Qt - Can a notary notarize a document in a foreign language with which they are not familiar?
Answer - In California, the answer to that question is yes. According to the 2008 CA Notary Handbook "a notary public can notarize a signature on a document in a foreign language with which they are not familiar, since a notary public’s function only relates to the signature and not the contents of the document."
A notary does not have to be able to read the document but they must be able to communicate with the customer. An interpreter can not be used so if the notary is unable to communicate with the customer then the customer should be referred to a notary public who speaks their language.
Customers have told me that they have had notaries refuse to notarize their document because it was in a foreign language. It is a wise notary who makes oneself familiar with the rules and regulations governing their appointment.
A notary does not have to be able to read the document but they must be able to communicate with the customer. An interpreter can not be used so if the notary is unable to communicate with the customer then the customer should be referred to a notary public who speaks their language.
Customers have told me that they have had notaries refuse to notarize their document because it was in a foreign language. It is a wise notary who makes oneself familiar with the rules and regulations governing their appointment.
2 comments:
I'm a Louisiana notary, but here is California Civil Code 1185 in part:
"1185. (a) The acknowledgment of an instrument shall not be taken unless the officer taking it has satisfactory evidence that the person making the acknowledgment is the individual who is →→→→→→described in ←←←←←←and who executed the instrument.
(b) For purposes of this section "satisfactory evidence" means the absence of information, evidence, or other circumstances that would lead a reasonable person to believe that the person making the acknowledgment is not the individual he or she claims to be and anyone of the following:
(1) (A) The oath or affirmation of a credible witness personally known to the officer, whose identity is proven to the officer upon presentation of a document satisfying the requirements of paragraph (3) or (4), that the person making the acknowledgment is personally known to the witness and that each of the following are true:
(i) The person making the acknowledgment is the person named in the document...."
PLEASE TELL ME HOW, IF YOU DO NOT SPEAK THAT LANGUAGE CAN VERIFY:
1) THAT IS THE PERSON DESCRIBED IN THE DOCUMENT?
You must be able to read, comprehend, and understand the language of the document to the point to ascertain that that person is described, as a party, in that document.
2) THAT IS THE PERSON IS "NAMED" IN THE DOCUMENT?
Remember that "NAMED" and "NAME APPEARS" means TWO DIFFERENT THINGS!
Example:
Named: The party of the first part is Charles P. Tolliver II.
Name Appears: (Anywhere on the document) Charles P. Tolliver II.
The statute goes on to state: "(B) A notary public who violates this section by failing to obtain the satisfactory evidence required by subparagraph (A) shall be subject to a civil penalty not exceeding ten thousand dollars ($10,000)....."
CA Government Code 8205 prohibits the notarization of incomplete documents. Yes, people can even go back and add documents to an English set; however, you can defend yourself and limit liability, "hey this says pages 1 of 5. Where is page 3?" You can even cross that out and change it to 1 of 4 if need be. With an untranslated document, once you have put your seal, you are on the hook for the fine should your notarization becomes contested. All you can say in court is that I never read the document because I don't speak that language.
How do you not know you are notarizing something California prohibits? CA Goverment Code 8205 lists the express powers of the CA Notary and what can be notarized.
Now I know where you are coming from: The CA Notary Handbook where it states, "A notary public can notarize a signature on a document in a foreign language with which
the notary public is not familiar, since a notary public’s function only relates to the signature and not the contents of the document."
THIS WAS OBVIOUSLY POORLY WRITTEN AS THE WRITER RECANTS THAT AND STATES LATER IN THE PARAGRAPH:
"The notary public should be mindful of the completeness of the document and must not notarize the signature on the document if the document appears to be incomplete."
"The notary public is responsible for completing the acknowledgment or jurat form."
"When notarizing a signature on a document, a notary public must be able to →→→communicate ←←←with the customer in order for the signer either to swear to or affirm the contents of the affidavit or to acknowledge the execution of the document."
"An interpreter should →→→not←←← be used, as vital information could be lost in the translation. If a notary public is unable to communicate with a customer, the customer should be referred to a notary public who speaks the customer’s language."
(Emphasis Added)
On my close, protect yourself. CA law says not to notarize anything that doesn't fit to statute. If you don't speak the language of the writer, you can't tell if it does fit statute.
While you do make valid arguments, Anonymous, a notary is not following the stated law if they refuse to notarize a document because it is in a foreign language. As long as we have correctly identified the signer then we have done our job.
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