Posted by Jana Miller on 9/1/13 8:05pm
Msg #482887

Indian Reservation notarizations

Received a call earlier today from a car dealer who sold a car "to an Indian dude" (I kid you not that is what he said) and it needed to go to another city but paperwork needed notarized first. I would meet him on the reservation. I honestly did not know if we could do that or not. I looked up some info but got mixed answers. He called back and said he didn't need it done anyway which I was glad. I was going to charge 75.00 since the travel was about 30 minutes away.
Does anyone know info on this? I read if you meet him off of the reso it would be ok. I don't know. Maybe I should know this.

Sorry if this has been talked about before. Since I am just a "couple week old" newbie on here I haven't read threads a lot.

THANKS GUYS.

Reply by linda/ca on 9/1/13 10:00pm
Msg #482897

Re: "Indian Dude." Made me think of one time I was in a

Market near an Indian Reservation many years ago and saw an elderly Indian gent who actually had a distinctive red hue. I was trying not to be obvious as I was stealing looks at him with fascination! Such a beautiful sight to see the "real thing" and I don't know why I was in awe of him because of his beauty and uniqueness or perhaps because the Indian race run through my blood.

Sorry, I know this was off topic, however, I had such an urge to share and I wish everyone could have seen what I saw....

Reply by Jana Miller on 9/1/13 10:26pm
Msg #482901

Re: "Indian Dude." Made me think of one time I was in a

Awww.... yes I see the beauty always. You may share anything you want.

Reply by 101livescan on 9/1/13 11:00pm
Msg #482908

I've done notarizations at the Chumash Indian Casino, and at private reservations homes of Chumash Indians in Santa Ynez Valley. I am not aware of any regulation that says you cannot notarize on Reservations.

The one more recent loan signing I did for a lady who did not answer her phone for days as I was trying to confirm with her prior, was interesting. She had been at the Casino for two days and lost her entire SS check. We still signed, and the loan closed, lowering her payments. She said she lost BIG! at the tables.

(Glad I don't gamble.)

Reply by Jana Miller on 9/1/13 11:11pm
Msg #482909

Thank you!!!! So much misinformation on the web. I kind of thought it wouldn't be an issue.

Glad I don't either.

Reply by linda/ca on 9/2/13 12:45am
Msg #482912

I am "almost" positive it would be okay and I have no reservations (Pun "not" intended) about notarizing a document on a reservation.

Here's why:

In California we can perform a notarization "anywhere" in the state of California. In fact, according to my knowledge, the only mention of a Reservation in the California Handbook is in regards to a Military or Naval "Reservation;" no mention of Indian Reservation.

If you look under fees in the California handbook, you will not see any mention of "Indian" Reservations nor special requirements or accommodations:
Fees
Government Code section 8211 specifies the maximum fees that may be charged for notary
public services. However, a notary public may decide to charge no fee or an amount that is less
than the maximum amount prescribed by law. The charging of a fee and the amount of the fee
charged is at the discretion of the notary public or the notary public’s employer, provided it does
not exceed the maximum fees. The notary public is required to make an entry in the notary public
journal even if no fee was charged, such as “no fee” or “0.” (Government Code section 8206)
Exceptions:
1) Pursuant to Government Code section 8203.6, no fees shall be collected by
notaries public appointed to military and naval reservations in accordance with8203.1;2)Pursuant
to Elections Code section 8080, no fee shall be collected by notaries public for verifying any nomination document or circulator’s affidavit; 3) Pursuant to Government Code section 6106,
no fee shall be collected by a notary public working for a public entity for services rendered
in an affidavit, application, or voucher in relation to the securing of a pension; 4) Pursuant to
Government Code section 6107, no fee may be charged to a United States military veteran for
notarization of an application or a claim for a pension, allotment, allowance, compensation,
insurance, or any other veteran’s benefit; and 5) Pursuant to Government Code section 8211(d)
no fee can be charged to notarize signatures on vote by mail ballot identification envelopes or
other voting materials. 18
g e n e r a l i n f o r m a t i o n
In addition, Government Code section 6100 requires any notary public who is appointed to
act for and on behalf of certain public agencies, pursuant to Government Code section 8202.5,
to charge for all services and remit the fees received to the employing agency. Each fee charged
must be entered in the journal.

