Posted by BrendaTx on 7/15/12 11:04am
Msg #426922

NY Notaries...New law help requested.

I cannot find anything on this to give me the full story. I have searched until I'm nuts. I refuse to join the newspapers to get this info. Went to NY gov site, but cannot figure it out.

Since it is called a rule and not a law, I don't think it is legislative history.

Help.

By Todd Etshman
Posted: 7:00 pm Mon, July 9, 2012

The New York Department of State announced a new rule in Notary Public License Law last week designed to prevent non-English speaking notaries from misidentifying themselves as attorneys or immigration professionals who can provide legal advice. The rule requires that foreign language notary advertising contain information indicating that the non-attorney notary is not licensed or permitted ...

Reply by BrendaTx on 7/15/12 11:05am
Msg #426923

Should be NY Notaries...New RULE help requested. n/m

Reply by HisHughness on 7/15/12 11:24am
Msg #426924

No estoy un Notario Publico. Estoy Justa Notary. n/m

Reply by Yoli/CA on 7/15/12 11:38am
Msg #426925

Notaries don't have to speak English in NY??? Wow!

Reply by Clem/CA on 7/15/12 3:25pm
Msg #426949

Notaries don't have to speak English in NY??? Wow!

The USA does not have an official language, something I think should change, but that's just me. I may be wrong, but I think the requirement is that you speak the language of the person you are notarizing, not that you are bilingual.

Reply by MikeC/TX on 7/15/12 5:00pm
Msg #426954

No, they have to speak English. The article was poorly worded; the new rule is meant to force bilingual non-attorney notaries to state in any advertising - both in English and whatever other language the provide services for - that they are not attorneys and cannot offer legal advice or services.

It was becoming an issue in NY because there are a large number of ESL communities, especially in the NYC area, and not just Hispanics. The area where I lived on Long Island had very large Korean and Hispanic communities, parts of Brooklyn are almost exclusively Russian, etc. These folks don't always understand that the function of a notary is different here, and they were getting lured into all sorts of immigration scams. There was one guy on LI who was getting $3K or more a pop to handle immigration papers, and he was "just a notary"...

The new rule is intended to put a stop to that.

Reply by Clem/CA on 7/15/12 5:42pm
Msg #426959

Am I missing something here? I don't see language as a requirement.


http://www.dos.ny.gov/licensing/notary/notary_faq.html#1

What are the requirements to be a Notary Public?

Notaries Public are "commissioned" (i.e., licensed) by the Secretary of State. An applicant for a notary public commission must submit to the Division of Licensing Services an original application and $60 fee. The application includes an oath of office, which must be sworn and notarized. In addition to the application form and fee, the applicant must submit a "pass slip" showing that he or she has taken and passed the notary public examination. Examinations are regularly scheduled throughout the state. An individual who is currently a member of the New York State Bar or a court clerk of the Unified Court System, appointed to that position after taking a Civil Service promotional examination in the court clerk series of titles, while not exempt from the application fee, may be appointed a notary public without an examination. The term of commission is four years. Every person appointed as notary public must, at the time of his or her appointment, be a citizen or permanent resident alien of the United States and either a resident of New York or have an office or place of business in New York State.

Reply by MikeC/TX on 7/16/12 2:56pm
Msg #427040

You're not missing anything - they have to speak English because both the manual and the test are only available in English. How could they take and pass the test unless they spoke English?

Reply by Linda_H/FL on 7/15/12 1:31pm
Msg #426931

Sent you a message through FB..does this help?

http://www.dos.ny.gov/licensing/lawbooks/notary.pdf

Section 135-b

Reply by BrendaTx on 7/15/12 1:46pm
Msg #426933

Re: Sent you a message through FB..does this help?

A questionable source mentions a means by which this will be accomplished.

Looking for info on that.

Reply by Notary1/CO on 7/15/12 2:02pm
Msg #426937

http://www.nationalnotary.org/bulletin/bulletin_articles/new_york_enacts_sweeping_nonattorney_notario_disclaimer_law_to_protect_consumers.html

Reply by VT_Syrup on 7/15/12 2:56pm
Msg #426943

A law was passed back in 2011 prohibiting advertising by non-attorney notaries public in a foreign language in ways that might make consumers think the notary had powers similar to civil law notaries. The Secretary of State was directed to make rules to fill in the details. A rule has been proposed, and apparently is open for comment. It an announcement of the rule may be found here, but does not contain the text of the rule:

http://weblinks.westlaw.com/result/default.aspx?action=Search&cfid=1&cnt=DOC&db=NY-ADR&eq=search&fmqv=c&fn=_top&method=WIN&n=1&origin=Search&query=notary+public&rlt=CLID_QRYRLT1770294114157&rltdb=CLID_DB035994114157&rlti=1&rp=%2Fsearch%2Fdefault.wl&rs=GVT1.0&service=Search&sp=nyreg-1000&srch=TRUE&ss=CNT&sskey=CLID_SSSA3037594114157&vr=2.0

The text of the proposed rule may be found here:

http://www.dos.ny.gov/info/register/2012/jul3/pdfs/appendix.pdf

The rule gives particular foreign words to avoid. Also, since the non-attorney notary is required to include a disclaimer in non-English advertisements that he/she is not an attorney, can't give legal advice, etc., the rule provides translations of the disclaimer in several languages.

Reply by BrendaTx on 7/15/12 3:11pm
Msg #426946

Thanks...helpful info. n/m