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Posted by Tom/NJ on 4/14/09 1:32pm Msg #284903
Notarizing on Military Installations? Anyone?
I have four bases in my coverage area, however I was curious if anyone knew a ruling on this? Bases, unless a National Guard post, should be considered federal property. Not sure how much this would actually come up anyway, more curious than anything. Could not find anything on google or on this forum.
| Reply by Sylvia_FL on 4/14/09 1:39pm Msg #284909
I have done general notarizations on base when requested, but I am authorized on the base as my husband is retired military and there is a base sticker on the SUV. Otherwise you have to get authorization to go on base. Those living in base housing don't normally need an off base notary as there is often one on base through the legal office.
| Reply by Tom/NJ on 4/14/09 1:49pm Msg #284915
Okay but there is no problem with notarizing on federal government property? Wasn't sure if there was a catch there.
| Reply by Sylvia_FL on 4/14/09 2:08pm Msg #284919
You mean in base housing?? As long as you have been invited on to the base there should be no problem.
| Reply by Linda Juenger on 4/14/09 2:12pm Msg #284921
I live right outside Scott Air Force Base in IL. I have the borrowers come and meet me at the gate and sign me in. Never a problem.
My hubby hauls gasoline to the gas station on the base. Depending on if its raining or not or if its sunshine or not or what kind of mood they are in or who is new and who isn't, determines how long it takes to get him on base to deliver. He takes a load there everyday, sometimes twice. You think they would get used to him sometime. It is very unpredictable on their rules and regs. One day they swabbed his hands. He showed positive for an explosive. OK. They swabbed his steering wheel and seat. Both positive. OK. They then decide to swab the truck driver behind my husband who is also waiting to get on base. He is also positive for explosives. Ok. They now think the 2 truck drivers are in this together. lol They start swabbing themselves. They are also positive. Well, 2 hours later after they bring the dogs and a hundred guys they decide that the machine must be malfunctioning. Duh!!!!! He has many amazing stories he could tell you about getting on and off the base. I can certainly appreciate the need to protect and since 9/11 everyone's security has risen. That is understandable, but it gets really really ridiculous at times. It was very very hard for them to admit it was their problem.
| Reply by Tom/NJ on 4/14/09 2:36pm Msg #284928
I hear you..The base I work at is Fort Dix..You can google about the Fort Dix Six if you are unaware of that. Fall-out from that is it is sometimes difficult to get on base, especially if you don't have a military ID and base sticker.
I'm pretty sure those explosive testing kits are pretty unreliable..We used them overseas once and deemed them as being pretty worthless
| Reply by MW/VA on 4/14/09 2:14pm Msg #284922
Since you are military, you might also want to check with the legal office on the bases. They often have notaries available. Otherwise, as far as I know, it is still state jurisdiction for notarial acts. I often meet people off base here (Norfolk area), and some notaries can get on base.
| Reply by PAW on 4/14/09 2:27pm Msg #284926
Even though many military bases are under the control of the federal government, they are still within the confines and jurisdictions of state and county legislation. They are not treated as "foreign" soil like embassies and consulates may be.
Assuming you can get on base, your venue would still be the State and County the base is located within. Here in FL, it was suggested that when I do notarizations at MacDill AFB, that I include a notation within my certificate that the notarial act was performed at the base. Specifically:
State of FLORIDA County of HILLSBOROUGH (MacDill AFB)
When I lived closer to MacDill, I frequently did refinances and other estate planning and healthcare directives for service members and spouses living in base housing.
| Reply by Tom/NJ on 4/14/09 2:37pm Msg #284929
Okay thank you for clearing that up for me.
| Reply by Marian_in_CA on 4/14/09 3:52pm Msg #284939
Edwards AFB is right near where I live and I get a LOT of military calls. Thing is, each base will have at least one notary, but their office hours tend to be limited. It is possible to go on to base to do a notarization, but at Edwards it's not easy. You have to be sponsored by someone and the process to get permission is often more trouble than it's worth, so it's best to just meet outside of the base.
