Posted by trnsa_IL on 8/28/09 8:16pm
Msg #302205
Just to clarify.......not to beat a dead horse...........
I received a call tonight to notarize an I-9 form. Then I printed the form and the instructions and found out what I was really being asked to do....
Verify ID for a person; have them fill out section 1 of an I-9 form and sign it.
Fill out section 2 of the I-9 myself, sign it and then notarize it(which I have a problem with first of all), attaching an all purpose acknowledgment.
I read the form carefully and called the SS back to verify what I was being asked to do.
The SS insisted this is okay for me to fill out, sign, and notarize because I am acting as the employers representative(employer never called me and told me that). They stated that they do lots of these
I did not agree because of the specific wording in section 2 (employer, which I am not) and in the certification part of section 2 I would be attesting not just that I viewed the ID but the employee's employment start date(which I cannot do because I do not know)!!!?????
We discussed this as well as the conflict of signing, attesting, and notarizing. We could not agree and I turned it back.
Then I came here and searched the threads on this subject and while I found quite a few threads only 2 came close to the info I was searching for:
Posted by Marian_in_CA
Msg # 292272 (abridged)
"HOWEVER... if they want you to sing the form as the person's employer, that's a bit different.
The only way you should complete section 2 is if the employer has contacted you directly and asked you to complete it as their representative. You should be compensated for them for this service and get the details of the job in writing for your records. In this case, you would not be completing the form as a notary, but as a representative of the employer."
I complete I-9 forms ALL THE TIME... but never as a notary. I always do it as a representative of the employer. I have notarized two I-9 forms, though... on just section 1. These were both cases where the employer verified the Social and eligibility to work electronically and the employee was FedExing their ID document (from list B) to the employer for review. My job was to simply notarize the signature in part 1."
Posted by RickG/CA
Msg # 281788
"Questioning why you are involved?!?!
This form is to be completed by
(1) an employee (and/or preparer) who attest to his/her eligibilty to work in the US and,
(2) an employer (or authorized representative) who attest to examining the ID presented.
What part are you?"
Thanks, Marian; and, Rick, that was what I was thinking!
I also asked the SS why this can't be sent to this person's employer? Why would they want me to fill it out, sign it, and attest to employment date which I know nothing about?
I have no problem verifying ID, witnessing their signature after they complete section 1, leaving section 2 blank, and notarizing an APA, but not all of the above.
Am I missing something here?
Would you have done what I was asked to do, and if you please, why or why not?
Thanks in advance! I have to go work at my aunt's house (we are moving her to assisted living) so I'll check back later.
Thanks Again,
Tonya
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Reply by Linda_in_MI on 8/30/09 7:26am
Msg #302298
There has been a discussion of this topic within a group on LinkedIn that I subscribe to. The situation in the group discussion was a HR relocation company based in WA was contacting a notary in AL to act as a agent of the company so that future employees who live in AL and whoh would be working in AL (think remotely from a corporate office) could have their I9 completed BEFORE starting work.
The short answer to your question that was presented in the group is that you are not notarizing anything. You are simply acting in a capacity as an agent of the employer, doing what notaries are known for: confirming the identity of the person presenting the document, confirming the documentation they have, and watching them sign. Think about it. There is no notarial language on the I9. By you selecting an acknowledgment versus a jurat, you are determining what notarial language is needed. I don't know about you, but that sounds like it crosses a line that most notaries don't want to cross.
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Reply by trnsa_IL on 8/30/09 12:29pm
Msg #302312
Re: Just to clarify.......not to beat a dead horse..........
While I agree with your assessment, I was specifically asked to notarize this I-9, and the ack was provided along with the form. The only decision I made was not to do it. If it had been presented as in the discussion you describe I would not have had an issue with it. I was asked to complete section 2, sign the certification in section 2, and then notarize the signatures using the provided APA.
The situation I was presented with was different from the ones noted in earlier discussions on this forum.
Thank you and Dick for your replies.
Tonya
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