Posted by Jana Miller on 9/9/13 11:43am
Msg #483735

FYI - for anyone who cares :).... Indian Reservation signing

So here is a copy of what the NNA rep sent me. So there ya go.
Hope everyone has a prosperous day today. Off and running!


Hi Jana

Thank you for your inquiry. You can go on an Indian Reservation and notarize for anyone as long as the reservation is within the boarders of California


Betty Pringle
Notary Consultant
Toll Free Hotline: 1.888.876.0827
818.739.4057 [e-mail address]

National Notary Association
9350 De Soto Ave. | Chatsworth, CA 91311-4926
www.nationalnotary.org

Membership | Compliance | Liability Protection | Risk Management | Professionalism | Growth Opportunities

Reply by kkat/IA on 9/9/13 11:49am
Msg #483736

I might have a little more faith in the opinion of the NNA if they could spell borders correctly.
And that is all they are offering, an opinion.
What can they cite that led them to this conclusion?

Reply by Jana Miller on 9/9/13 11:55am
Msg #483739

Buahauahauahaua!!!!!!! That's funny. I'm going to respond to her with it. I didn't even notice it.

But as for doing a notary on any of the reservations here in Cali, I think I will do them. I will keep this email for future reference.
Haha still laughing at "boarders"

Reply by Yoli/CA on 9/9/13 12:09pm
Msg #483743

I just emailed CA SOS for their ruling.

Will post when I receive response.

Jana: While I appreciate your enthusiasm, please keep in mind that the NNA is NOT the governing body for notaries - not in California nor in any other State of our Nation. They may render an opinion, which is probably not enforceable in a court of law. They don't, however, institute our rules and regulations. If you'll note, your Notary Commission is issued by Secretary of State - not by NNA. We are, therefore, under the jurisdiction of the SOS. Thanks for posting, though!

JMHPO

Reply by Jana Miller on 9/9/13 12:20pm
Msg #483745

Re: I just emailed CA SOS for their ruling.

Thanks Yoli,

I emailed SOS a week ago and no answer yet. Now I think I'm over it. LOL.

Thank you Yoli so much for being so sweet. I appreciate it.

Side note: I emailed NNA rep back and called her on the "boarder" spelling and she responded back and spelled it wrong AGAIN. God save us.... ha
Enjoy the day.

Reply by MW/VA on 9/9/13 2:00pm
Msg #483770

I agree with Yoli/CA. NNA is not a governing body, and

I've found that info provided by them is not always correct.

Reply by jba/fl on 9/9/13 12:15pm
Msg #483744

Ask Betty Pringle to send you some chips while she's at it.

Reply by Linda_H/FL on 9/9/13 12:00pm
Msg #483740

"So here is a copy of what the NNA rep sent me. So there ya go."

No, not 'there ya go" - consider the source and tread carefully.

I would contact the SOS and possibly CA Bureau of Indian Affairs (or the federal office if necessary) before I took the chance and relied on this information (especially, as said, when they can't even spell it right).

This skepticism is based on prior personal experience together with prior postings here.

JMO

Reply by Jack/AL on 9/9/13 12:22pm
Msg #483747

Doing notaries and boarders ......... Who is next? n/m

Reply by Notarysigner on 9/9/13 1:10pm
Msg #483759

Oh my!

This topic was being discussed on another forum, here is part of one sensible member's comment were, which really makes more sense then THAT comment by XYZ.

" Also, be aware that Indian tribes .. have their own tribal laws and may use tribal notaries rather than state notaries. They may have different laws . Some tribes have websites with their laws posted online, many tribes do not. The venue on a tribal document would read XXXXXX Nation, rather than State of XXXXXX, County of XXXXXXX.

Reply by JPH13/MO on 9/9/13 1:20pm
Msg #483763

Easiest to just have them go outside reservation! n/m

Reply by Notarysigner on 9/9/13 1:53pm
Msg #483766

Re: Easiest for who? n/m

Reply by Stoli on 9/9/13 1:44pm
Msg #483765

Indian Reservation signing

Here's a reference for Texas. It still doesn't look like a definitive answer. I'll keep looking for a California ruling:

28.Does a Texas notary public have jurisdiction on a U.S. military base or Indian reservation?

