We write about this topic every so often. It is so basic and so critical that all new Notaries should understand. Every year, hundreds of thousands of Americans become Notaries. As Notaries they can perform tasks such as Acknowledging signatures, performing Jurats, administering Oaths, and other tasks which might be state specific. Notaries can hold their heads up high as their function is to identify signers, keep good records (in most states at least) and deter or prevent fraud. But, that is only if they are doing their job correctly — and most states do not vet their Notaries well enough to know the difference.
What is a Notary?
(1) A Notary Public is a state appointed official that is authorized to perform particular Notary functions. All states allow Notaries to perform Acknowledgments, Jurats, and Oaths, while some states allow Notaries to act as an official witness, safety box opener, proof of execution, protests, take Depositions, and more.
(2) A Notary receives a formal certificate of commission from their state, and a commission number.
(3) Many states require a Notary to have an official notary seal that has the Notary’s name, commission number, expiration date, state andcounty.
(4) Many states require the Notary to keep a bound and sequential official journal of notarial acts.
To be short, a Notary can perform certain basic Notary functions that their state allows them to function. Their state offers them a formal certificate of commission, and normally allows them to get one or two official Notary seals with their name, commission number, expiration date, city and state, etc. Notaries use prescribed state specific wording for particular Notary acts and that wording can be used on loose certificates that they can purchase from businesses who sell Notary supplies. A Notary is a public official, although most Notaries don’t understand that on an emotional level. They are appointed by their state as an official who will uphold (or at least are supposed to) the laws of their state at all costs.
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Can you notarize a signature in Chinese or another alphabet?
What if the signer signs in Chinese characters or hyroglyphics?
I once had a signer who wanted to sign in Chinese. It is prudent for a Notary to check the signature on a signer’s ID and make sure it matches the signature on the document. Otherwise, you might suspect fraud. But, is it legal to notarize a signature in Chinese? On your Notary certificate you have to write the person’s name in English.
My logic is that many English language signatures are incomprehensible scribbles. So, what’s the difference between an American scribble and a Chinese scribble? You can’t make sense of either one. The signer’s name was something like John C Wang and he had three corresponding Chinese characters. He claimed that scribble #1 represented the John and the next one the C, etc. I was unclear about the law in this case, but his signature matched his ID which is why I let him do it this way as matching signatures are a requirement for prudent Notarization.
But, on another occassion I was asked to teleport back into time to notarize in hyroglyphics at a pyramid. The provided a time machine and gallactic portal. I went back into time (air conditioning not included) and got to the site where they needed a notary. We spent an hour drinking tea, making small talk and negotiating my fee. They talked me out of a travel fee since they provided the travel arrangements. I also didn’t want to negotiate too hard as I didn’t want them to get mad at me otherwise I might not have a trip back to 2016. So, we sat down at the signing table, saw the guy’s ID, etc.
NOTARY: For security, may I know your mummy’s maiden name?
KING TUT: Which one?
NOTARY: Okay, please sign the journal
KING TUT: Okay…
NOTARY: Oh, forgot. I’m not allowed to Notarize hyrogliphics.
KING TUT: But, this is how I sign! And by the way, you are out of your jurisdiction, and your commission is not current here as it hasn’t been originated for another 5000 years.
NOTARY: Hmmm, good point. But, the pistachios were good and I enjoyed the time machine so it wasn’t a complete waste of time — or reverse time as the case may be.
KING TUT: Okay, how about I get into the time machine with you, go to California in 2016 where you are commissioned, and make up some English language name.
NOTARY: That might work. But you need an ID from a government that has a photo and physical description.
KING TUT: No problem, I’ll just go down to the DMV and pick one up.
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