One thing to know about notarizing jurats on Tribal Land or Military bases... at least in California... is that you ARE authorized to performed the notarization, but you have to add the location to the venue (Gov't Code 8203.5).
So if I were performing the notarization at Edwards, it would look like this:
---------------------------------------- State of California County of Kern, Edwards Air Force Base ----------------------------------------
Well... it might... depending on where I was standing at the time. See, Edwards AFB is in three different counties: Kern, Los Angeles and San Bernardino. Now how's THAT for confusing? Generally speaking, though... because most of the business offices at Edwards are actually in Kern County, that's the safest way to go.
And...not only THAT... but in California, notaries are NOT allowed to collect fees for their services performed on a base (Gov't Code 8203.6). Travel fees? Sure... but you can't charge the notarial service fee. You can, of course, if you meet them off-base and charge them.
So really... all around, it's easier to do it off base.
| Reply by Tom/NJ on 4/14/09 4:09pm Msg #284942
I see how that can be confusing determining which County you are located on. Most military bases cover so much land, it is easy for pieces of it laying in multiple counties.
| Reply by Sylvia_FL on 4/14/09 4:13pm Msg #284943
" but in California, notaries are NOT allowed to collect fees for their services performed on a base (Gov't Code 8203.6)."
Doesn't that mean notaries public APPOINTED to military and naval reservations.
1) Pursuant to Government Code section 8203.6, no fees shall be collected by notaries public appointed to military and naval reservations in accordance with 8203.1; 2) pursuant to Elections Code section 8080, no fee shall be collected by notaries public for verifying any nomination document or circulator’s affidavit; and 3) pursuant to Government Code section 6107, no fee may be charged to a United States military veteran for notarization of an application or a claim for a pension, allotment, allowance, compensation, insurance, or any other veteran’s benefit.
| Reply by PAW on 4/14/09 5:32pm Msg #284958
In my **personal** opinion, this section of the government code (CA only) does not apply. The code is for notaries that are "appointed" as notaries for the base. You need to read ALL the sections of GC8203, especialy .2, .3, and .4:
8203.1. The Secretary of State may appoint and commission notaries public for the military and naval reservations of the Army, Navy, Coast Guard, Air Force, and Marine Corps of the United States, wherever located in the state; provided, however, that the appointee shall be a citizen of the United States, not less than 18 years of age, and must meet the requirements set forth in paragraphs (3) and (4) of subdivision (a) of Section 8201.
8203.2. Such notaries public shall be appointed only upon the recommendation of the commanding officer of the reservation in which they are to act, and they shall be authorized to act only within the boundaries of this reservation.
8203.3. In addition to the qualifications established in Section 8203.1, appointment will be made only from among those persons who are federal civil service employees at the reservation in which they will act as notaries public.
8203.4. The term of office shall be as set forth in Section 8204, except that the appointment shall terminate if the person shall cease to be employed as a federal civil service employee at the reservation for which appointed. The commanding officer of the reservation shall notify the Secretary of State of termination of employment at the reservation for which appointed within 30 days of such termination. A notary public whose appointment terminates pursuant to this section will have such termination treated as a resignation.
8203.5. In addition to the name of the State, the jurat shall also contain the name of the reservation in which the instrument is executed.
| Reply by parkerc/ME on 4/14/09 6:16pm Msg #284975
I used to be a civilian employee on a military installation. While notary duties were not part of my job, I did frequently perform notarizations as a convenience to base personnel during my lunch time. Could not charge a fee, because that would technically be operating a personal business on a government installation (I also used to be an IG investigator, so definitely knew this!). They did have a legal office on base which had a civilian position who also was a notary, but use of that notary was limited to official military matters, so I was the second string. Since I retired, I have done loan signings in military housing on base, but I have a retired DoD civilian ID that I use to obtain a car pass for the base for that purpose.
| Reply by parkerc/ME on 4/14/09 6:21pm Msg #284978
Also, since I was not a military-installation commander appointed notary (not my job!), whenever I performed a notarization on base, I only listed the state and county as the venue . . . did not have to include the name of the installation since my commission was my own personal one and not installation-related/required.
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