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October 23, 2016

Where can I find a Japanese speaking Notary?

How can I find a Japanese speaking Notary?
How do I find a Japanese speaking Notary?
123notary.com has many bilingual Notaries on file, many of whom speak Japanese. Please be advised that we have many more Spanish speaking Notaries than Japanese speaking Notaries. However, if you look up a Notary by zip code on our advanced search page and then use the language filter at the top right of the page, you can see if there are any Japanese speaking Notaries in the area.

How can I get a Japanese language document notarized?
Some states require that the Notary Public understand the contents of the document. If a document is in Japanese, then some states would require the Notary to be able to read the document in Japanese, etc. Other states require that the Notary speak the language of the signer so that they could have direct communication without the necessity of a translator.

How do I get a Japanese language document notarized?
How do you get a Japanese document notarized? On 123notary.com, you can find Notaries in any state that can notarize any type of document for you including foreign language documents. Just visit the advanced search page and look up by zip code.

California requires direct communication
In California, the Notary must be able to communicate directly with the signer. So, if the signer only speaks Japanese, please make sure your Notary speaks impeccable Japanese.

Immigration Questions
Notaries are not permitted to assist or advise in immigration matters unless they are specifically authorized to do so. Please direct your immigration questions to the proper authorities.

Notaries are generally not Attorneys
Please do not confuse the office of Notary Public with powers associated with Attorneys. In Latin America, a Notario Publico has an elevated position that is similar in many ways to being an Attorney, while in the United States, Notaries can only notarize documents, give Oaths, and not give legal advice. So, please direct your legal questions to a licensed Attorney.

Drafting Documents
Please do not rely on a Notary to draft your documents for you. Notaries are generally not authorized to draft legal documents or advise you on how to draft them. Please have a legal support center or Attorney draft your documents before calling a Notary.

Find a Notary on 123notary.com!
Just visit the advanced search page on 123notary.com and look up by city, county, or zip code. Then, use the language filter at the top right of the search results to filter your results.

You might also like:

Identification requirements for being Notarized
http://blog.123notary.com/?p=4299

What is a Notary Public
http://blog.123notary.com/?p=6498

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August 26, 2016

Startup Apps that could ruin the Notary business

If you think that technology is changing faster than you can deal with. You are right. But, the worst part is that new technology is putting a lot of Notaries out of business. Snapdocs makes it easy for companies to find low cost competition. 123notary is getting more clicks than it did when Snapdocs came around, but Notaries are complaining about the low cost competition. So, here are some new startups to watch out for.

Notaryz
This company makes it possible to get notarized via web-cam (not legal in many states) or get a Notary to come to you for $30 plus parking. Notaryz doesn’t encourage tipping, but they don’t forbid it either. If you want a Notary who specializes in loan signing, Notaryz will tell you how those Notaries performed on the standardized test they have. Notaryz will also connect you with 3rd rate Attorneys who can’t get a real job who will give you discounted help drafting Powers of Attorney, permission to travel or other documents without you having to leave your desk. Notaryz is doing some brisk business, however is dealing with some tough competition from “PersynallyAppear” — an app that finds you a Notary who will personally appear before you without any digital signatures or web cams.

Roomyz
Are you upset with your roommate and want to pull a prank on them? Well, this new app called Roomyz is for you. They will play a joke on your roommate, send flowers from a nonexistent admirer, or throw water on them while they are leaving the house. Just download a photo of your roommate, use the dropdown menu to select the prank of your choice, or use the text box to indicate a customized prank, and let Roomyz do the rest. You can select from pranksters with reviews and pay them using our “pay once completed” app. Roomyz will take 15% of the proceeds, the rest if for the agent.

PayMyNotary
This app might be a little more popular with Notaries. If Notary can submit proof that a job was assigned to them and the journal entries to prove that the job was done (or somewhat done) then PayMyNotary will go after the signing company who hired you. They will fax, text, call, send threatening demand letters, contact Title, and even go to the Better Business Bureau. PayMyNotary will even contact collection agencies using the new app “Kullect” to get companies to pay.