As an aside, I thought it was interesting that if performing a notarization on a military base, it was suggested that you list the name of the reservation in addition to the state you are performing the act. Again, referring to Military and Naval Reservations; no mention of Indian Reservations.

Reply by pat/WA on 9/2/13 11:42am
Msg #482943

I have done notarizations in the jail which is on the Indian reservation. It never thought anything about it. But, they do say they are a sovereign nation. Therefore, they are not in the United States or the state of Washington?

Reply by Darlin_AL on 9/2/13 12:26pm
Msg #482953

Historically, the reservation has been

it's own sovereignity, not governed by Federal laws. In the 60's in Washington State, the local reservations were having a great income selling tobacco minus the state & fed taxes--from the reservation property. But that was then; needless to say, I'm a little out of touch about that...but, I am very curious about whether or not a notarization performed within the jurisdiction of the res. has ever been challenged. IF the jurisdiction (the res. governing body) honor/sanction a notarization performed on their land, that would be an important aspect if there was a question. Lawyer-people, I know you're out there...please weigh in for us....ok for me. I'm really curious.

Reply by HisHughness on 9/2/13 11:27am
Msg #482939

What an interesting question

Notaries are officials of the state, and have authority only within the state in which they are commissioned. My understanding is that states have limited or no authority on Indian reservations, which by extension would mean that notaries probably have no authority on reservations.

Were I asked to notarize on a reservation, I think the question would come down to whether tribal authorities commission notaries. If yes, then I would not. If, on the other hand, there is no equivalent to a notary for tribal reservations, I would -- somewhat hesitantly, I concede, but I'd do it.

Reply by MistarellaFL on 9/2/13 11:54am
Msg #482948

From the TX SOS-Very interesting, but not quite answered

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. If we do not have a deed of cession, it does not necessarily mean it does not exist. You should consult your private attorney to determine whether the property in question was ceded

http://www.sos.state.tx.us/statdoc/faqs2300.shtml#np28

Reply by VT_Syrup on 9/2/13 1:10pm
Msg #482959

Re: What an interesting question

I wouldn't put to much stock in whether the Indian nation has appointed notaries. If they have, state notaries might also have jurisdiction.

If the Indian nation does not appoint notaries, acknowledgements could be taken and oaths administered by some other official, such as a tribal judge.

Reply by ME/NJ on 9/2/13 1:31pm
Msg #482962

Always thought Indian Reservations were a sovereign nation and had own sets of laws I would never do one.

Reply by Susan Fischer on 9/2/13 5:35pm
Msg #482976

Can't count the number of signings at the two casinos

in my area I've done over the years. No clue as to whether Indian casinos constitute 'Sovereign Nation' ground - they are in a County in Oregon - and the borrowers were locals or from all over the country. Never heard a peep about where my feet were planted when they signed and I stamped.

What an interesting issue.

Reply by JanetK_CA on 9/2/13 8:54pm
Msg #482992

I did a little tiny bit of Googling on this issue yesterday and got as far as finding that certain states have arrangements with some of the reservations within their borders for things such as law enforcement and child support, etc. I didn't get very far before I had to leave, but I didn't find anything definitive. What I read was enough for me to conclude that this may be an area without clear answers.

I agree that it's a very interesting question, but I don't believe that any of us should jump to any conclusions based on what we always understood to be true about Native American Reservations. Probably a good idea to consult with your state's notary authority (SOS office or whatever).

Reply by ikando on 9/3/13 8:02am
Msg #483002

I don't know the statutes, but I do know I was contacted by the Chief and board of a tribe to notarize one of their documents for an official action. I didn't think much about it at the time. Just another notarization. Now I'm curious.

Reply by VT_Syrup on 9/3/13 8:36am
Msg #483005

I've noted that the federal government and state government agencies outside of the SOS office (or equivalent) can't design a proper notarial certificate to save their tails, so I wouldn't necessarily expect tribal officials to know about the intricacies of notarization either.