Posted by SOCAL/CA on 2/15/10 2:10pm
Msg #322890

Request for notary service

I received this request: "Please have the area notarized where your signature is on the passport - that portion of the copy that has your signature needs to be notarized"

Anyone have an idea what this customer is requesting? I passed on this one. TIA

Reply by LKT/CA on 2/15/10 3:26pm
Msg #322899

<<<I received this request: "Please have the area notarized where your signature is on the passport - that portion of the copy that has your signature needs to be notarized"....Anyone have an idea what this customer is requesting? I passed on this one. TIA>>>

I would ask the customer if there was someone he could call to get clarity. If he/she couldn't reach anyone, I would follow my interpretation of the directions. If I misinterpreted the needs of the customer of doc originator, I would redo the notarization at no charge. I would have interpreted that statement to mean that the doc originator wants the passport signature *emphasized* in the notarization.

Usually, the customer or doc originator doesn't really know what they need or what Notaries are allowed to do. When the directions are unclear and the customer cannot reach anyone by phone for clarity, I ask the customer if they'd like to postpone the appointment to get clarity. Usually they say NO, they need it notarized now. Then I tell the customer that based on the directions given, here's how I interpret those directions and here's what I can legally do. If the request was completely different from my interpretation, the customer can call me and I will take care of it at no charge.

Reply by SheilaSJCA on 2/15/10 7:07pm
Msg #322930

Lisa, I think you might want to re-think your policy on interpretation. You should be doing no such thing, IMHO.
Let the customer interpret and decide. Then if they are wrong, the can have it re-done at their expense.
Why would you even put yourself in such a position as to give "wrong" info that you now have to cover at no cost? I don't get it...

Reply by LKT/CA on 2/15/10 9:46pm
Msg #322945

<<<Lisa, I think you might want to re-think your policy on interpretation. You should be doing no such thing, IMHO.>>>

Why?

Reply by SheilaSJCA on 2/16/10 10:24am
Msg #322989

Why? UPL?

Because you could be construed as practicing law...you already said you are interpreting the instructions, and advising the customer how to proceed.
Beyond explaining the difference between an acknowledgement and a jurat, you are walking a very thin line . Why open yourself up to a possible legal mess? Your wrong interpretation could result in more than a free re-do.
If they are unwilling to decide for themselves, or consult the doc issuer/requester for what type of notarization is needed, then your job is done.
It is not up to you to figure it out. Unless you are a lawyer, you at this point are; "just the notary".

Reply by LKT/CA on 2/16/10 12:49pm
Msg #323002

Re: Why? UPL?

<<<Because you could be construed as practicing law...you already said you are interpreting the instructions, and advising the customer how to proceed.>>>

I already knew that's what you were getting at. I just wanted you to say it. Disagree that it's UPL - I am not interpreting the document content, I am interpreting the "request" from the customer.

<<<It is not up to you to figure it out.>>>

It most certainly is up to me to figure out the *request* he/she is asking me, so that I can decide if the request is feasible. There's no legal mess to get into if my interpretation is wrong, as notarizing a signature for a document doesn't make the document legal anyway. It only means the signer appeared before me, was identified, and signed in my presence.

I network with five attorneys - family law, probate, real estate, criminal defense, and general practice. If I need an attorney, I have five people to choose from.

Reply by SheilaSJCA on 2/16/10 10:28am
Msg #322990

"I would have interpreted that statement to mean that the doc originator wants the passport signature *emphasized* in the notarization. "

How would you *emphasize* the signature in the notarization? Signatures are what we notarize, not sure how you would *emphasize" one...

Reply by LKT/CA on 2/16/10 1:07pm
Msg #323004

<<<How would you *emphasize* the signature in the notarization? Signatures are what we notarize, not sure how you would *emphasize" one...>>>

From the OP: <<<I received this request: "Please have the area notarized where your signature is on the passport - that portion of the copy that has your signature needs to be notarized">>>

Since we notarize signatures to statements, the request - as it stands cannot be completed. We cannot place our seal next to the passport signature on a photocopy. We cannot stamp our seal only a photocopy of a driver's license, or any other ID.

A statement would have to be written about the photocopy of the ID, then the customer's signature is notarized to their *statement*. Then our signature and seal on an ack or jurat goes UNDER that. Because the requester wants the *emphasis* on the signature - as indicated in the OP's post, a statement must be written about the signature: ***The customer must find out from the doc originator what is to be said about the signature.***

What is EVER said about a photocopy of an ID? Answer: That it is a true an exact copy of the original and/or belongs to Jane Jones.

Sheila, I'm confident in my work and decisions. If ever an issue comes up because of it, I have attorneys to consult....AND....I'll remember that you warned me <smile!>

Reply by SheilaSJCA on 2/16/10 7:16pm
Msg #323067

Heres a smile back! Just looking out for my fellow notaries!

Reply by LKT/CA on 2/16/10 8:30pm
Msg #323076

<<<Heres a smile back! Smile Just looking out for my fellow notaries!>>>

Thanks...I do appreciate your concern.

Reply by CopperheadVA on 2/16/10 5:43am
Msg #322963

Sounds to me like they are asking for a certified copy of the passport signature page. I know this is not allowed in some states, but here in VA it is allowed, according to the Sec. of State.