Posted by Lynne/OR on 3/26/10 1:39pm
Msg #329091

Notarizing a document that is in a different language

I got a call from a woman who needs a document signed to get a new passport issued. The document is in Bulgarian. I have never been confronted with a situation like this...is there any legal issues I should be aware of?

Reply by OR on 3/26/10 1:50pm
Msg #329094

Re: Oregon Rules on pg 51

Says if you cant read the document then you are not allowed to notarize a signature for that document. Because it may contains instructions you will not be able to read either, so you will not know how to do a correct notarization. In a nut shell. Sure wish any of my docs would get in soo.

Reply by Sylvia_FL on 3/26/10 2:03pm
Msg #329096

Re: Oregon Rules on pg 51

Actually it only says that the Secretary of State recommends you don't notarize:

"It is for these reasons that the Secretary of State recommends that a notary public should not notarize a document written in a language they can not read nor use a notarial certificate written in a language that they can not read."

Doesn't actually forbid it.

Reply by PAW on 3/26/10 2:15pm
Msg #329099

Re: Oregon Rules on pg 51

Agreed that the notary does not need to read or understand the language the document is written in. It is the signature of the signer that is being notarized, not the content of the document. In Florida, the notary certificate must be in English, and I personally think that even on foreign documents, if the notarization takes place in the US, then the certificate should be in English, regardless of the state the notarization takes place in. Given that, unless specifically prohibited, it would simply be a matter of ascertaining what type of notarization should be applied, taking an acknowledgment or giving an oath, and supplying the appropriate notarial certificate. Of course, a dialog must exist between the signer and notary to ensure the document is complete and the signer understands the document and provides the notary with the type of notarization.

Reply by Roger_OH on 3/26/10 2:19pm
Msg #329104

Exactly! You said it better than I did... n/m

Reply by OR on 3/26/10 2:37pm
Msg #329114

Re: Sylvis is correct ....However the reason

State recommends that a notary public should not notarize unless you can read it. Because there may be instructions to the Notary that she cant read.

Reply by Roger_OH on 3/26/10 2:42pm
Msg #329115

Re: Sylvis is correct ....However the reason

My point is that your state's instructions trump any that would be on the document, so just do it the way you normally would for any doc.

Reply by Roger_OH on 3/26/10 2:12pm
Msg #329098

Help me understand this logic...

Isn't a "correct" notarization certificate/format whatever your state dictates? Since we notarize signatures, not documents (and we only "scan" for blank spaces), I'm curious why would it make any difference what language the doc is in?

As long as there are no blank spaces, and the signer is willing to execute it after being ID'd, I don't see why the service couldn't be provided, using a loose cert if necessary. Wonder why Oregon is that way? Anyone else have state prohibitions like this?

Reply by PAW on 3/26/10 2:16pm
Msg #329102

Re: Help me understand this logic...

See my other response in this thread. I think there is a couple of states that explicitly prohibit the notary from notarizing is the document cannot be read and understood by the notary and the signer.

Reply by Sylvia_FL on 3/26/10 2:19pm
Msg #329105

Re: Help me understand this logic...

Yes, we notarize signatures not documents.
Oregon doesn't say the service can't be provided, but the Secretary of State recommends that if the document is in a language you don't understand then don't perform the notarization. They do suggest a notary who understands the language can perform the notarization.

Reply by Notarysigner on 3/26/10 1:54pm
Msg #329095

Re: maybe this will help...



http://www.sos.state.or.us/corporation/forms/pdf/notary_guide/1500.pdf

Reply by jba/fl on 3/26/10 3:12pm
Msg #329127

She may need to go to a consulate office.

http://www.consulbulgaria-ny.org/passports.htm

It is in Bulgarian, but gives info on passports. That may have to be her starting point.