Kullect
Kullect will let a Notary choose from hundreds of collection agencies to find the best price and best terms to get signing companies to pay them. Just download the information about the Notary jobs done for a particular company, journal entries, and then Kullect will do the rest (unless the server is down in which case you’re on your own.)

NotaryStandUp
This app sends daily jokes to Notaries that they can tell their borrowers. Every day, you get fresh new jokes, so there is no danger of telling the same joke twice. You might get fired by a few signing companies using NotaryStandUp, but you will laugh all the way through the process and your customers will swear that you are a “Stand Up Guy.”

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Apps that Notaries have never heard of that could change your life
http://blog.123notary.com/?p=16311

New Apps for the iPhone7 that you’ve never dreamed of
http://blog.123notary.com/?p=10977

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January 6, 2015

Notarized Limited Power of Attorney

Filed under: Power of Attorney — Tags: , , — admin @ 4:00 am

If you need a Notarized Limited Power of Attorney, keep in mind that step one is getting your document drafted. That needs to be done under the supervision of an Attorney. Please don’t ask a notary to draft a legal document! Once drafting a Limited Power of Attorney is complete, then it is time to call a notary public.

Any notary public can notarize any type of document other than a vital record. Just call a notary, make sure your government issued photo-ID is ready, and have them notarize your signature on the Power of Attorney. And remember, not to ask the Notary any legal questions as it is illegal for them to give you any legal consultation! They are just the notary!

Good luck getting your Limited Power of Attorney Notarized!

You might also like:

Notarized Power of Attorney
http://blog.123notary.com/?p=9862

Index of posts about power of attorney
http://blog.123notary.com/?p=20255

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January 6, 2014

Can a Notary notarize a Will or Living Will?

To make it quick and simple — Yes, a Notary can notarize signatures on a Will, although it is generally discouraged unless given written instructions by an Attorney. Wills are normally witnessed, but not notarized. But then, why be normal?

Can a notary witness a Will?
YES, a Notary can witness the signing of any document. However, it is discouraged for a notary to be involved in any transaction as a witness or Notary where they might have beneficial interest or financial interest! If the notary benefits in any way from a Will being signed or is closely related to a beneficiary, they could be said to have beneficial interest. Anybody eighteen years of age or older who can sign their own name and watch someone else sign can be a witness to a will. It is that simple!

Can a notary draft a Will?
Document drafting might be considered part of the practice of law in your state. You can ask your state bar association if a Notary can draft a document, or if a notary can draft a legal document. The answer is most likely no. Unless you are trained and authorized, I would stay away from document drafting of legal documents since it is so sensitive!

Then who can draft a Will?
Ask an Attorney to help you draft a Will. Ask the Attorney if the Will should be notarized or only witnessed. The witnesses of the Will can also be notarized by the way!

What about a Living Will?
Living Wills are typically very long documents drafted by Attorneys who specialize in Health Care legal documents. Health Care Power Of Attorney documents are close relatives of Living Wills. Living Wills are typically notarized and often need a notarization in the middle of the document as well as at the end of the potentially dozens of pages.

Can a notary notarize a Living Will?
Sure!

How about a Dying Will or a Won’t? Or a Living Will that doesn’t have a pulse! I know a Notary who is dying to notarize a Won’t with or without instructions from an Attorney!

Tweets:
(1) Yes, Notary can notarize signatures on a Will, although it is generally discouraged w/o written instructions from an Attorney.
(2) Document drafting may or may not be considered practicing law in your state. Ask the Bar Association.
(3) The difference between a regular Will and a Living Will is that the latter has a pulse.

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Can a notary sign on a different day?
http://blog.123notary.com/?p=2457

The lady and the handwritten Will
http://blog.123notary.com/?p=3609

Types of witnesses in the Notary profession
http://blog.123notary.com/?p=5664

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November 13, 2011

Can a notary witness a will or notarize one?

Can a notary act as a witness to a will — Can a notary notarize a will?
 
