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Notary Notes

Notarizing Foreign Language Documents

by PAN
Sooner or later, you mayb e asked to notarize a document written in a foreign language. While such a request can be intimidating, esepcially in view of concerns with national security, notarizing foreign language documents is easy if you follow a few simple guidelines and rely on common sense.

You do not have to understand the foreign language on a document to notarize it properly. On an acknowledgment, for example,your customer is acknowledging that he or she signed a document. Your notarization guarantees to the receiver of the document that the customer appeared before you in person, was properly identified according to law, and acknowledged his or her signature in your presence. The notarial wording must be in a language you understand, so you can meet these requirements properly.

You may perform a notarization on a document that is a translation of a foreign language document. The translator must sign a verification on oath or affirmation stating that the translation is accurate and complete. The translation and the translator's verification must be attached to the foreign language document.

You must be able to communicate with your customer. You may ask your customer to explain to you the purpose of the foreign language document and why he or she needs to have it notarized. Make sure your customer understands the procedure and fees, if any, that are part of the transaction. Of cours,e if you and your customer both speak the same foreign language fluently, you may choose to conduct the transaction in that language. No matter what language the document is written in, if you cannot communicate with your customer, you should refuse service.

If you and your customer do not speak a common language, you may use an interpreter or third party to communicate but this can be very risky. For example, you may choose to rely on a son or daughter, acting as an interpreter, in order to notarize a document for a father or mother who speaks no English. But beware of the interpreter's interest in the transaction, especially where things such as real property, vehicle titles, estates and your customer's personal rights are at stake. In these situations, the interpreter might be motivated to deceive you or your customer by intentionally mistranslating parts of the conversation. If anything happens to arouse your suspicion about the honesty or integrity of the transaction, you may refuse to serve that customer.

Notarizing foreign language documents need not be intimidating. Just keep these points in mind:
  • Demand personal appearance and identify your customer according to law.
  • Make sure you can communicate with your customer honestly, especially when using a third party as an interpreter.
  • You may notarize an English translation of a foreign language document if the translation is accompanied by a verification on oath or affirmation from the translator.
  • If you are uncomfortable notarizing a foreign language document, you may refuse service.

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