Posted by BrendaTx on 3/10/12 8:24am
Msg #414497

Hugh was right. Foreign Documents/Certificate Language

Awhile back, Hugh was quite adamant that he could notarize a document that did not have an English certificate as long as he knew what the certificate said.

The thread begins with Msg #409720.

I said I would look into it and get back with the board to get the right answer for Texans.

Of course, I, who suffers from YM-AWS (youthful middle-aged woman syndrome) promptly forgot until I ran into this last week.

Here is the official ruling from the Texas Authentications Unit (the unit that issues Apostilles/Certificates of Authenications):

"There is no requirement that a notarial certificate be in English. The certificate must be in a language that the notary understands and can read because the notary must make sure that the statements in the certificate are an accurate representation of the notarization performed."

I had outlined the following and the Authentications Office agreed with my procedures.

If there is no certificate, allow the signer to pick the type to be attached.

Ask the signer if they are able to read and understand the purpose of the document. If yes, perform the normal verbal ceremony.

Complete the notarization.

Reply by FlaNotary2 on 3/10/12 9:15am
Msg #414499

Wouldn't fly in Florida n/m

Reply by BrendaTx on 3/10/12 9:33am
Msg #414501

Re: Wouldn't fly in Florida

*I said I would look into it and get back with the board to get the right answer for Texans.*

Right...this info is for Texans.

Reply by GOLDGIRL/CA on 3/10/12 11:43am
Msg #414505

No-go in CA, too

The SOS's office, in its one-every-three-years newsletter, addressed this issue earlier this year, saying notarial certificates must be in English. Why Texas would allow acks in Swahili or Swedish is verrrry interesting. I guess we'd have to ask the governor!

Reply by ArtG/KS on 3/12/12 9:51am
Msg #414573

Re: No-go in CA, too

I will add that in Kansas we cannot use the spanish or any other language stip for "natary public". Therefore in most states the notarial certificate must be in English and the subsequent "apostille" takes care of the language requirement if there is one.