Maybe not. Texas notaries have statewide jurisdiction. Gov’t Code § 406.003. Accordingly, a Texas notary does not appear to be authorized to take an oath or acknowledgement, or perform any other notarial act, on a federal enclave or an Indian reservation. See Tex. Atty. Gen. Op. JC-0390 (2001) (finding that engineers practicing on a federal enclave are not required to be licensed in Texas). Some, but not all military bases are federal enclaves. To find out if a particular military base is a federal enclave, start your search by emailing us to find out if we have record of a deed of cession.

Reply by HisHughness on 9/9/13 2:03pm
Msg #483772

Yeah, I saw that Texas SOS FAQ

In fact, when I queried the Texas SOS, that's what they sent me. My reply was:
"Thank you for your response to the question of whether Texas notaries public can notarize on the Alabama-Coushatta Reservation. Unfortunately, your response is of limited assistance. To suggest that a notary public consult with an attorney to ascertain whether to proceed with a $6 notarization is, to put it charitably, ludicrous. Suggestions such as that give even idiocy a bad name."

There are two problems with the response: (1) The only reservation in Texas was created by the state, not the federal government, so there is a question whether it is a federal enclave; and (2) I have never met an attorney who knew more about the notary public business than the average competent signing agent.

I have written the Tribal Council of our reservation to see what it has to say, but have not received an answer.

Reply by Stoli on 9/9/13 1:55pm
Msg #483767

Well, this is as clear as mud---from Minnesota

Don't you just love the words, 'may and maybe'?

Myth 1
A notary can notarize anywhere in his or her state.
Maybe not! Notaries in some states MAY NOT BE authorized to take an oath or acknowledgement or perform any other notarial act on a federal enclave or an Indian reservation. (Some military bases are federal enclaves.)

Reply by Chakwaina on 9/9/13 2:54pm
Msg #483778

I would be asking the SOS and the Tribal Counsel.

I am a card toting Indian and would never set foot on another Tribe's Land and do anything "official" without permission from Counsel.

Reply by LKT/CA on 9/9/13 5:55pm
Msg #483823

I agree with JPH13/MO

Folks are leaving reservations to buy cars, they can leave the reservation to get signatures notarized - on the land called "California".......at Starbucks or McDonalds....either of those places will be on every other corner, if not *every* corner. JMHO

Reply by Darlin_AL on 9/9/13 7:19pm
Msg #483838

All military bases in USA are Federal Property

aka no state, local taxes on products sold in the installation, to include tobacco and alcohol...that's why we're limited to purchase merely 10 cartons of cigarettes and only 10 cases of beer at one time. (Please don't beat me up on any rules that may have changed in the last 5 years; I don't smoke or drink beer.) All sorts of military ranks can act as notaries, commanders, judges, etc, for active-duty military personnel, according to Google!

Reply by James Powell on 9/10/13 7:19am
Msg #483899

You may be better served by contacting your local office of the Bureau of Indian Affairs (BIA).

http://www.bia.gov/WhoWeAre/RegionalOffices/index.htm

From their website:

" A federal Indian reservation is an area of land reserved for a tribe or tribes under treaty or other agreement with the United States, executive order, or federal statute or administrative action as permanent tribal homelands, and where the federal government holds title to the land in trust on behalf of the tribe."

"Other types of Indian lands are:

Allotted lands, which are remnants of reservations broken up during the federal allotment period of the late nineteenth and early twentieth centuries. Starting with the General Allotment Act in 1887 (also known as the Dawes Act) until the Indian Reorganization Act of 1934, allotments were conveyed to members of affected tribes and held in trust by the federal government.

Restricted status, also known as restricted fee, where title to the land is held by an individual Indian person or a tribe and which can only be alienated or encumbered by the owner with the approval of the Secretary of the Interior because of limitations contained in the conveyance instrument pursuant to federal law.

State Indian reservations, which are lands held in trust by a state for an Indian tribe. With state trust lands title is held by the state on behalf of the tribe and the lands are not subject to state property tax. They are subject to state law, however."

"Because the Constitution vested the Legislative Branch with plenary power over Indian Affairs, states have no authority over tribal governments unless expressly authorized by Congress. While federally recognized tribes generally are not subordinate to states, they can have a government-to-government relationship with these other sovereigns, as well."

It would be best to check on a tribe by tribe basis.