Posted by Charles_Ca on 2/3/09 6:41pm
Msg #276455
US Department of State and CA CA 1189c
Most notaries would agree that to be able to notarize a document in the State of California there are only two forms available: the acknowledgement and the jurat, yes? No! The other day I had a request to notarize a US Department of State Form DS-3053 authorizing a passport for a minor. The form had language that was not acceptable in the State of California so I attached a loose certificate. The State Department rejected the form for an incorrect notarization. I had a long chat with the Department of the CA SOS and they swore up and down that it had to have either one of the two forms in the prescribed language or it would be an illegal notarization. However if you read CA CV 1189c it appears that forms of other jurisdictions, and the State Department is another just such jurisdiction, their forms can be notarized using their language. What say ye?
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Reply by Marian_in_CA on 2/3/09 7:47pm
Msg #276462
CA Civil Code 1189 doesn't apply because that involves acknowledgments, not jurats. The DS-3053 is a sworn statement. Or at least, that's what I was told by the Dept. of State.
It was likely rejected because you added a loose form. The Dept. of State does not like additional forms on the paper and they will reject it. Basically, for DS-3053, on the first page, they said to fill everything, as requested... including your signature, but do NOT seal. Simply write, "See section 5 on page 2 for more details." underneath the words, "Notary Seal". Then in the "Continuation of Special Circumstances" box on the second page write, "Per California Government Code 8202, the following notarial wording is required for all sworn statements in California..." and then use a jurat stamp or hand write the wording. Just make sure to keep it contained in the "Continuation of Special Circumstances" box on the second page.
I called the Dept of State and SOS about this not too long ago, and that was what they told me to do. It was difficult explaining it to them, but when they finally understood... they told me to make sure that the notes include a reference to the specific Gov't Code and make sure not to attach a loose certificate. That's what I was told... now, people at the acceptance agencies might get their undies bunched up over it, but they shouldn't if you document and are clear in why you're doing what you're doing.
Here are my notes from this back in October:
"On a side note... and I'm not sure we can even remind them to do this... but the lady at the state department said to make sure the absent parent (the one getting the signature notarized) also sends a clear photocopy of the ID that was used for the notarization with the form. They don't need a certified copy... just a photocopy for comparison to the notary's details. She did say, though, adding an affidavit by Document Custodian on the copy of the license is acceptable, but not required. But, it's not like we can openly offer that information to them...and she understood that.
She also told me that that state department is aware of various state and international notary laws and that she gets this question about twice a day. As long as the notary's details are written down and it is clear what they've done... the application shouldn't be rejected."
Note the acknowledgments are covered in the Civil Code... and jurats in the Government Code. It's no wonder notary law confuses people since the laws the pertain to our work are spread out in various bits of laws all over the state.
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