This is a very difficult topic to write about because notary law differs from state to state, and notary laws change over time as well in particular states.  As a general rule, a notary public is discouraged from notarizing signatures on any will.  If you are a New York Notary Public, you should probably avoid notarizing signatures on Wills under any circumstance since standards for what constitutes unauthorized practice of law in New York State for a New York Notary Public are more stringent than many other states.  I heard that notarizing a Will as a New York Notary might be considered practicing law. However, in many states, a notary can notarize signatures on a will — even though it would be meaningless.  Utah notaries are encouraged to notarize signatures on Wills if asked to since it is illegal to turn down any lawful request for a notarization. But, what about acting as a witness?
 
A notary can act as a witness, but in their capacity as an individual.
Unless your state prohibits a notary from being a witness (  have never heard of such a restriction, but it could exist), a notary can be a witness.  A Delaware Notary Public can act as a witness as an official Delaware notary act and charge a prescribed maximum notary fee.  However, in other states, a notary public may act as a witness, but in their capacity as an individual — or at least it would not be done as an official notary act recognized by their state.  On the other hand, the notary acting as a witness can also indicate that they are a commissioned notary in their state which adds credibility.  Notaries are screened before being commissioned in their respective state which makes them perhaps more credible than an average citizen (you would think).
 
Unauthorized practice of law — what does this mean?
I am not an attorney, and can not give any meaningful tutorials on what unauthorized practice of law constitutes.  As a non-attorney notary, you should avoid giving any type of advice about what type of notarization to get, what type of legal paperwork to get, or how to fill it out.  You should not draft legal documents in any state (documents to be used in court or submitted to a judge or used in conjunction with any court case).  You might be able to assist in drafting non-legal documents in many states that are to be notarized such as simple affidavits, etc.  A Florida notary public is strongly advised against helping drafting any type of documents since laws in their state are more strict about what type of advice a notary may give.  In short, each state has a different idea of what “UPL” means.  To play it safe, please read up on what your state notary laws are, and don’t draft legal documents, and don’t give advice on legal matters.
 
How many witnesses do you need for a Will?
It is standard in California, New York, Ohio, Arizona,  and  most other states for a Will to require two witness signatures. I read on findlaw.com that Vermont requires three witnesses to sign a Will.  Witnesses must be 18 years of age or older in any state.  A notary can be one of those witnesses.
 
How do you document witnesses?
It is not a crime for a notary public to notarize the signatures of witnesses on a will, although it is improper to notarize the signature of the principal. It is always helpful for the witnesses to print their name, give their address and a phone number as documentation. You never know when they might need to be contacted.  By having witnesses’ signatures notarized, the notary has a record of the identification of the witnesses, and a prudent notary would also record their adress and maybe even their contact information.
 
What is it like to act as a witness to a will?
I have done this many times.  It is a very boring, but traditional formal proceeding. It is common to have an attorney present, a few neighbors or friends, and perhaps even a bottle of wine (for after the signing).  Everyone commonly gathers around the dining room table. Once everyone is there, then the attorney might give a quick speech, and then the principal signer signs, and then the witnesses sign in their appointed places.  Afterwards, there is lots of chatting generally. Or, you might meet in the conference room of a law office and do it there (less fun).  Many people consider a notary to be a better quality witness since they deal with signing documents as a profession and they take signatures more seriously, so I got many gigs as a witness.  I took it very seriously and watched very intently every time a signer signed!
 
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Information about Credible Witnesses
 
Can a notary be a witness?
 
New York Notary search results

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November 29, 2010

Just Say No Article #2

Assisting with Immigration issues
If you are not an immigration expert, don’t answer immigration questions and don’t advertise yourself as an immigration expert. However, notaries are allowed to notarize many types of immigration documents. Just don’t give advice.

Assisting with legal advice
If asked for legal advice, if you are not an attorney, please refrain from giving legal advice as it might constitute unauthorized practice of law. Drafting legal documents, i.e. documents to be used in court or submitted to a judge or attorney could constitute legal advice or service (unauthorized practice of law) in many states. Don’t even offer to recommened particular notary procedures for their document, as that also could constitute unauthorized practice of law.

