msg #214807
Re: I shall not comment Charles- my welcome back gift..:) n/m
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Reply by Charles_Ca on 10/4/07 2:42pm Msg #214808
TY Linda, see not every on here is mean :) n/m
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Reply by Phillip/TX on 10/4/07 2:44pm Msg #214809
Re: TY Linda, see not every on here is mean :)
I am not mean either!! LOL
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Reply by Sylvia_FL on 10/4/07 2:47pm Msg #214812
Re: Wait a minute Linda, her profile says Knoxville TN, there,
"I thought I was starting to experience my senility"
Hmm I think I will sit on my hands LL <jk>
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Reply by Charles_Ca on 10/4/07 3:46pm Msg #214829
Between sitting on your hands so as not to type the
other day and now this, at least your hands are warm 
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Reply by lubi on 10/4/07 1:37pm Msg #214781
I would like to know if she will take this documentation to Russia if it will be acceptable? With U.S notary stamp?
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Reply by Sylvia_FL on 10/4/07 1:59pm Msg #214784
That is not our problem, as long as we notarize according to our laws. If she needs an apostille she will have to contact the Apostille division of the SOS office.
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Reply by LJ on 10/4/07 2:13pm Msg #214789
In IL, I can notarize in a language I cannot read as long as the Notarial wording is in a language I Can read (in my case English only). However, under no circumstances should a notarization be performed if the Notary and the signer cannot directly communicate in the same language.
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Reply by Sylvia_FL on 10/4/07 2:16pm Msg #214792
That is correct here, one needs to be able to communicate with the signer.
All notary certificates in Florida (and I believe all states) should bein English.
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Reply by Phillip/TX on 10/4/07 2:18pm Msg #214794
That is the way it is in Texas Sylvia, must be in English.
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Reply by Frenchie/TN on 10/4/07 2:18pm Msg #214793
Well, that was very informative you all!!! I did not do the notarization but I will check with my SOS to see what I should do next time around. The lady did speak english albeit not very well but enough that she probably could have conveyed the gist of the document. Anyway, Thanks to all.
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Reply by SharonMN on 10/4/07 2:22pm Msg #214798
I totally agree with Sylvia. You don't need to be able to read the document* and no translation is necessary. All you need to be able to do is ask the signer whether they want an ack or a jurat, determine they are competent and not being coerced, watch them sign (or acknowledge their signature), and adminster the oath (if jurat). Attach your normal certificate in English.
It's also not your job to figure out whether the document will meet the requirements to do whatever the signer is trying to do. The signer needs to know that, or the signer should get advice from a lawyer or consul or other official.
* Now that I think about it, does there even need to be a document? If Shaquille O'Neal came to me and acknowledged a signature he made on a basketball, I could probably do an ack for him.
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Reply by Linda_H/FL on 10/4/07 2:34pm Msg #214806
"* Now that I think about it, does there even need to be a document? If Shaquille O'Neal came to me and acknowledged a signature he made on a basketball, I could probably do an ack for him."
We can't do that here in FL...
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Reply by Sylvia_FL on 10/4/07 2:45pm Msg #214810
""* Now that I think about it, does there even need to be a document? If Shaquille O'Neal came to me and acknowledged a signature he made on a basketball, I could probably do an ack for him."
We can't do that here in FL..."
Hmm that raises an interesting question. Nowhere does it say a certificate has to be on paper LOL
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