Notarizing your Foreign Language Document
“The bank refused to notarize the document because it is written in Hungarian”, said the exasperated client to me. “No Problem” for http://kenneth-a-edelstein.com was my reply. There is no requirement for the New York notary to be able to read the document, none whatsoever. Consider a 765 page document regarding the sale of a Supertanker – do you think the notary will read it prior to notarizing the signature on the last page? Well, if they are not going to read all pages of all documents – why would they want to be able to read some pages of some documents? I doubt if I will ever know.
There are some interesting considerations regarding languages involved in the notarization process. But none have anything to do with the actual document. The main language requirements in New York are related to the required oath given by the notary. The notary must be able to give the oath directly (no interpreter allowed) to the person whose signature will be notarized. The person signing must be able to read the document in order to swear/affirm that the document is truthful/correct. That is the relevant language consideration – the document could be in Braille or Latvian – it does not matter to me.
Part of some NYC notaries’ refusal to handle this situation is their employer’s desire to avoid the possibility of being involved in a lawsuit. Some Manhattan banks will not notarize a Power of Attorney, some refuse a Bill of Sale – the reasons are the same; avoiding being involved in
litigation. If the notary can’t read any of the document it “might” be a prohibited (by “bank” policy) – thus all “unreadable” documents are often refused. At http://newyorkmobilenotarypublic.com that is never the case.
It is a “best practice” to prepare foreign language documents in both languages. Most times this is done by formatting the document into two columns with English on one side and the other language on the other. One advantage of doing this is that it allows the affiant to sign twice. The signature on the English side will be compared to their ID – the other language is not. Thus, it is the English signature that is being notarized – and most ID documents in this country have English signatures.
Tweets:
(1) No problem – there is no requirement for the notary to be able to read the document (written in Hungarian)
(2) The notary must be able to give an Oath w/direct communication w/affiant (no interpreter allowed)
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Can a notary sign on a different day?
Can a notary sign on a different day?
This is a tricky question and a bit vague if you ask me. The date of a notarization corresponds to the date that the signer signs the notary journal (according to me). Some signers will sign for an acknowledged signature a minute, day, week, month, year, or decade before the notarization, and that is legal according to California notary law, and probably in most if not all other states. For Jurats, the signature must be made while personally appearing before a notary public. Oaths should ideally have an accompanying journal entry, however, there is no signature on a purely oral Oath (BTW… jurats are used with written statements that have an accompanying oath).
So, in all types of notary acts, the signer should ideally sign the notary journal, and the date and time when they sign the journal establishes the notarization date. Please keep in mind that a signing where the signer signs the document at 11:59pm and signs the notary journal at 12:01am the following day could be dated either day, but I prefer my golden rule of dating the notarization when the journal is signed.
The document date can be the date of the notarization or before, but is generally not after.
The signing date for an acknowledged signature can be the date of the acknowledgment or before, but never after
So, there are three dates that might concern the notary. It is a crime to backdate a notary certificate, but putting a previous date in the certificate wording. It is also a crime to post date the date in the certificate wording.
So, what does it really mean to ask, “Can a notary sign on a different day?”
If the notarization takes place on Monday, where the signer signs the document by Monday, and signs the journal on Monday, can the notary seal and stamp the certificate wording on Tuesday if the notary has possession of the document? This is not recommended, and is neglegence. However, if the signing was a late night signing on Monday, and you sign and affix your stamp to the document in your possession early Tuesday morning, that is still unacceptable, but sounds less unreasonable than letting it slide 24 or 48 hours!
So, the official answer to the above question is — NO! Sign the certificate within a minute or two of when the journal is signed if humanly possible.
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