Backdating
Putting a date on a document’s notary certificate section that is previous to the current date is considered backdating and is illegal. Don’t backdate. Many signing companies will ask you to backdate when they are in a pinch and will lose their lock on the borrower’s loan. That is their problem, not yours. If you backdate you could lose your commission if you get caught. It is a misdemeanor in many states to ask a notary to commit fraud, so you can report a company that asks you or coerces you into backdating.

Don’t make notarial recommendations
Customers always ask what type of notarization they should get. You are not allowed to tell them in many states. You can describe the attributes of the various types of notarizations and ask what the document custodian would like too. Just don’t make recommendations.

Letting your boss review your journal
Your boss can not inspect your journal on their own. However, if you are present, then its okay if your boss inspects the journal. The notary should not let the public see journal entries unrelated to their specific business. Its best to make a copy of the journal entry that blocks out other entries to protect the privacy of the others who you notarized. If not all of the notarizations are related to your boss, it would be better if you make a copy of the journal entry in question rather than letting the boss look at the whole journal while you are there.

Blanks?
Don’t notarize a document with blanks in it. The blanks must somehow be filled in or crossed out. Otherwise you must decline from notarizing that document.

Lock up your seal and journal
Not all states require a seal and journal, but these instruments are the exclusive property of the notary and must be kept under lock and key. Don’t let others use them or you can get in big trouble, and so can the person who used them.

Don’t notarize parts of documents
If you are handed page three of a long document, you can not notarize it as a separate entity. Documents must be in their complete form to be notarized. Don’t only notarize the last page of a document — the page that contains the certificate wording either.

Failure to emboss?
Its not required by law to emboss pages, but if you choose to emboss every page of every document you notarized, it becomes difficult to substitute pages of documents without getting caught. Embossers leave a raised seal that can not be photocopied, so you will be detering a lot of funny business using an embosser.

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Notaries that fail and what they did wrong!

Everything you need to know about journals

13 ways to get sued as a notary
http://blog.123notary.com/?p=19614

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November 4, 2010

The Florida Notary issues and quirks

Florida Notary Issues and oddities

Understanding a document
A Florida notary public is NOT required to be able to read all documents being notarized by them, but the signer must be able to read the document. The document must either be in English, or a language the signer can read. This is differently worded from many other states. In California, the notary must be able to communicate directly with the signer, but does not need to understand the contents of the document, nor do the contents need to be in English.

Foreign language signers
The notary must be able to communicate directly with the signer without the help of an interpreter in California. So, if the signer brings their children along to help translate, the notary must decline the job unless direct communication is possible. But, in Florida, the statutes do not specify that the notary and signer must be able to directly communicate, but specify that the signer must have the document translated into a language they understand in order to qualify to get their signature acknowledged.

Verifying a VIN #.
Another unusual official act of a Florida notary is to be able to verify a VIN number on a vehicle. The maximum charge for this is $10 per notary act.

Drafting documents
Other states simple forbid notaries from engaging in legal advice, but don’t spell out exactly what legal advice could consist of. A notary public in Florida is expressly forbidden from drafting any type of document for a client — both legal documents and less formal documents. A legal document is often described of one that might be used in court or submitted to a judge or attorney. Additionally, a Florida notary must not fill in blank spaces in documents as that also constitutes unauthorized practice of law or legal advice in FL.

The Florida Notary Manual page 58 states that a Florida Notary should only sell legal forms and type up documents written by their customers.

Disabilities
A notary in Florida may sign on the behalf of a person with a disability if the disabled person requests. Nobody has ever mentioned any rule like this before on any of our forums.

Notarizing for minors
The state of Florida allows notaries to notarize for minors and should ideally document the minor’s age next to their signature.

Incompetency
A notary may not notarize for an individual who doesn’t seem capable of understanding the meaning of the document being notarized.

Marriages – I do!
Florida notaries may solemnize marriages if the couple provides a marriage certificate. ME, NH, and SC, plus one parish in LA are the only other states we have heard of that allow notaries to conduct marriages, but they need a special extra license in NH to the best of our knowledge. The notary may make up their own verbiage for the marriage, and then complete an official certificate for the marriage.

Also Read: Letter to the Florida Notary Division
http://blog.123notary.com/?p=19896

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