Posted by lyndie on 6/15/12 2:47pm
Msg #423651

strange form - Issuance of Passport to a Minor

I have been asked to notarize a very strange form called "Statement of Consent...Issuance of a Passport to a Minor". It indicates a place for the signer to sign, taking a verbal oath that everything in the doc is correct and true. Then below it is a place for the notarization but no notarial language, just a place for notary to put their name, location, signature, and notary seal. I asked NNA about this, and they said this is one of those forms that we can do exactly that.....fill it out and stamp right over where it says "Notary Seal". But this goes against everything that is notary law....how can we stamp without proper notarial language? I would figure we would attach an acknowledgement, but NNA says no. Has anyone done one of these? I would love to hear your thoughts and expertise feedback.

Reply by jba/fl on 6/15/12 3:15pm
Msg #423658

Why are you asking NNA? You have your state authorities to give advice and direction....they should be your first choice for proper information. NNA is known to give bad advice.

Reply by Linda_H/FL on 6/15/12 4:05pm
Msg #423665

Agree with Julie - not to mention the answer is right in

your own post

"It indicates a place for the signer to sign, taking a verbal oath that everything in the doc is correct and true."

then

"I would figure we would attach an acknowledgement"

Why would you attach an ack when an oath has been taken...pages 11-12 of your handbook explain this.. http://www.sos.ca.gov/business/notary/forms/notary-handbook-2011.pdf

Reply by Yoli/CA on 6/15/12 5:21pm
Msg #423672

Lynde: Your first mistake was asking XYZ for advice.

As others have stated, they most often give out erroneous information. When in doubt, always first research in out Notary Handbook. (if you don't have one, print it out from the SOS website)

If that still doesn't answer your question, call the SOS. That Office is who issues our commission and has the power to suspend and/or revoke it.

As an aside, it's not up to the notary to decide whether to use a Jurat or an Acknowledgment. It's up to the hiring entity to tell the notary

Reply by SheilaSJCA on 6/15/12 5:50pm
Msg #423675

not a strange form at all

This is a very common form, and a common request, especially since we are now entering the summer travel season. The parent signing the form, is saying they will allow the minor to get a passport which will enable them to travel outside of the country. If both parents do not go to the passport office with the minor, than the parent not present- needs to complete and give this notarized form to the parent obtaining the passport. If both parents were not required to appear at the passsport office, then either one could easily get the passport and leave the country with no warning.
This way, both parents are consenting to the minors having passports, which will enable them to travel outside the country.
You are NEVER to stamp a form that says notary sign here, UNLESS it has acceptable notarial verbage along side it. You should go back and thoroughly review the notary handbook. This is basic notary know-how. You should have a hard copy or a PDF of the handbook with you at all times.

Reply by LKT/CA on 6/15/12 5:56pm
Msg #423676

http://docs.probusresearch.com/DS-3053.pdf

If I were notarizing the signature on this form in question, the oath statement in section 4a. tells me the doc preparer (the U.S. State Dept.) wants a jurat. Oaths go with jurats, not acknowledgments. I'd line thru section 4b. and write "See attached CA compliant Jurat, per CA Gov't Code 8202".

I usually only put "See attached compliant Jurat (or Ack)" but since the doc preparer is a gov't entity, I'd add in the gov't code for their reference.

Reply by Marian_in_CA on 6/15/12 6:24pm
Msg #423678

Done this one many times...

THe XYZ is full of nonsense in their response. You need to follow CA notary law, and there is no provision for federal forms that allow us to ignore it. I went round and round on this one...

This was brought up some time ago... see Msg #292274 where I posted about it.

Reply by Marian_in_CA on 6/15/12 6:29pm
Msg #423679

Let me add...

That this was in 2009. They have since changed the form and it now says to add additional pages if necessary in part 5, so my guess is that they aren't as anal retentive anymore about the additional pages. Whenver I see these now, I do as I described in my post from 2009... and I just use a jurat stamp in part 5 if there's room, and there usually always is.

Reply by lyndie on 6/15/12 8:03pm
Msg #423683

Re: Let me add...

Thank you all, and especially Marian who is in Calif, as I am. I clearly see now how you would notarize this in the #5 section: Statement of Special Circumstances, with a jurat. That's why I came here to seek advice, as I don't quite trust XYZ.
I always seem to find clarity here.

Reply by jba/fl on 6/15/12 8:33pm
Msg #423684

Re: Let me add...Your state manual will give clarity better

than a bunch of notaries sitting around the water cooler too, esp. when you consider that these answers are coming from all over the country, not just CA. Sometimes CA notaries don't get here until much later in the day and you might have taken someone elses word from FL or OH and been none the wiser.

Print it out - keep it with you. Use it.